State aims for rapid-fire gun background checks

RICHMOND

An attempt to chip away at Virginia's background-check system for gun buyers failed in this year's General Assembly session, but lawmakers are looking to increase spending to make that system move more quickly.

Many gun-rights advocates complain that the once-rapid checks now move so slowly during peak times that they can halt legal gun transactions, costing dealers sales and the state tax revenue. They want to scrap the state checks in favor of a federal system.

The Virginia checks, carried out by the State Police, consider information that the federal checks do not, including certain juvenile criminal records and protective orders. Gun-control supporters argue the state system does a better job helping authorities apprehend people who illegally attempt to purchase firearms.

Lawmakers have proposed boosting funding for the program in hopes of speeding up the background-check process.

Any delays in processing checks, State Police officials said, are because of a growth in applications as the number of staffers assigned to perform the checks has decreased. Last year, the staff ran more than 321,000 checks - an average of more than 800 a day, the most in the program's 22-year history.

They're hopeful more money will help.

Over two years, the House budget has $400,000 to support the Virginia State Police background-check program, and the Senate budget has $800,000. The program is now funded with purchaser-paid $2 fees that don't fully sustain the operation. Additional money could enable State Police to fill some vacancies and process checks more quickly.

Gov. Bob McDonnell is among those who favor ending the state system if Virginia's laws can be integrated into the federal check system, but he acknowledges gaps exist between the state and federal programs.

Both systems screen would-be buyers for criminal history, illegal presence in the country, drug offenses, dishonorable military discharge, mental health adjudications and protective orders against them. But Virginia has unique standards for protective orders, disqualifications because of drug offenses and juvenile convictions, as well as mental health-related prohibitions added after the 2007 Virginia Tech massacre.

Del. John Cosgrove, a Chesapeake Republican, submitted legislation backed by the National Rifle Association to shift shotgun and rifle checks exclusively to the federal National Instant Criminal Background Check System. Currently, firearms purchases are run though state and federal checks.

Cosgrove's bill also would have required Virginia to share with the feds some criminal history information that's currently only in the state system.

Another defender of the current system is pro-gun Republican Del. Scott Lingamfelter, chairman of the House Militia, Police and Public Safety Committee, where Cosgrove's bill stalled.

He favors changing the state system so "it truly is more of an instant check than the sort of long-line waiting" some purchasers have experienced.

Doing that, said Lingamfelter, R-Prince William County, is "going to scratch a lot of itches among licensed firearms dealers that are lawful, good Americans out there that are doing their work."

Still, critics remain skeptical that State Police will resolve the delays.

"Is it on life support? Yeah," Cosgrove said bluntly. "Is the State Police going to be able to fix this? I'm not sure."

Julian Walker, 804-697-1564, julian.walker@pilotonline.com