NASHVILLE, Tenn. (WTVF) — Before you can ever pull the trigger on a new gun purchase, you have to pass an instant background check. In Tennessee, the problem has become it's not always up-to-date and accurate.
Unlike most other states, Tennessee doesn't rely fully on the federal instant background check for firearm purchases. They have their own system. But the system is only as good as the information it receives, and the counties send in that information in all sorts of ways. Most do it electronically, but there are evidently still some counties that put information in the mail or via fax.
"The law is 20 years behind technology," said NewsChannel 5 Legal Analyst Nick Leonardo.
Leonardo said all of those various methods of reporting have caused a backlog in the state being able to update the latest case information.
"I believe the TBI has stated that they are still reviewing about half a million records behind," he said.
As a result, that can allow some individuals to get approval to purchase a gun when they actually shouldn't.
"The quicker the court system can share information amongst different jurisdictions, the safer we really all are," said Leonardo.
Josh DeVine, a spokesperson for the TBI, acknowledges that missing case information that includes the final outcome of a court case, has been an ongoing issue. "We have been contracting with a vendor to evaluate these dispositions, and if possible, match them to an arrest," wrote DeVine in a statement.
DeVine says missing case information could be related to felony convictions, domestic violence and other charges that could impact gun purchases. "However, our approval rate is consistently over 90% every month. We do not approve transactions if there's a question about a disposition on a disqualifying arrest," said DeVine.
That's why the legislature passed a law this year to require the Tennessee Administrative Office of the Courts to create a unified digital system that every county uses.
"Having real time information when it comes to background checks is very important and it’s just going to help a whole lot of individuals," said Leonardo.
No instant fix
But it won't exactly be an instant fix.
The court system still has to create the system, then train counties on how to use it and make sure they have the proper equipment.
"There’s probably going to be a need for infrastructure, new computers," explained Leonardo. "It’s going to be costly for some of the smaller counties, and it’s hard to teach an old dog new tricks."
But Leonardo is grateful, at least in this scenario, that the state is ready to pull the trigger. "I think everyone would welcome the most real and up to date information," he said.
TBI officials think this will be a step in the right direction. "Still, it is very important to note that the unified court system will not eliminate the fact that the TBI will still depend on other states keeping their records up-to-date since the background checks are nationwide, which many people fail to realize."
Why doesn't Tennessee use the federal system?
Tennessee is one of 13 states that doesn't rely solely on the federal background check system. So, why is that?
Leonardo says sometimes the federal system isn't totally reliable either and doesn't have a record of lower-level crimes that could impact gun access.
"Tennessee has said maybe we can do this better by using the federal and the TBI," said Leonardo.
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