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NICS delaying background checks for 18-20 year olds
Posted: Wed Nov 16, 2022 3:13 pm
by Grayling813
https://nicsezcheckfbi.gov/
As a result of the passage of the Bipartisan Safer Communities Act (BSCA) of 2022, signed into law on June 25, 2022, the NICS Section has been working towards the implementation of an enhanced background check process for persons between the ages of 18-20. The enhancement provides the opportunity for additional outreach and research to be conducted regarding the existence of any juvenile adjudication information and/or mental health prohibition. As a result, transactions on persons between the ages of 18-20 will initially be delayed and the address of the individual will be collected so that the appropriate local and state entities may be contacted. The enhanced process will begin on November 14, 2022, for all transactions on persons under the age of 21 as previously described. Checks on persons under the age of 21 could be extended for a period up to ten business days. Therefore, it is possible for an FFL to be contacted with an updated Brady Transfer Date. As a temporary measure and until the NICS can be updated to provide this information electronically, NICS staff will be calling FFLs to advise of any change in the transfer date. In preparation for calls from NICS, you will be asked to verify your license number and code word. You may wish to have this information readily available for you and your staff.
All descriptive information, including address, will follow normal purge requirements (i.e., deleted from NICS within 24 hours of the FFL receiving a proceed status.) Please note, if no potentially prohibiting information is located, the transaction will be proceeded as soon as possible.
So, exactly how does the FBI get around HIPAA laws to investigate anyone's, much less someone 18-20 years old, medical information?
Re: NICS delaying background checks for 18-20 year olds
Posted: Wed Nov 16, 2022 4:14 pm
by powerboatr
great question
i see a huge lawsuit of violating the HIPPA law.
wouldn't ATF need a warrant signed by a judge to look at you medical records? i am not lawyer but it seems very very fishy
Re: NICS delaying background checks for 18-20 year olds
Posted: Wed Nov 16, 2022 4:43 pm
by tomneal
I am less worried about HIPPA than I am about them building a database of gun owners.
Re: NICS delaying background checks for 18-20 year olds
Posted: Wed Nov 16, 2022 4:59 pm
by carlson1
I was told this week and I believe it that HIPPA wasn’t to keep your medical history private it was actually started so the Government could have access to your medical history.
I know the thousands of times I have been in ER’s they are not quiet while discussing finances and/or medical so all 100 people behind all of the “curtains” hear your business.
Re: NICS delaying background checks for 18-20 year olds
Posted: Wed Nov 16, 2022 9:56 pm
by carlson1
tomneal wrote: Wed Nov 16, 2022 4:43 pm
I am less worried about HIPPA than I am about them building a database of gun owners.
That is exactly what they are doing. I seen a video a few weeks ago from a store that was being audited by ATF. The Agent was taking photos of not just one entry, but the whole page of entry’s. I am sure they took every entry and placed in the data base that already exist.
Re: NICS delaying background checks for 18-20 year olds
Posted: Wed Nov 16, 2022 11:32 pm
by srothstein
carlson1 wrote: Wed Nov 16, 2022 4:59 pm
I was told this week and I believe it that HIPPA wasn’t to keep your medical history private it was actually started so the Government could have access to your medical history.
I believe this is true. There are exceptions written into the HIPPA law that exempt reporting some information to the police. Another exemption also covers when the information is required to be disclosed by another federal law (as in this case).
Two examples of how the feds wrote the law to get access to our medical records are shown in the exact details of these two exemptions. For example, they may disclose some information (such as diagnoses) to the police, but they are not allowed to give them information to identify a missing person or a recovered body - even if it is to confirm the identity to be who they already think it is. Can't help solve crimes or anything like that, but can give the police information for other reasons. They also made sure that HIPPA preempts any state law, but it is secondary to other federal laws. That means that Congress wants to be able to say give us the information we want but we will tell people it is private and you cannot release it.
Re: NICS delaying background checks for 18-20 year olds
Posted: Thu Nov 17, 2022 8:25 am
by Grayling813
I’m glad I posted this, I was unaware that HIPAA has exemptions to allow your privacy to be invaded. I should have known better.
Re: NICS delaying background checks for 18-20 year olds
Posted: Thu Nov 17, 2022 8:34 am
by parabelum
Grayling813 wrote: Wed Nov 16, 2022 3:13 pm
https://nicsezcheckfbi.gov/
As a result of the passage of the Bipartisan Safer Communities Act (BSCA) of 2022, signed into law on June 25, 2022, the NICS Section has been working towards the implementation of an enhanced background check process for persons between the ages of 18-20. The enhancement provides the opportunity for additional outreach and research to be conducted regarding the existence of any juvenile adjudication information and/or mental health prohibition. As a result, transactions on persons between the ages of 18-20 will initially be delayed and the address of the individual will be collected so that the appropriate local and state entities may be contacted. The enhanced process will begin on November 14, 2022, for all transactions on persons under the age of 21 as previously described. Checks on persons under the age of 21 could be extended for a period up to ten business days. Therefore, it is possible for an FFL to be contacted with an updated Brady Transfer Date. As a temporary measure and until the NICS can be updated to provide this information electronically, NICS staff will be calling FFLs to advise of any change in the transfer date. In preparation for calls from NICS, you will be asked to verify your license number and code word. You may wish to have this information readily available for you and your staff.
All descriptive information, including address, will follow normal purge requirements (i.e., deleted from NICS within 24 hours of the FFL receiving a proceed status.) Please note, if no potentially prohibiting information is located, the transaction will be proceeded as soon as possible.
So, exactly how does the FBI get around HIPAA laws to investigate anyone's, much less someone 18-20 years old, medical information?
Probably by invoking [a very broad and rather vague] clause 5 “Public Interest and Benefit Activities” under Section Permitted Uses and Disclosures of the HIPAA Privacy Rule.
https://www.hhs.gov/hipaa/for-professio ... index.html
Re: NICS delaying background checks for 18-20 year olds
Posted: Thu Nov 17, 2022 10:13 am
by puma guy
tomneal wrote: Wed Nov 16, 2022 4:43 pm
I am less worried about HIPPA than I am about them building a database of gun owners.
With complete addresses