A letter sent last Friday by this correspondent to House Committee on Oversight and Accountability Chairman Rep. James Comer asks the committee to have Attorney General Merrick Garland and Federal Bureau of Investigation Director Christopher Wray explain where the FBI is delegated the authority to allow the National Instant Background Check System (NICS) to be used to process New York State ammunition transfers.
The inquiry is being made because the FBI’s “Firearms Checks (NICS)” page, the DOJ’s NICS rules for FFLs and POCs (Point of Contact states), “Public Law 110–180, An Act To improve the National Instant Criminal Background Check System”, and the “Fix NICS Act” address firearm transfers. There is no mention of “ammunition.”
Can NICS be used for purposes for which it is not federally authorized?
To find out, I submitted a Freedom of Information Act (FOIA) request to the FBI in March for documents and records to clarify authority and determine decision-making (and decision-makers) authorizing the use of NICS for New York State ammunition background checks.
In June, instead of producing what was asked for, the FBI returned copies of two nonresponsive Code of Federal Regulations (CFR) sections anyone can pull off the internet. Neither even remotely address the scope of the request.
“It’s clear that the FBI has no intention of responding, which makes fair another question,” I observed. “Why?”
Click the link to read the whole article: House Asked to Determine FBI/NICS Authority
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