BIDS vs NICS Part Two

Part two: BIDS vs NICS

Read the original Puckett and Howard paper here.



Key differences between BIDS and NICS:

BIDS
NICS

Check performed by:
Private federally licensed dealer
Government agents

Possession of data for check:
Dealer encrypted files, via NCIC and III
Secret government repository

Type of Check:
Local query: Is buyer on list of people with firearms-purchase disabilities?
Based upon all categories listed in
18 USC §922(d), (g) and (n).
Centralized query: Is buyer on list of people with firearms-purchase disabilities? Save query data.
Based upon all categories listed in
18 USC §922(d), (g) and (n).

Privacy
Reason for disability is not included.
Use for any other purpose carries serious penalties.
Prohibited person status alone is not privileged information, OK to use
Reason for disability is not disclosed
Use for any other purpose carries serious penalties.
Prohibited person status in files is privileged information

Accuracy
Precisely as good as the FBI data provided on prohibited persons, and dealer compliance.
Precisely as good as the FBI data provided on prohibited persons, and dealer compliance.

Compliance
Dealer failure to comply is a serious crime, subjects dealer to loss of license, fines and imprisonment.
Easily verified by ATF visits which dealers currently agree to in obtaining license to operate.
Dealer failure to comply is a serious crime, subjects dealer to loss of license, fines and imprisonment.
Easily verified by ATF visits which dealers currently agree to in obtaining license to operate.

Cost
Extremely low: some startup, initial training, periodic data transmission to dealer sites
Extremely high: huge infrastructure, equipment needs, ongoing office space and staffing, support facilities and personnel, benefits, HR, management.

Ongoing recordkeeping that identifies gun buyers
Dealer maintains routine sales information as with any other retail purchase of merchandise.
Government does not learn in real time who legally buys guns from dealers, removing chances of illegal registrations. Trace data through 4473 forms is addressed by BIDS.
Dealer must keep transactions and buyer identification available for inspection or seizure. Dealers must turn over records to government upon going out of business, high potential for illegal registries. Pervasive legal, illegal & potential registry opportunities with no safeguards or meaningful oversight.






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