Washington State firearms retailers and the National Shooting Sports Foundation are fuming about a shutdown of the State Patrol’s background check computer function because of what was described as “some type of network infiltration event” affecting the state’s entire Administrative Office of the Courts (AOC) system.
This system includes the AOC Enterprise Data Repository, which is the “key data source for the Secure Automated Firearms E-Check (SAFE) system” the Washington State Patrol (WSP) uses to process all firearm background checks. Long story short, the system has been down since Nov. 1-2 and no background checks have been conducted since then.
Ammoland spoke with and traded text messages with WSP Communications Director Chris Loftis, who said the technicians working on the problem are “cautiously optimistic” about a return of the system on Monday, Nov. 18.
Meanwhile, the Second Amendment Foundation is threatening legal action against the WSP, noting in a news release, “State law apparently does not allow WSP to work around this sort of problem, which means that needs to change immediately. As the saying goes, ‘A right delayed is a right denied,’ and the state has denied untold numbers of citizens their right to obtain firearms for almost two weeks. This amounts to a mass deprivation of civil rights under color of law.”
Coincidentally, SAF is based in Bellevue, one of the state’s largest and fastest-growing cities.
In a letter to WSP Division Commander Kateri Candee, NSSF Senior Vice President and General Counsel Larry Keane wrote, “While we acknowledge the critical importance of firearm background checks, it is essential to highlight that the federal National Instant Criminal Background Check System (NICS) is well established and reliable. NICS operates effectively nationwide, ensuring accurate background check verifications and accommodating safe and responsible firearm transactions. Until the SAFE system is restored, we believe the NICS program is a sufficient alternative to maintain both security and access. Additionally, given the multitudes of issues we’ve seen with Washington’s system, we urge the state of Washington to reverse course and permanently utilize NICS for the processing of background checks moving forward.”
The state shifted to its own system a few years ago rather than apparently take actions to continue using the FBI’s NICS system, which had been in use by the state since the creation of the Instant Background Check some 20-plus years ago.
Firearms retailer Dan Mitchell at Sporting Systems in Vancouver told Ammoland News he learned from an attorney the system breakdown is having a much larger impact than just on background checks. The AOC is how lawsuits and other legal documents are filed. Essentially, the state’s judicial system has been locked up by whatever “infiltration” has occurred.
Loftis said retailers and gun buyers “are going to have to be patient.” In an update to firearms dealers, he stated, “We continue to be on hold with any checks submitted from November 1, 2024 onward until AOC brings their systems back online. Once that happens, the backlog of checks will process through as normal. But, until that time, we cannot make any final determinations on any checks.”
The statute to which Loftis refers is RCW 9.41.090, Paragraph 2, which states:
“(2) In determining whether the purchaser is eligible to possess a firearm, the Washington state patrol firearms background check program shall check with the national instant criminal background check system, provided for by the Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), the Washington state patrol electronic database, the health care authority electronic database, the administrative office of the courts, LInX-NW, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.”
RCW 9.41.092 states:
“Except as otherwise provided in this chapter, a licensed dealer may not deliver any firearm to a purchaser or transferee until:
(1) The results of all required background checks are known and the purchaser or transferee (a) is not prohibited from owning or possessing a firearm under federal or state law and (b) does not have a voluntary waiver of firearm rights currently in effect; and
(2) Ten business days have elapsed from the date the licensed dealer requested the background check.”
The ten-day waiting period was adopted two years ago, ostensibly as a “cooling off” period and to allow for an “enhanced background check.” In reality, however, it has also made transactions far more difficult for weekend gun show operations, and it does not appear to have prevented a single violent crime.
SAF founder and Executive Vice President Alan Gottlieb’s response was blunt: “When the system is restored, we expect the WSP to work day and night to expedite background checks already on hold. In the meantime, we are consulting with our attorneys to determine the proper course of action.”
NSSF’s Keane noted in his letter, “Please be aware that the inability to conduct lawful transactions may lead to further action, as we seek to protect the rights of our members and their customers. We urge a swift resolution to these technical issues and stand ready to explore additional measures that should be taken to ensure Washingtonians are not unduly burdened in the future.”
The current law was passed by the Democrat-controlled Legislature in 2023 and signed by Gov. Jay Inslee.
Apparently, the breakdown has not created a problem with law enforcement agencies and their issuance of Concealed Pistol Licenses. Ammoland spoke with one sheriff’s department, which advised that it was required by law to issue a CPL within a certain amount of time, regardless whether the system was functioning. If a CPL had to be revoked, that would happen later.
Exactly what happened to the AOC system has not been explained. What is known is that for at least two weeks, state and federal constitutional protections for gun owners have been put “on hold,” and as Gottlieb stated, “That is simply unacceptable.”
The mere threat of a lawsuit might convince state lawmakers to make whatever changes are necessary to existing law and reconnect with the NICS system.
The fiasco is just another chapter in a continuing saga of restrictive gun control being instituted in a state once known for its fair and reasonable gun laws. Washington is one of the first states to adopt a preemption statute, followed a couple of years later by Florida and other states. Washington was also a pioneer with a “shall issue” concealed carry law, eliminating a local police or sheriff’s department from arbitrarily denying a CPL to any legally qualified citizen. Currently, more than 171,000 active CPLs are in circulation.
There appears little doubt at this point that this system breakdown will become an issue when the Legislature convenes in January.
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