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16th October 2009, 11:52
The New Hampshire Department of Safety has ordered law enforcement agencies to end the practice of running background checks before returning confiscated firearms to their owners.
In a memo sent on Sept. 28, New Hampshire Department of Safety Assistant Commissioner Earl Sweeney reminded law enforcement officials throughout the state that the National Instant Criminal Background Check System, known as NICS, can be used only by federally licensed gun manufacturers, importers and dealers. If the NICS is being used by police or court officers to run background checks before returning confiscated guns, Sweeney wrote, they should stop.
"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 New Hampshire Legislature," he wrote.
The order is in response to a complaint filed with the New Hampshire Department of Safety by Concord attorney Evan F. Nappen.
Nappen, who specializes in New Hampshire weapons law, contacted the state in April after the Manchester Police Department ran an NICS check on one of his clients. Nappen said he discovered soon after that background checks were also being run at some of New Hampshire's superior courts.
He warned the state that under the Code of Federal Rules enforced by the U.S. Justice Department, these actions could result in a $10,000 fine for each violation and the state could potentially lose access to the use NICS system.
Nappen said he was happy with Sweeney's response. Ending these checks means gun owners are no longer subjected to improper checks and, at the same time, eases the case load of the state's NICS system, he said.
"To the credit of Earl Sweeney, he read, responded and took action on what I had to say. I've got to give him a lot of credit," said Nappen.
In a memo sent on Sept. 28, New Hampshire Department of Safety Assistant Commissioner Earl Sweeney reminded law enforcement officials throughout the state that the National Instant Criminal Background Check System, known as NICS, can be used only by federally licensed gun manufacturers, importers and dealers. If the NICS is being used by police or court officers to run background checks before returning confiscated guns, Sweeney wrote, they should stop.
"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 New Hampshire Legislature," he wrote.
The order is in response to a complaint filed with the New Hampshire Department of Safety by Concord attorney Evan F. Nappen.
Nappen, who specializes in New Hampshire weapons law, contacted the state in April after the Manchester Police Department ran an NICS check on one of his clients. Nappen said he discovered soon after that background checks were also being run at some of New Hampshire's superior courts.
He warned the state that under the Code of Federal Rules enforced by the U.S. Justice Department, these actions could result in a $10,000 fine for each violation and the state could potentially lose access to the use NICS system.
Nappen said he was happy with Sweeney's response. Ending these checks means gun owners are no longer subjected to improper checks and, at the same time, eases the case load of the state's NICS system, he said.
"To the credit of Earl Sweeney, he read, responded and took action on what I had to say. I've got to give him a lot of credit," said Nappen.