So what is the first vote the ABA House of Delegates takes? A “a resolution urging the expansion of the National Criminal Instant Background Check System (NICS)”

August 8th, 2011

From the ABA Journal:

In the first vote of the day, the ABA House of Delegates approved a resolution urging the expansion of the National Criminal Instant Background Check System (NICS) to “ensure its completeness and accuracy through all appropriate measures, so that all persons properly categorized as prohibited from firearm ownership under U.S. law are included in the system.”

“At its mark, this resolution calls on all government entities to ensure that the NICS system is as complete and accurate as possible,” said Gregory S. Smith, president of the Bar Association of the District of Columbia. . . .

[U]nder Resolution 10A (PDF), the ABA “urges the United States Department of Justice to immediately rescind its memorandum that advises other federal agencies that they need not report to the Federal Bureau of Investigation (FBI), for inclusion in the NICS system, persons who fail voluntary drug tests, including applicants to the military who are rejected for military service because they have been deemed to be drug abusers.”

Someone who fails a drug test should be prevented from owning a firearm for 5 years?

That the American Bar Association urges the United States Department of Justice, and its Bureau of Alcohol, Tobacco, Firearms and Explosives, to revise existing policy to extend to  up to five years the time period that drug abusers and addicts should remain on the NICS prohibited list;

Not even a conviction of a drug crime is required? This is absurd. So much for due process and the rule of law, ABA.

It seems that in something of a compromise position, the ABA added a resolution to support “the rights of persons who are listed in the NICS system to administratively challenge and seek judicial review of any such listing.”  I’m not too impressed here. If the do-not-fly list is any indication, getting your name out of government databases is nearly impossible.

This is keeping with their amicus filed in Heller. This is also why I am not an ABA member.