Keep and Bear Arms

AZ Gun Sales Could End August 22

By Alan Korwin, Author
The Arizona Gun Owner's Guide
[email protected]

July 11, 2002

KeepAndBeararms.com -- Unless Arizona's gun dealers can "enroll" with the FBI by August 22, retail gun sales in the state will screech to a halt six weeks from now. On that date DPS closes its office for conducting Brady-law background checks on gun buyers. Retail sales by dealers cannot legally be made without this required service.

The state legislature closed the office by repealing A.R.S. 13-3114, the law that created the Firearms Clearance Center. They characterized their actions as a budget-cutting move, though all employees will be retained in other positions, and the air-conditioned office space inside DPS HQ is not going anywhere.

The center was created to comply with the Brady Handgun law, and was originally called the Handgun Clearance Center. When the Brady handgun law took control over long guns five years later, the name was changed and DPS began checking out every retail sale in the state. The DPS staff would check local records and then the FBI's central "NICS" registry, to get the required transaction number for each sale.

Now, instead of calling the small DPS office to obtain background check approvals for gun sales, dealers will make toll-free calls to federal NICS customer service representatives, huge telephone banks in Pennsylvania and West Virginia, under contract to the FBI. They are open seven days a week, from 8 a.m. to 1 a.m. EST, and closed for Thanksgiving and Christmas.

The call centers already handle 60,000 federally licensed firearms dealers (FFLs), from the states that do not provide the FBI with a "Point of Contact" office such as AZ DPS had provided. At last count, only 18 states provided a buffer between its dealers and the FBI in this manner.

The FBI prefers the POC approach, which transfers some of the burden for implementing the law to local authorities, increases the records available to search, and insulates the Bureau's sensitive data from tens of thousands of gun dealers. The POC plan has received lukewarm reception from the states, with most, and now Arizona, bowing out.

Arizona at last count had 1,289 FFLs, down from more than 6,000, before regulatory changes during the Clinton administration forced 75% of gun dealers out of business nationwide. The authorities have never suggested that the Brady law was only made possible by drastically shrinking the number of dealers, thereby reducing the cost to a manageable $300 million plus expenses.

A spokeswoman for the separate FBI NICS Operations Center, which itself has 500 employees, says the FBI is preparing to send enrollment packets to the state's dealers "shortly," and that the simple registration process should be easily completed before the deadline, when DPS will not conduct checks and dealers would be effectively shut down. The dealers' numbers are on file with BATF, and those lists will be used to coordinate the activity. Dealers will pick their own access codes, from 6 to 10 digits alphanumeric, no obscenities please.

Coming soon, the call operators will be able to forward all customer "delay" responses to FBI agents for clearing up on the spot if possible, a service not currently available. Delays that are unresolved in three business days may proceed. All "deny" responses are sent to BATF and local authorities for followup at those agencies' discretion.

To reach the NICS Operation Center call 1-877-444-6427.

To reach the AZ Firearms Clearance Center while it still exists call 602-256-7559.

At the DPS Concealed Weapons Unit, 602-256-6280, background checks on permit applicants already run directly through the FBI and are unaffected by these changes.

Tucson activist Ken Rineer, in his informative report, sums up the legislation thus:

Arizona Legislature Abolishes the Firearms Clearance Center When HB 2708 was passed and Governor Hull let it go in to effect without signing it on June 4th, 2002, the Firearms Clearance Center became a thing of the past. The legislature repealed A.R.S. 13-3114 in its entirety and directed the Department of Public Safety to notify the U.S. Federal Bureau of Investigation that the State of Arizona would no longer conduct background checks on the purchasers of firearms from federally licensed firearms dealers. According to DPS, the Firearms Clearance Center will no longer accept calls on August 22, 2002. This is not a good thing. <snip>

To get on Ken's FACT-Alert list and get the rest of his important report, send him a note at [email protected], and just tell him you know me (which I'll deny).

Don't feel bad if all this is news to you. Just sign up for our occasional reports at -- http://www.gunlaws.com

Please show this to your favorite gun dealer. They have gotten little or no news of this yet.

Alan Korwin is the author of seven best-selling books on gun law, including the unabridged guide "Gun Laws of America--Every Federal Gun Law on the Books, with Plain English Summaries," and state gun guides for AZ, CA, FL, TX, VA. For some good reading, click Position Papers on our home page. Available for interview.

Contact: Alan Korwin BLOOMFIELD PRESS "We publish the gun laws." 4718 E. Cactus #440 Phoenix, AZ 85032 602-996-4020 Phone 602-494-0679 FAX 1-800-707-4020 Orders http://www.gunlaws.com [email protected]

New: 20th Edition of "The Arizona Gun Owner's Guide" (2002)

Call, write, fax or click for a free catalog.

