Georgia Crime Information Center

INSTANT BACKGROUND CHECK

Changes Affecting Georgia Federally Licensed Firearm Dealers

The Georgia Bureau of Investigation's Firearms Program was implemented by the Georgia Crime Information Center (GCIC) on January 1, 1996, pursuant to O.C.G.A. 16-11-170 et. seq. This program provides instant background checks on persons wishing to purchase firearms, including handguns and long guns, from federally-licensed firearms dealers pursuant to Georgia law and the provisions of the federal "Brady Act." This background check is to ensure that persons prohibited by either state or federal laws are barred from purchasing firearms.

ANNUAL REPORT - CALENDAR YEAR 2003

The Georgia Firearms Program provides instant background checks on persons wishing to purchase firearms, including handguns and long guns, from federally licensed firearm dealers pursuant to Georgia law and the provisions of the federal "Brady Act". This background check is to ensure that persons prohibited by either state or federal laws are barred from purchasing a firearm.

The Firearms Program's Call Center is operational from 8:00 a.m. to 10:00 p.m. , Monday through Saturday. Sunday hours are 8:00 a.m. to 6:00 p.m. The Call Center is closed on Christmas Day.

On November 30, 1998 , the final (permanent) provisions of the federal "Brady Act" went into effect. These provisions require an instant background check on persons wishing to purchase long guns (rifles/shotguns) as well as handguns. The Federal Bureau of Investigation (FBI) established the National Instant Check System (NICS) as required by the final provisions of the "Brady Act". The NICS system made available federal databases from the Department of Defense, Immigration and Naturalization, Secret Service, Veterans Administration, Department of Transportation, and the U.S. State Department which contain information on persons prohibited from possessing firearms as a result of the following prohibitions:

Dishonorable Discharge from Military Service and Coast Guard
Illegal/Unlawful Alien
Secret Service Protective File
Mental Health and Controlled Substance Abuse
Persons Who Renounce Their Citizenship

In addition to the federal databases, the Georgia Firearms Program checks the following databases:

Georgia Criminal Histories, including Misdemeanor Family Violence Convictions
FBI Criminal Histories
State and National Wanted Person Records
State and National Protection Order Records
Georgia Mental Health - Involuntary Hospitalizations

The Georgia Firearms Program received and processed 192,158 requests for background checks on firearm purchases and transfers from federally licensed firearm dealers throughout the State of Georgia during 2003. The Call Center received 86,410 initial calls for background check inquiries and the remaining 105,748 requests were submitted electronically via point of sale terminals.

Automated License Systems (ALS) of Nashville , Tennessee provides an on-line instant background check for the large volume firearm dealers by use of a Point of Sale (POS) terminal installed at the firearm dealers' place of business. This POS terminal allows the firearm dealer to enter and receive the same information he would receive from a Firearms Program Call Center Operator, without having to call the operator. This saves the firearm dealer and the Firearms Program both time and expenses. This service is at no additional cost to the firearm dealer. The 105,748 electronic POS requests processed through ALS represented 55% of the total transactions received during 2003.

The instant background checks resulted in 182,027 or 95% being approved for the sale of a firearm. A total of 3,272 or 1.7%, resulted in a denial of the sale. Of the total approvals, 134,596 or 74% were approved instantly. The remainder required research to determine if the information located in one or more of the databases would prohibit the firearm sale

As a Point of Contact (POC) state for the NICS, the Georgia Firearms Program, during 2002, was compelled to change its policy of issuing denials on potentially disqualifying arrests if no disposition could be immediately located to issuing a "delayed" status response. If no final disposition or indictment information can be located within three (3) business days, the transaction is neither approved nor denied, and the firearm dealer may legally transfer the weapon. In 2003, a delayed status response was issued for 6,859 transactions. Georgia Crime Information Center (GCIC) staff continue to research transactions for 21 days in an attempt to determine a final status. After 21 days, the transaction becomes "unresolved ". Follow-up research resulted in final resolution (approval/denial) for approximately 2,835 transactions (41%). Of the delayed transactions, dispositions located resulted in approval for 83% of the transactions and in denial for 17% of the transactions. The majority of delayed transactions ultimately denied were based on felony convictions and for individuals under indictment for felony charges.

