Skip to main content

Gun Control and Terrorism: FBI Could Better Manage Firearm-Related Background Checks Involving Terrorist Watch List Records

GAO-05-127 Published: Jan 19, 2005. Publicly Released: Mar 08, 2005.
Jump To:
Skip to Highlights

Highlights

Membership in a terrorist organization does not prohibit a person from owning a gun under current law. Thus, during presale screening of prospective firearms purchasers, the National Instant Criminal Background Check System historically did not utilize terrorist watch list records. However, for homeland security and other purposes, the Federal Bureau of Investigation (FBI) and applicable state agencies began receiving notices (effective February 3, 2004) when such screening involved watch lists records. GAO determined (1) how many checks have resulted in valid matches with terrorist watch list records, (2) procedures for providing federal counterterrorism officials relevant information from valid-match background checks, and (3) the extent to which the FBI monitors or audits the states' handling of such checks.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Office of the Attorney General Proper management of NICS transactions with valid matches to terrorist watch list records is important. Thus, the Attorney General should clarify procedures to ensure that the maximum amount of allowable information from these background checks is consistently shared with counterterrorism officials.
Closed – Implemented
In a January 2005 report (Gun Control and Terrorism: FBI Could Better Manage Firearm-Related Background Checks Involving Terrorist Watch List Records, GAO-05-127), we identified a number of potential problems in the procedures that the FBI and applicable state agencies follow when a potential gun purchaser is identified as a valid match with a terrorist watch list record. While being on the watch list does not, in itself, disqualify an applicant from purchasing a gun, it is important that the maximum amount of allowable information from firearm-related background checks be consistently shared with counterterrorism officials. However, our work revealed that federal and state procedures for handling these background checks do not clearly address the specific types of information that can or should be routinely provided to counterterrorism officials or the sources from which such information can be obtained. We recommended that the Attorney General clarify procedures to ensure that the maximum amount of allowable information from firearm-related background checks involving terrorist watch list records is consistently shared with counterterrorism officials. This recommendation has been adopted; the FBI revised its standard operating procedures to explicitly permit the additional information to be shared.
Office of the Attorney General Proper management of NICS transactions with valid matches to terrorist watch list records is important. Thus, the Attorney General should either implement more frequent monitoring by the FBI of applicable state agencies or have the FBI centrally manage all terrorism-related NICS background checks.
Closed – Implemented
In a January 2005 report (Gun Control and Terrorism: FBI Could Better Manage Firearm-Related Background Checks Involving Terrorist Watch List Records, GAO-05-127), we identified a number of potential problems in the FBI's oversight of the states' handling of firearm-related background checks involving terrorist watch list records. Specifically, we found that the FBI did not have aggregate data on the number of these transactions that had been approved or denied by state agencies to date. Also, the FBI had not assessed the extent to which the states had implemented and followed applicable procedures for handling terrorism-related firearm transactions. Further, we found that more frequent FBI oversight or centralized management of these transactions would help address other types of issues we identified--such as several states' delays in implementing procedures and one state's mishandling of a terrorism-related background check. We recommended that the Attorney General either strengthen the FBI's oversight of state agencies or have the FBI centrally manage all firearm-related background checks involving valid matches with terrorist watch list records. This recommendation has been adopted: the FBI has assumed responsibility for processing all NICS firearm related transactions involving terrorists.

Full Report

Office of Public Affairs

Topics

Counterterrorismstate relationsFirearmsGun control lawHomeland securityTerroristsInvestigations by federal agenciesLaw enforcement agenciesNational instant criminal background check systemTerrorism