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Written By:	Alan Korwin
	AZ Gun Sales Could End August 22 By Alan Korwin, Author The Arizona Gun Owner's Guide [email protected] July 11, 2002 KeepAndBeararms.com -- Unless Arizona's gun dealers can "enroll" with the FBI by August 22, retail gun sales in the state will screech to a halt six weeks from now. On that date DPS closes its office for conducting Brady-law background checks on gun buyers. Retail sales by dealers cannot legally be made without this required service. The state legislature closed the office by repealing A.R.S. 13-3114, the law that created the Firearms Clearance Center. They characterized their actions as a budget-cutting move, though all employees will be retained in other positions, and the air-conditioned office space inside DPS HQ is not going anywhere. The center was created to comply with the Brady Handgun law, and was originally called the Handgun Clearance Center. When the Brady handgun law took control over long guns five years later, the name was changed and DPS began checking out every retail sale in the state. The DPS staff would check local records and then the FBI's central "NICS" registry, to get the required transaction number for each sale. Now, instead of calling the small DPS office to obtain background check approvals for gun sales, dealers will make toll-free calls to federal NICS customer service representatives, huge telephone banks in Pennsylvania and West Virginia, under contract to the FBI. They are open seven days a week, from 8 a.m. to 1 a.m. EST, and closed for Thanksgiving and Christmas. The call centers already handle 60,000 federally licensed firearms dealers (FFLs), from the states that do not provide the FBI with a "Point of Contact" office such as AZ DPS had provided. At last count, only 18 states provided a buffer between its dealers and the FBI in this manner. The FBI prefers the POC approach, which transfers some of the burden for implementing the law to local authorities, increases the records available to search, and insulates the Bureau's sensitive data from tens of thousands of gun dealers. The POC plan has received lukewarm reception from the states, with most, and now Arizona, bowing out. Arizona at last count had 1,289 FFLs, down from more than 6,000, before regulatory changes during the Clinton administration forced 75% of gun dealers out of business nationwide. The authorities have never suggested that the Brady law was only made possible by drastically shrinking the number of dealers, thereby reducing the cost to a manageable $300 million plus expenses. A spokeswoman for the separate FBI NICS Operations Center, which itself has 500 employees, says the FBI is preparing to send enrollment packets to the state's dealers "shortly," and that the simple registration process should be easily completed before the deadline, when DPS will not conduct checks and dealers would be effectively shut down. The dealers' numbers are on file with BATF, and those lists will be used to coordinate the activity. Dealers will pick their own access codes, from 6 to 10 digits alphanumeric, no obscenities please. Coming soon, the call operators will be able to forward all customer "delay" responses to FBI agents for clearing up on the spot if possible, a service not currently available. Delays that are unresolved in three business days may proceed. All "deny" responses are sent to BATF and local authorities for followup at those agencies' discretion. To reach the NICS Operation Center call 1-877-444-6427. To reach the AZ Firearms Clearance Center while it still exists call 602-256-7559. At the DPS Concealed Weapons Unit, 602-256-6280, background checks on permit applicants already run directly through the FBI and are unaffected by these changes. Tucson activist Ken Rineer, in his informative report, sums up the legislation thus: Arizona Legislature Abolishes the Firearms Clearance Center When HB 2708 was passed and Governor Hull let it go in to effect without signing it on June 4th, 2002, the Firearms Clearance Center became a thing of the past. The legislature repealed A.R.S. 13-3114 in its entirety and directed the Department of Public Safety to notify the U.S. Federal Bureau of Investigation that the State of Arizona would no longer conduct background checks on the purchasers of firearms from federally licensed firearms dealers. According to DPS, the Firearms Clearance Center will no longer accept calls on August 22, 2002. This is not a good thing. <snip> To get on Ken's FACT-Alert list and get the rest of his important report, send him a note at [email protected], and just tell him you know me (which I'll deny). Don't feel bad if all this is news to you. Just sign up for our occasional reports at -- http://www.gunlaws.com Please show this to your favorite gun dealer. They have gotten little or no news of this yet. Alan Korwin is the author of seven best-selling books on gun law, including the unabridged guide "Gun Laws of America--Every Federal Gun Law on the Books, with Plain English Summaries," and state gun guides for AZ, CA, FL, TX, VA. For some good reading, click Position Papers on our home page. Available for interview. Contact: Alan Korwin BLOOMFIELD PRESS "We publish the gun laws." 4718 E. Cactus #440 Phoenix, AZ 85032 602-996-4020 Phone 602-494-0679 FAX 1-800-707-4020 Orders http://www.gunlaws.com [email protected] New: 20th Edition of "The Arizona Gun Owner's Guide" (2002) Call, write, fax or click for a free catalog.