To facilitate determining if a  MCDV record or protection order would prohibit an individual from  receiving or possessing a firearm, state and local criminal justice  agencies can identify (“flag”) prohibiting records from among all the other  records that they provide to the III and NCIC. The Gun Control Act of 1968, as amended, and ATF regulations  establish the types of MCDV convictions and domestic violence protection  orders that prohibit a person from possessing a firearm under federal law. States Vary in Their Use of Indicators That Identify Domestic Violence Records That Prohibit a Firearm Transfer

		22 States Use Indicators to Identify Criminal History Records That Prohibit Firearm Transfers, Which Include Domestic Violence Records

			MCDV records in the Interstate Identification Index

Twenty-two states voluntarily participate in the Identification for Firearms  Sales (IFFS) program and flag criminal records in the III that prohibit an  individual from receiving or possessing a firearm. FBI officials noted that it is not  possible to identify all of the domestic violence records in the III because  there is no automatic process that can disaggregate these records from  the 88 million other criminal records. Most States Submit a Limited Number of Domestic Violence Records to the NICS Index, Because Such Records Are More Often Made Available to Other Systems Checked by NICS

States can submit pre-validated, firearm disqualifying MCDV records and  protection orders to the NICS Index for use solely during NICS checks. Most NICS Checks Involving Domestic Violence Records Are Completed before Firearm Transfers Take Place, but About 6,700 Firearms Were Transferred to Prohibited Individuals Since 2006; DOJ Could Analyze Denial Data to Help Establish Priorities

		About 70 Percent of MCDV-Related Denials Were Completed within 3 Business Days, Which Is a Lower Percentage than for Other Prohibiting Categories

FBI data show that about 70 percent of NICS checks involving prohibiting  MCDV records were denied within 3 business days. More than 500 Firearms Transferred Each Year to Individuals with Prohibiting Domestic Violence Records Because Denial Determinations Were Made after 3 Business Days

According to FBI data, more than 500 firearms were transferred to  individuals with prohibiting MCDV records or prohibiting protection orders  each year from fiscal years 2006 through 2015—about 6,700 total  transfers—because the FBI denial determination was made after 3  business days, which resulted in the FBI referring these cases to ATF for  firearm retrieval. Under federal law, firearm dealers may transfer a  firearm to an individual if the dealer has not received a response from the  NICS Section after 3 business days. FBI Does Not Analyze Some Available Data to Monitor the Timeliness of NICS Checks and Share Results to Help Set Priorities

DOJ and the FBI have taken steps to help improve the timely completion  of NICS checks but have not established procedures to assess or monitor  how long it takes to complete checks for each prohibiting category, which  could help inform FBI and other DOJ entities on which areas they should  prioritize resources, such as grant funding and training. Ongoing monitoring or analysis similar to the analysis we  conducted could help the FBI determine if specific prohibiting categories  present greater challenges in completing determinations than other  categories and, in turn, the FBI could use the results and provide them to  other DOJ entities to help establish priorities. State and local governments often rely on DOJ’s guidance, grants,  and identification of practices that can help mitigate challenges in  conducting background checks. Key contributors to this report are listed in appendix V.

Appendix I: Scope and Methodology

To describe the extent to which states identify domestic violence records  for use during National Instant Criminal Background Check System  (NICS) checks, we analyzed Federal Bureau of Investigation (FBI) data  on the number of domestic violence records that states identified and  made available to NICS, including those protection orders flagged with  the Brady Indicator, provided by states and territories from 2006 through  2015. To determine the extent to which NICS checks involving domestic  violence records are completed before firearm transfers take place, we  analyzed DOJ documentation and data to identify trends in total number  of NICS checks, denials, delayed denials, firearm retrievals, and days  required to determine the outcome of a check. For example, Oregon has five statutorily prohibiting  categories of misdemeanor convictions in addition to domestic violence. The Brady Indicator flags protection orders related to domestic violence that prohibit  the individual from receiving or possessing firearms under federal law.
Why GAO Did This Study

The FBI and designated state and local criminal justice agencies use the FBI's NICS to conduct background checks on individuals seeking to obtain firearms. Persons prohibited by federal law from possessing firearms include individuals who have domestic violence records that meet federal disqualifying criteria. Under federal law, firearm dealers may transfer a firearm to an individual if the FBI has not made a proceed or denial determination within 3 business days.
GAO was asked to review NICS checks involving domestic violence records. This report (1) describes the extent to which states identify domestic violence records that prohibit an individual from obtaining a firearm and (2) evaluates the extent to which NICS checks involving domestic violence records are completed before firearm transfers take place and any related challenges in completing these checks.
GAO reviewed laws and regulations; analyzed FBI data from 2006 through 2015 on domestic violence records that states submitted to the FBI, FBI total checks and denial determinations, and DOJ firearm retrieval actions; and interviewed officials from DOJ and eight states (chosen based on number of domestic violence records submitted to NICS and other factors). State interview results are not generalizable but provide insights on state practices.

What GAO Found

Most of the 50 states submit domestic violence records—misdemeanor crime of domestic violence (MCDV) convictions and domestic violence protection orders—to the Department of Justice's (DOJ) Federal Bureau of Investigation (FBI) for use during National Instant Criminal Background Check System (NICS) checks, but states vary in their efforts to identify (“flag”) such records that prohibit an individual from obtaining a firearm under federal law. For example, in 2015, 22 states voluntarily participated in a program to identify criminal history records that prohibit individuals from obtaining firearms, which can include domestic violence records. FBI data also show that 47 states identified domestic violence protection orders that prohibit firearm purchases. Since not all domestic violence records that states submit to the FBI meet federal prohibiting criteria, flagging prohibiting records can help expedite NICS checks. The total number of prohibiting domestic violence records that states submit to the FBI is generally unknown because states are not required to flag prohibiting records and there is no automated process to disaggregate such records from other records checked by NICS.
For fiscal years 2006 to 2015, FBI data show that most NICS checks involving domestic violence records that resulted in denials were completed before firearm transfers took place (see table). However, about 6,700 firearms were transferred to individuals with prohibiting domestic violence records, which resulted in the FBI referring these cases to DOJ's Bureau of Alcohol, Tobacco, Firearms and Explosives for firearm retrieval. Under federal law, firearm dealers may (but are not required to) transfer a firearm to an individual if the dealer has not received a response (proceed or denial) from the FBI after 3 business days.
FBI data also show that during fiscal year 2015, the FBI completed 90 percent of denials that involved MCDV convictions within 7 business days, which was longer than for any other prohibiting category (e.g., felony convictions). The FBI completed 90 percent of denials that involved domestic violence protection orders in fewer than 3 business days. According to federal and selected state officials GAO contacted, the information needed to determine whether domestic violence records—and in particular MCDV convictions—meet the criteria to prohibit a firearm transfer is not always readily available in NICS databases and can require additional outreach to state agencies to obtain information. DOJ has taken steps to help states make prohibiting information more readily available to NICS—such as through training and grant programs—but does not monitor the timeliness of checks that result in denials by prohibiting category. Ongoing monitoring could help the FBI determine if specific prohibiting categories present greater challenges in making determinations than other categories and, in turn, the FBI could provide the results to other DOJ entities to help them establish priorities, such as for grants, state outreach, or training.

What GAO Recommends

GAO recommends that FBI monitor the timeliness of NICS checks to assist DOJ entities in establishing priorities for improving the timeliness of checks. FBI agreed with the recommendation.