quote:

Originally posted by LoboGunLeather:
<<snip>> BATF has actually instituted a program offering Personal Identifier Numbers (PIN) for those who are known to be affected by such data anomalies.
<<snip>>

quote:

Originally posted by LoboGunLeather:
Actually, ATF had nothing to do with the NICS check. The programs are run by individual state governments (here in Colorado it is the Department of Public Safety, Colorado Bureau of Investigation). Yes, they all use the national law enforcement databases, but the "go" or "no go" is administered by the state agency having that responsibility.

Every state is different. Some states provide for delivery of the firearm after a period of days has passed without a response to the background inquiry, but (understandably) many dealers will not complete a transaction without the proper response due to concerns over liability exposure. In some states it is conceivable that a simple administrative order to halt all transactions could be done, leaving citizens with no alternative other than lawsuits to enforce their 2A rights.

With few exceptions, a denial or delay allows the affected individual little in the way of appeals processes. Those with very common names, especially when coupled with dates of birth or other data closely similar to known felons or fugitives, may find themselves in the position of proving their "innocence" before administrative boards or appointed officials with very restrictive schedules and rules. BATF has actually instituted a program offering Personal Identifier Numbers (PIN) for those who are known to be affected by such data anomalies.

Of course, all of the federal, state, and local court and police records are only as good as the data input and maintained by each agency. There are countless examples of wrongful delays, wrongful denials, and obviously prohibited persons passed through the system without a blink of an eye.