--~- - -----------~ U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Identifying Persolls, Other Than Felons, Ineligible tOI Purch,ase Firearms: A FeasibilitJT Study n May 1990 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Identifying Persons, Other Than Felons, Ineligible to Purchase Firearms: A Feasibility Study May 1990 123050 U.S. Department of Justice National Institute of Justice This document has been reproduced exa(;Uy as received from the person or organization originating it. Points of view or opinionG stated in this document are those of the ,,-u!h()rs and do not necessarily represent the official position ~~ poliCies of the National Institute of Justice. Permission to reproduce this e"" . 1 L"i material has been granted by Public Domain/OJP/BJS U.S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the~ owner. James M. Tien, Ph.D. Thomas F. Rich ENFORTH Corporation Copyright © May 1990 ENFORTH Corporation Cambridge, Massachusetts NCJ-1230S0 Report of work perfonned under BJS Contract No. OIP-89-C-006, awarded to ENFORTH Corporation, 432 Columbia Street, Cambridge, Massachusetts 02141. Contents of this document do not necessarily reflect the views or policies of the Office of Justice Programs' Bureau of Justice Statistics or the U.S. Department of Justice. The Gun Control Act of 1968 (18 U.S.C. 922(g» states that "it shall be unlawful for any person: 1. who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; 2. who is a fugitive from justice; 3. [who] is an unlawful user of or addicted to any controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802»; 4. who has been adjudicated as a mental defective or who has been committed to a mental institution; 5. who, being an alien, is illegally or unlawfully in the United States; 6. who has been discharged from the Armed Forces under dishonorable conditions; or 7. who, having been a citizen of t.he United States, has renounced his citizenship, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." Foreword The Attorney General, ill consultation with the Secretary of the Treasury and others, was required by Congress to develop a system for the immediate and accurate identification of felons attempting to purcbase firearms which, under Federal law, most felons are ineligible to do. Pursuant to this congressional mandate [§6213(a) of the Anti­ Drug Abuse Act of 1988 (the Act), 102 Stat 4360], the Attorney General appointed a Task Force on Felon Identification in Firealm Sales. After a thorough inquiry and analysis, the Task Force published its Report to the Attorney General on Systems for Identifying Felons Who Attempt to Purchase Firearms in the Federal Register on 25 October 1989. Subsequently, as required in §6213(b) of the Act, the Attorney General reported these findings to Congress and made four compre­ hensive recommendations on the issue of felon identification. Section 6213(c) of the Act provides the next stage of this process. The Attorney General, again in consultation with the Secretary of the Treasury and others, is required to conduct a study to determine if an effective method exists for tht~ immediate and accurate identification of other persons who attempt to purchase firearms but are ineligible to do so because they fall into other ineligible categories created by the Gun Control Act of 1968 [18 U.S.C. 922(g)]. As with the felon identification project, the Attorney General called upon the Office of Justice Programs and its Bureau of Justice Statistics (BJS) to oversee this project. BJS selected the ENFORTII Corporation to conduct the necessary research which has been compiled in this report, Identifying Persons, Other Than Felons, Ineligible to Purchase Firearms: A Feasibility Study. This Study is, indeed, a feasibility study. It does not directly address such issues as the development or implementation of systems, nor does it discuss, other than very roughly, estimates of costs involved. Unlike the earlier report on identifying felons attempting to purchase firearms, where the Attorney General was directed to "develop a system for immediate and accurate identification," here he was directed only to "conduct a study." Nonetheless, the two studies are complementary in that they both address the issue of how to identify persons ineligible to purchase firearms. In addition to a felon or fugitive [18 U.S.C. §922(g)(1) and (2)], a person is ineligible to possess or receive a firearm in interstate commerce who: (3) is an unlavvful user of or addicted to a.t'1Y controlled substance; iii {4) has been adjudicated as a mental defective or who has !been committed to a mental institution; I IcS) being an alien, is illegally or unlawfully in the United States; (6) has been discharged from the Armed Forces under dishonorable conditions; or (7) having been a citizen of the United States, has renounced his or ber citizenship. In addition, it is unlawful for anyone to sell or dispose of a firearm to a person in these ineligible categories. Even the casual reader of the two studies will immediately note that two quite different sets of circumstances are involved. In the felon identification study, the Federal Government as well as the governments of the States, have developed over the years extensive sets of records of persons within the ineligible felon class and indeed are expected to have this data and, generally, to have them readily retrievable. That, of course, is not true with most of the categories of ineligible persons in the second study. While it probably comes as no particular surprise that a governmental agency has virtually a complete set of data, fully automated at that, of those in the renunciate category, most people would be surprised, many even offended, if a similar agency were to have a complete set of da.ta for those who are users of controlled substances or who are or ever had been adjudi­ cated a mental defective or committed to a mental institution. In fact, it is a violation of Federal law to disclose the medical records of persons who have been engaged in a drug rehabilitation program funded by the Federal Government. Medical record disclo­ sure is also prohibited by many State laws. Additionally, for example, the Departments of State and Defense interpret the Federal Privacy Act to prohibit the routine dissemination of data about individuals in the renunciate and dishonorably discharged categories. These are just a few illustrations of the challenges of placing into operation a system or systems to identify those in the non-felon categories of persons ineligible to purchase firearms. If a comprehen­ sive verification system for identifying these persons is to be put into pI , bro . ive package and necessary financial resources 1 be Richard B. Abell Assistant Attorney General Office of Justice Programs U. S. Department of Justice iv Preface Section 6213(a) of the Anti-Drug Abuse Act of 1988 (Public Law 100-690) requires the Attorney General to "develop a system for [the] immediate and accurate identification of felons who attempt to purchase one or more firearms but are ineligible to purchase firearms by reason of section 922(g)(1) of title 18, United States Code." To comply with this provision, the Attorney General convened a task force, chaired by the Assistant Attorney General, Office of Justice Programs, and with representatives from the Bureau of Alcohol, Tobacco and Firearms, the Bureau of Justice Assistance, the Bureau of Justice Statistics (BJS), the Federal Bureau of Investigation, the Immigration and Naturalization Service, the National Institute of Justice, and the U.S. Marshals Service. The task force was charged with developing alternative methods of identifying felons who attempt to purchase firearms. On June 26, 1989, the task force -issued a draft report on systems for identifying felons. A public review period followed, with comments received through the following September 6th. The final report was issued on October 22, 1989 and transmitted by the Attorney General to Congress on November 20, 1989. Section 6213 also requires the Attorney General, in consultation with the Secretary of the Treasury, to "conduct a study to determine if an effective method [exists] for [the] immediate and accurate identification of other persons who attempt to purchase one or more firearms but are ineligible to purchase firearms by reason of Section 922(g) of title 18, United States Code." This inclu(k~$ any person who: • is an unlawful user of or addicted to any controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802»; • has been adjudicated as a mental defective or has been committed to a mental institution; • being an alien, is illegally or unlawfully in the United States; o has been discharged from the Armed Forces under dishonorable conditions; • or having been a citizen of the United States, has renounced his citizenship. v For this study, the BJS, acting on behalf of the Attorney General, decided to seek the assistance of an outside contractor. The BJS subsequently selected ENFORTH Corporation to conduct the necessary research on methods for identifying ineligible persons. Work began on July 11, 1989. The results of this research are contained in this report; it should be viewed as an addendum to the former felon system study -- in particular, it is assumed that the reader has read the felon system report.