-Caveat Lector- FRIDAY JULY 16 1999 ---------------------------------------------------------------------------- ---- How gun show was shut down FBI turns off insta-check system, halts business ---------------------------------------------------------------------------- ---- By Jon E. Dougherty © 1999 WorldNetDaily.com Despite a turnout of "record numbers" of people at the Crossroads Gun Show in Phoenix, Ariz., not one gun dealer sold a single firearm. That's because earlier in the day on Sunday, July 11, the Federal Bureau of Investigation turned off its instant background database system for, according to a source who spoke with FBI officials, "routine maintenance." As a result, dealers were not able to perform the required background checks on potential customers and, hence, could not sell any guns. "In what seemed like an arbitrary and capricious attack on U.S. commerce, the FBI, without warning, closed gun shows and the firearms business in general," said [ http://www.gunlaws.com/ ] Alan Korwin, noted gun law expert and an opponent of the FBI's background check system, who attended the Phoenix event. Korwin is the author of "Gun Laws of America," a reference almanac that lists every state and federal law pertaining to firearms in the country. The move sparked widespread anger and resentment from local Phoenix firearm dealers and patrons alike, as well as charges of an anti-gun conspiracy by the federal government. Though Korwin admitted the move was dubious, he told WorldNetDaily there was "absolutely no evidence" that the FBI "maliciously" turned off NICS "for the sole purpose of thwarting national gun sales." However, he said, "Did the FBI know such a move would thwart gun sales? Of course they had to know that because they're not stupid. I'm just saying I don't know if the move was malicious or conspiratorial." The system, which is known as the National Instant (Background) Check System, or NICS, is a result of the Brady Law, which mandated such a system by Nov. 30, 1998. Specifically, it is a computer database located in Clarksburg, W.Va., and is used to "check available records on persons who are disqualified from receiving firearms." Clinton administration advocates have touted the system as a legitimate crime-fighting tool. Critics of the system, however, claim that NICS is a waste of taxpayer money and violates Second Amendment restrictions on the "infringement" of the right to keep and bear -- and purchase -- firearms. At the Phoenix event, Korwin said that although licensed dealers were unable to sell firearms, private transactions between individuals occurred. "And as you know," he added, "there currently is a move to close that so-called loophole in the law as well." President Clinton, Vice President Al Gore and a number of Republican lawmakers have recently said they will seek legislation mandating that all firearms transactions -- including those at gun shows -- also be subjected to a NICS check. Korwin said the most frustrating aspect of the July 11 incident was that gun dealers "had no prior knowledge" that the system would be shut down. "That was quite a surprise" to dealers, he said. But he added, "I don't think any attention was paid, that I'm aware of, that this action could put people out of business by stopping commerce. It was government regulation of free enterprise in a way that had never been done." According to the FBI's own "fact sheet" on the NICS system, "In accordance with the Brady Act, the NICS shall allow Federal Firearms Licensees ... to contact the system by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately." If the gun buyer has no disqualifying criminal record, the transaction is approved and a "NICS transaction number" (NTN) is assigned to the purchase. "If the FBI determines that disqualifying information exists on the prospective purchaser," the rules state, "the Federal Firearms Licensee (FFL) will be advised that the transfer may not proceed and will be given an NTN to record on the ATF Form 4473 and retain the form for auditing purposes." States can also decide if they want FFLs to contact a state agency for sales approval instead of the federal government. Korwin said that in the event the NICS system is down for any reason, the Brady law "only requires its use if it is up and running." He said gun dealers may sell guns without a background check if the system is down, "but dealers don't do that because they are terrified of reprisals by the Bureau of Alcohol, Tobacco and Firearms" -- the agency primarily responsible for regulating firearms sales. He also said the NICS system "has been temporarily down before, but never for a full day." "I've asked them for information on their down time," he said, "but so far I haven't gotten any." Typically, he said, the system "glitches" from time to time, which does not suggest any duplicity on the part of the FBI. On the other hand, he added, when the system is down it is costly for gun dealers. "There are some 23,000 guns sold daily in this country, so you can imagine the economic impact" of repeated system glitches or prolonged down time, Korwin said. He also said the Arizona show promoter, Bob Templeton, "spoke with the FBI (on the day of the Phoenix show) and Templeton told me the FBI had shut off the NICS system for the day." Templeton could not be reached for comment. Also, an attempt was made by WorldNetDaily to fax a list of questions to the FBI facility in West Virginia, per the agency's request, without success. Korwin questioned the necessity of the NICS system on the whole, and said the weekend shut down illustrates why it is important to prevent the government from overregulating the firearms industry. ---------------------------------------------------------------------------- ---- Jon E. Dougherty is a senior writer and columnist for WorldNetDaily, as well as a morning co-host of Daybreak America. ---------------------------------------------------------------------------- ---- © 1999 WorldNetDaily.com, Inc. ---------------------------------------------------------------------------- ---- This page was last built 7/16/99; 1:15:46 AM Direct corrections and technical inquiries to [EMAIL PROTECTED] http://www.worldnetdaily.com/bluesky_dougherty/19990716_xnjdo_how_gun_sh.sht ml Bard Visit me at: The Center for Exposing Corruption in the Federal Government http://www.xld.com/public/center/center.htm Federal Government defined: ....a benefit/subsidy protection racket! 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