Rep. Panetta and Sen. Feinstein Reintroduce Legislation to Ensure Completion of Gun Background Checks

Monterey, CA – U.S. Representatives Jimmy Panetta (CA-19) and Senator Dianne Feinstein (D-CA) reintroduced the National Instant Criminal Background Check System (NICS) Data Integrity Act, which would require the Federal Bureau of Investigations (FBI) to complete all gun-purchase background checks.

Under current law, if the FBI cannot complete a background check investigation within 88 days, they must purge all records from its systems related to that background check.  The termination of that background check can lead to prohibited individuals being able to possess firearms.  As gun sales have increased in recent years, the 88-day requirement has led to an overburdened background check system.

“Time limits on background checks for firearms purchases can undermine law enforcement’s ability to prevent these weapons from falling into the wrong hands,” said Rep. Panetta.  “By removing 88-day time limit for the FBI and allowing it to retain its information, law enforcement can fulfill its duty to effectively conduct and complete background checks, ensure the proper ownership of firearms, and enhance public safety.  This is a simple fix to a loophole in our gun laws that will help us as we continue our work to reduce gun violence.”

“The best way to keep guns out of the hands of dangerous individuals is to complete a background check for every single sale,” said Sen. Feinstein.  “Unfortunately, a major flaw in our system too often forces the FBI to stop background checks before they’re completed and purge any data collected. This makes no sense.  Our bill would allow the FBI to finish all background checks to ensure that people who aren’t legally allowed to buy a gun don’t get one.”

In addition to removing the deadline by which the FBI must complete a background check, the bill also requires the FBI to search specific databases during the background check process, all of which contain information relevant to determining whether a buyer is legally eligible to purchase a gun.  Currently, there is no established process for which databases must be searched.

The FBI failed to complete 734,604 background checks for firearms purchases between January 2020 through November 2021 because the check took longer than 88 days.

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