If information is located that indicates the purchaser is prohibited, and the weapon was transferred by the firearm dealer, the Georgia Firearms Program notifies the Bureau of Alcohol, Tobacco and Firearm (ATF) that a prohibited individual is in possession of a firearm and the weapon needs to be retrieved. Since the 2002 change in policy, eighty-four (84) firearm retrievals have been initiated. Thirty-five (35) of the 84 weapons were retrieved due to coordinated efforts between the Georgia Firearms Program and the firearm dealer.

The following is a synopsis of the Firearms Program's activity for 2003.

Total Firearms Transactions	192,158
Handgun Transactions Long gun Transactions Dual Transactions*	68,756 120,688 2,714
Total Transactions Approved	182,027
Handguns Approved Long guns Approved Dual Transactions Approved	64,104 115,355 2,568
Total Transactions Denied	3,272
Handguns Denied Long guns Denied Dual Transactions Denied	1,505 1,722 45
Total Transactions Delayed/Unresolved	6,859
Handguns Delayed/Unresolved Long guns Delayed/Unresolved Dual Transactions Delayed/Unresolved	3,147 3,611 101

* Sale of multiple firearms to include at least one handgun and one long gun

Reasons for Denial

Reason	Handguns	Long Guns	Dual Transactions	Total
Felony Related (conviction or indictment)	840	1,124	28	1,992
Fugitive (felony and non-felony warrants)	282	278	7	567
Domestic Violence (misdemeanor convictions)	210	212	6	428
Mental Health Reasons	7	2	0	9
NICS Denied Person*	166	106	4	276
Total	1,505	1,722	45	3,272

* Federal database records

The Firearms Program collected a total of $944,254.00 in instant background check fees from firearm dealers during 2003. This total was remitted to the State General Treasury. Firearms dealers are billed monthly at the rate of $5.00 for each instant background check performed. The firearm dealer charges this fee to the prospective purchaser.

The Firearms Program received no court orders in 2003 to amend either criminal history or involuntary hospitalization records resulting from a person being denied a firearm. The Georgia Bureau of Investigation (GBI) provides resources dedicated to pursuing incomplete information in Georgia criminal history records as necessary to determine the eligibility of the potential buyer to purchase a handgun. In addition, all requests for record amendments submitted by purchasers were completed.

During 2003, ten (10) of the felony warrants identified during the background check process resulted in known arrests by local law enforcement officials after notification by the Firearms Program.. Notification of 25 additional non-felony warrants also resulted in known arrests.

A 2000 change to O.C.G.A. 16 -11-131 made it a felony for any person convicted of a forcible felony, or on first offender probation for a forcible felony as defined in this statute, to attempt to purchase a firearm. In January 2001, as part of the Georgia Firearms Program, the Georgia Crime Information Center (GCIC) implemented a notification program to local law enforcement and prosecutors when a convicted forcible felon attempted to purchase a firearm. The notification program has become a component of the Georgia Gun Crime Reduction Initiative.

uring 2003, 462 or 25% of those individuals denied a firearm purchase/transfer because of a felony conviction were convicted of forcible felony offenses. Notifications on each were sent to the appropriate law enforcement and prosecutor's office for possible criminal investigation and/or any further law enforcement action deemed appropriate. In 2003, 84 arrests for the felony attempt to purchase were reported to GCIC, for a total of 246 since the program was initiated. An additional 34 individuals were currently on active probation or parole and the appropriate probation/parole officer was notified.

2003 Total Firearms Transactions

Firearms Transactions by Type

Total Telephone Calls vs. Total Point of Sale Transactions

Firearms Approvals vs. Non-Approvals

Reasons For Non-Approvals

2003 Number of Reported Arrests

Form for Appealing A Firearm Transfer Denial

The Annual Reports and statistics for years 1996 through 2000 are also available. Choose the year you would like to view from the list below.