How gun show was shut down

Despite a turnout of "record numbers" of people at the Crossroads Gun
Show in Phoenix, Ariz., not one gun dealer sold a single firearm.

That's because earlier in the day on Sunday, July 11, the Federal
Bureau of Investigation turned off its instant background database
system for, according to a source who spoke with FBI officials, "routine
maintenance." As a result, dealers were not able to perform the
required background checks on potential customers and, hence, could not
sell any guns.

"In what seemed like an arbitrary and capricious attack on U.S.
commerce, the FBI, without warning, closed gun shows and the firearms
business in general," said http://www.gunlaws.com">Alan Korwin,
noted gun law expert and an opponent of the FBI's background check
system, who attended the Phoenix event. Korwin is the author of "Gun
Laws of America," a reference almanac that lists every state and federal
law pertaining to firearms in the country.

The move sparked widespread anger and resentment from local Phoenix
firearm dealers and patrons alike, as well as charges of an anti-gun
conspiracy by the federal government.

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Though Korwin admitted the move was dubious, he told WorldNetDaily
there was "absolutely no evidence" that the FBI "maliciously" turned off
NICS "for the sole purpose of thwarting national gun sales."

However, he said, "Did the FBI know such a move would thwart gun
sales? Of course they had to know that because they're not stupid. I'm
just saying I don't know if the move was malicious or conspiratorial."

The system, which is known as the National Instant (Background) Check
System, or NICS, is a result of the Brady Law, which mandated such a
system by Nov. 30, 1998. Specifically, it is a computer database
located in Clarksburg, W.Va., and is used to "check available records on
persons who are disqualified from receiving firearms."

Clinton administration advocates have touted the system as a
legitimate crime-fighting tool. Critics of the system, however, claim
that NICS is a waste of taxpayer money and violates Second Amendment
restrictions on the "infringement" of the right to keep and bear -- and
purchase -- firearms.

At the Phoenix event, Korwin said that although licensed dealers were
unable to sell firearms, private transactions between individuals
occurred. "And as you know," he added, "there currently is a move to
close that so-called loophole in the law as well." President Clinton,
Vice President Al Gore and a number of Republican lawmakers have
recently said they will seek legislation mandating that all firearms
transactions -- including those at gun shows -- also be subjected to a
NICS check.

Korwin said the most frustrating aspect of the July 11 incident was
that gun dealers "had no prior knowledge" that the system would be shut
down.

"That was quite a surprise" to dealers, he said.

But he added, "I don't think any attention was paid, that I'm aware
of, that this action could put people out of business by stopping
commerce. It was government regulation of free enterprise in a way that
had never been done."

According to the FBI's own "fact sheet"
on the NICS system, "In
accordance with the Brady Act, the NICS shall allow Federal Firearms
Licensees ... to contact the system by telephone or by other electronic
means in addition to the telephone, for information, to be supplied
immediately." If the gun buyer has no disqualifying criminal record, the
transaction is approved and a "NICS transaction number" (NTN) is
assigned to the purchase.

"If the FBI determines that disqualifying information exists on the
prospective purchaser," the rules state, "the Federal Firearms Licensee
(FFL) will be advised that the transfer may not proceed and will be
given an NTN to record on the ATF Form 4473 and retain the form for
auditing purposes."

States can also decide if they want FFLs to contact a state agency
for sales approval instead of the federal government.

Korwin said that in the event the NICS system is down for any reason,
the Brady law "only requires its use if it is up and running." He said
gun dealers may sell guns without a background check if the system is
down, "but dealers don't do that because they are terrified of reprisals
by the Bureau of Alcohol, Tobacco and Firearms" -- the agency primarily
responsible for regulating firearms sales.

He also said the NICS system "has been temporarily down before, but
never for a full day."

"I've asked them for information on their down time," he said, "but
so far I haven't gotten any." Typically, he said, the system "glitches"
from time to time, which does not suggest any duplicity on the part of
the FBI. On the other hand, he added, when the system is down it is
costly for gun dealers.

"There are some 23,000 guns sold daily in this country, so you can
imagine the economic impact" of repeated system glitches or prolonged
down time, Korwin said.

He also said the Arizona show promoter, Bob Templeton, "spoke with
the FBI (on the day of the Phoenix show) and Templeton told me the FBI
had shut off the NICS system for the day."

Templeton could not be reached for comment. Also, an attempt was made
by WorldNetDaily to fax a list of questions to the FBI facility in West
Virginia, per the agency's request, without success.

Korwin questioned the necessity of the NICS system on the whole, and
said the weekend shut down illustrates why it is important to prevent
the government from overregulating the firearms industry.