No NCIC check before returning guns

[neggy]

I know one of the Free Staters who frequents this forum was fighting to get his gun back, I remember watching the argument before the judge (small j intentional, they don't deserve any respect!) where he was making his legal argument against the background check,

This was on one of the other forums I read today ( we miss you Doobie!)

CONCORD, NH, October 2009.  Due to a complaint filed by the Law Firm of E.F. Nappen, Attorney at Law, P.C. the New Hampshire Department of Safety has ordered an end to NICS checks prior to the return of confiscated firearms.  According to the memo from Earl Sweeney, Assistant Commissioner, dated September 28th, 2009 (CLICK HERE to view memo), "Conducting NICS checks prior to returning confiscated firearms technically constitutes misuse of NICS and exceeds the authority granted to the Department of Safety by the NH Legislature.  NICS checks can only be conducted for federally licensed importers, manufacturers, or dealers."

The complaint by the law firm was initiated after one of the firm's clients was going to be subjected to a NICS check before the return of firearms by the Manchester, NH Police Department.  The law firm had also become aware of improper Superior Court use of NICS checks before returning seized firearms.  Wrongful use of the State's Gun Line could potentially expose the State to liability under the Code of Federal Rules promulgated by the U.S. Justice Department, which authorizes a fine up to $10,000 and the ending of NICS check capabilities.

This new order benefits both gun owners and the State Gun Line.  The Gun Line will no longer will be burdened with conducting unauthorized NICS checks, thereby speeding up the processing time for lawful gun purchasers.  Additionally, citizens who are entitled to having their guns returned,will not be subjected to illegal NICS checks in which they could face a wrongful denial of their rights.

[KBCraig]

That's good news. Sweeney ruled correctly, and it's something I've been saying all along: no one except a Type 01 (dealer or gunsmith) or Type 02 (pawnbroker) even has access to NICS to perform the check.

Important distinction: NCIC and NICS are not the same thing at all. Police can perform a NCIC check with no problem.

[Fluff and Stuff]

I heard this on the radio today, I think NPR.  Thank you Evan!