The report also noted the following:
"...[I]n a number of these cases, the individual may not be prohibited under Federal law. ... In some cases, the person is prohibited under State law, and thus NICS correctly denied the transaction. In other cases, the computerized records check accurately revealed that an individual was convicted of a felony; however, the database does not reveal that the individual subsequently received a restoration of civil rights under State law. Thus, many of these situations are unavoidable, given the fact that no computerized database will contain all the information necessary in order to make the complex determination as to whether an individual has Federal firearms disabilities."
Treasury’s comments are consistent with what we found during our work at ATF field offices. The following example from Colorado illustrates why some delayed denials do not result in the firearm being retrieved or the purchaser being prosecuted: For a Colorado firearm-purchase transaction, the NICS background check showed a criminal record with a third-degree misdemeanor assault in Colorado. The NICS examiner contacted the county court to determine if the assault involved domestic violence. The examiner was then told the purchaser also had an outstanding warrant for failure to comply with a court-ordered community service sentence. The transaction was denied (after more than 3 business days) on the basis of the outstanding warrant. After receiving the case, the ATF Denver field agent reviewed the NICS case history report and the associated criminal records. The agent then contacted the local court to confirm facts about the misdemeanor assault, which was not related to domestic violence, and, thus, was not a federal disqualifier. The agent further determined, after review of the outstanding warrant, that the purchaser was not a fugitive as defined for NICS purposes, because there was no evidence he had left the state to avoid prosecution or testimony in a court proceeding. Therefore, the ATF agent determined the purchaser was not legally prohibited from purchasing a firearm.