Devine accounces support for "enhanced" background checks

[M-Quigley]

https://fox8.com/2019/08/28/gov-dewine- ... gun-sales/" onclick="window.open(this.href);return false;

More than 1,300 Ohio law enforcement agencies and courts are required to submit case dispositions and certain mental health adjudications to Ohio’s Law Enforcement Automated Data System (LEADS) and the National Crime Information Center (NCIC), but there is currently no requirement for the entry of arrest warrants or protection orders into the state or federal background check systems.

As part of his STRONG Ohio bill, Governor DeWine will ask the Ohio General Assembly to mandate that courts enter final domestic violence, stalking, and sexual assault protection orders into the LEADS and NCIC systems within 48 hours of their issuance.

He will also request that Ohio law enforcement agencies be required to enter warrants for serious, Tier I offenses within the same two-day time period.

Governor DeWine’s Ohio Warrant Task Force developed the Tier I offense list earlier this year and recommended that warrants for 28 serious crimes such as murder, kidnapping, rape, and domestic violence be mandated for entry into LEADS and NCIC.

In a report issued in May, task force members estimated that there are more than 500,000 open arrest warrants in Ohio, but as of March 2019, only 217,052 of those warrants were in LEADS and only 18,117 warrants were in NCIC, which is one of the systems used by the FBI when conducting National Instant Criminal Background Check System (NICS) point-of-sale background checks for federally-licensed firearms dealers on prospective gun buyers.

“Responsible gun shop owners don’t want to sell a gun to someone who shouldn’t have one, so when they call the FBI for a background check, they depend on the information to be correct. When it’s not, the system is failing not only these business owners, but the public as well,” said Governor DeWine. “It’s time to stop talking about the problem and start working to fix it. Otherwise, these point-of-sale background checks are useless.”

Both Governor DeWine’s Ohio Warrant Task Force and the 2018 NICS Compliance Working Group identified the need for an enhanced, statewide system for the entry of warrants and protection orders.

[JediSkipdogg]

I've seen this coming. At work we've taken numerous surveys on procedures for arrests and warrants and that article there just shows one flaw in the current system. Personally, he's going in the right direction with this one.

[AlanM]

That reporting wouldn't be a bad thing IF there was also the same INSTANT clearing of the records of those found innocent, warrant canceled, protection order rescinded, etc.

[WhyNot]

Personally, he's going in the right direction with this one.

There is evidence for that to which I almost agree.

The big, ''but...but'' moment is, is it another trick on a anti2A position?

Color me skeptical

[Javelin Man]

That reporting wouldn't be a bad thing IF there was also the same INSTANT clearing of the records of those found innocent, warrant canceled, protection order rescinded, etc.

Yep, needs to go both ways on the reporting.

[JediSkipdogg]

That reporting wouldn't be a bad thing IF there was also the same INSTANT clearing of the records of those found innocent, warrant canceled, protection order rescinded, etc.

I would think they would be cleared pretty instantly. Both NCIC and LEADS have requirements that any warrant served or protection order that is no longer in effect must be removed ASAP. They both also require validation within 90 days of entry and every year there after. NCIC and LEADS don't mess around with stuff like that and I've gotten agencies in trouble for it. An agency in middle of nowhere Ohio had a warrant entered in LEADS with a statewide pickup. They refused to pickup from southwest Ohio. I verified with their own duty supervisor they weren't coming and then called LEADS right after. Within 30 minutes LEADS had that warrant out of the system.

You take someone out of a car at gunpoint for a warrant that is no longer valid, that's a huge lawsuit for the entering agency. That's not an oops and pass, that's liability.

[JediSkipdogg]

Personally, he's going in the right direction with this one.

There is evidence for that to which I almost agree.

The big, ''but...but'' moment is, is it another trick on a anti2A position?

Color me skeptical

I don't think so. I think this is "fixing the broken system." I've been in LE for just over 14 years. How can you scream we need to add more offenses to background checks when nearly everyone in LE knows the system is broke? One must fix the current system and this is one piece of it. The next piece is getting agencies to report arrests for disqualifiers and the courts to update the dispositions of such. The key though is the court can't update without the entry being there in the first place, which is where a large majority of failure is. The second key is if the entry is there, the courts need to know of said entry. That requires them having the identification number of the record to match the court case with. Many times that isn't transferred between the PD/Jail and the Courts. Without that, the court can't update anything and they assume the individual was never printed. One answer is the courts should then print the individual if they know the individual wasn't printed during arrest, but how do you do that? Walk each individual from the courtroom to the fingerprint room to guarantee they don't skip out? Show me the staffing level for that one.

[JEaton]

One of the big keys to this not to force more work or penalize departments who need to prioritize police-ing over a second level of record keeping and reporting. If the automation and integration Husted considered happens it should reduce work on the agencies and ensure near 100% reporting because at the time the warrant or PO is prouduce it would hit the other systems too. I would assume the reverse would occur as well but don't know how much control Ohio agencies have to auto remove from NICS

JLE

[Brian D.]

Will there be penalties (and I mean heavy fines or better yet time in the Graybar Hotel) for agency members who DON'T remove those false flags within a strict time limit?

If the answer is anything except "Hell to the YES!" I don't want to see this go forward at all.

[WestonDon]

I'm still suspicious. Although I will admit this is not as onerous as I expected. I will make a prediction right now that this bill will be ineffective in reducing lunatic mass murder problem and there will be calls for "enhancement" in the not to distant future.

[147Doc]

I've seen this coming. At work we've taken numerous surveys on procedures for arrests and warrants and that article there just shows one flaw in the current system. Personally, he's going in the right direction with this one.

I'm with JSD on that... I cringed when he announced a "plan was coming" and hinted her had gun groups backing... without actually having consulted any.

Hopefully the rest of the plan stays in the 2A safe zone.

[JediSkipdogg]

I'm still suspicious. Although I will admit this is not as onerous as I expected. I will make a prediction right now that this bill will be ineffective in reducing lunatic mass murder problem and there will be calls for "enhancement" in the not to distant future.

I agree it will be ineffective for the most part. I think of all the mass shootings over the past year the only one this would have stopped was the Chicago business shooter earlier this year. I think however this will restrict more people, but those people are technically already restricted, they are just passing the checks because of how flawed they are.

I will say NICS is getting more thorough on their "delays" because they have recently been asking for full police reports to be sent to them on items such as OVIs, Disorderly Conduct, and drug possession. Heck, they even want to know if a theft report is taken was it drugs that were taken or other property. I think they are stretch that "addicted to a controlled substance" pretty darn far. That's one reason I find it funny that minor-misdemeanor weed possession lets you get a CHL, but they are now making it illegal to own a firearm with it on your records (after all, they are charging the Dayton shooters friend with lying on a 4473 for smoking weed.)