A Very Brady Christmas

(credit: Emma Schwartz, iWatch)

Like many states, Maine depends on the FBI to conduct background checks of people who want to acquire firearms from the state’s federally licensed gun dealers.

And like many states, Maine is a slacker in supplying the records that the FBI depends on to run those checks.

That’s how Raymond Geisel got his guns, including a Glock Model 17 pistol and a semi-automatic version of the AK-47 assault rifle. Geisel had previously been committed to a psychiatric hospital in Bangor, which made him ineligible under federal law to buy or possess a gun. But because state officials had not supplied records of his commitment to the FBI, Geisel passed background checks without being flagged.

Eventually, the law caught up with Geisel. He was arrested in Miami in August 2008 for making threats against Barack Obama, who was campaigning in south Florida around the same time. Another gun that Geisel had acquired in Maine was subsequently recovered by federal agents in his hotel room, along with a combat-style hatchet, armor-piercing ammo and canisters of tear gas.

The data gap that Geisel exploited should have been closed by now. Four years ago, after the massacre at Virginia Tech exposed gaps in the National Instant Criminal Background Check System (NICS), Congress and the Bush administration took decisive action to shore up the joint state-federal operation, which is supposed to keep guns away from the deranged and the dangerous.

But the so-called NICS Improvement Amendments Act of 2007 has clearly not improved things much at all. And that’s far from the only problem. The federal background check system, conceived as a first line of defense against gun crime, remains riddled with data gaps, loopholes and disputes over just who should be barred—a troubling conclusion brought into sharp relief by the January shooting spree in Arizona that killed six and wounded 13 others, including Rep. Gabrielle Giffords.

A dozen years after it went fully operational, NICS is still a patchwork operation that, despite a huge data base, often relies on massively incomplete information.

Millions of pertinent documents—from mental health and drug abuse records to the case records of accused felons—remain outside the system, in boxes in courthouse basements or in legal limbo because of state and local laws that prohibit sharing with the feds. As a result, guns are getting into the hands of people who should never possess them.

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