The FBI released new data revealing that firearms seizure warrants reached their highest levels in 2020 and 2021 since the National Instant Criminal Background Check System (NICS) was put in place in 1998.
According to information released by USA Today, more than 6,300 gun seizure orders were issued in 2020, followed by 5,200 in 2021. These orders are sent to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which is responsible for the seizure of the weapons.
Weapon purchase and possible seizure process
NICS is a background check system for gun purchases that stores data and has been in operation since 1998. It accounts for data including: mental health history checks, military service records, criminal records, among others.
Federal Firearms License (FFL) holders are required to contact the FBI to have a NICS check performed on each prospective purchaser of a new or used firearm. The buyer must fill out a form. That information is shared with the FBI, who investigates any criminal history or other disqualifying factor for the purchase. In turn, the NICS also verifies the information.
If no record is discovered that would disqualify the person from owning a weapon, the authorization is granted. But if the FBI feels that more time is needed to complete the background check, the agency can take up to three business days to complete it. If after those three days no disqualifying factor is discovered, the purchaser is allowed to take possession of the weapon.
However, the FBI can investigate further, and if it discovers anything after the purchaser has the gun in his possession, an order to seize the gun is issued to the ATF called a "delayed denial." The ATF noted that investigations are thorough:
Any delayed denials referred to us from the FBI, especially those resulting in the transfer of a firearm to a person who is prohibited from possessing firearms.
Between 2020 and 2021, the FBI issued more seizure orders for guns sold to people unqualified to own them, hence the record number.
Increase in seizures due to "serious inefficiencies" and the pandemic
Stephen Morris, the former FBI assistant director who oversaw NICS operations, stated that the increase in gun seizure orders from 2020 to 2021 can be explained by the pandemic and staffing shortages:
The first thing you expect when there is a spike in gun sales is that there will be a corresponding increase in delayed denials. The timing clearly suggests that COVID was a factor in this. There was an absence at these offices that play a role in the overall (background check) process. I can't help but believe there was some serious inefficiencies.
