By Dave Workman
Editor-in-Chief
In a major disruption to the entire state court computer system in Washington, the State Patrol has been unable to conduct background checks for firearms purchases since Nov. 1, and may not be back online until Monday, Nov. 18, TGM has learned.
In a message from WSP to firearms retailers, spokesman Kevin Baird advised, “the Administrative Office of the Courts (AOC) had some type of network infiltration event that has caused them to shut down everything. This includes their Enterprise Data Repository, which is a key data source for the Secure Automated Firearms E-Check (SAFE) system we use to process all firearm background checks. They are saying to expect the outage to last until next week.
“What this means to you,” Baird continued, “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.”
Already, the Second Amendment Foundation, which is based in Bellevue, Wash., is threatening legal action against WSP for essentially putting the state and federal right to bear arms provisions “on hold.” And the National Shooting Sports Foundation sent a letter to WSP Division Commander
Kateri Candee, “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 letter was signed by NSSF Senior Vice President and General Counsel Larry Keane.
TGM spoke 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.
But that will mean the run rights of millions of law-abiding Evergreen State citizens had been suspended for more than two weeks. SAF founder and Executive Vice President Alan Gottlieb said in a news release Tuesday, “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.”
Dan Mitchell, a prominent gun dealer based in the Vancouver area, told TGM he was first advised of the problem on Nov. 6. He has already reached out to several Republican members of the State House and Senate.
Until a few years ago, Washington gun dealers had been able to utilize the FBI’s National Instant Check System (NICS), but an apparent problem in state law didn’t allow that to continue. So, the state set up its own system.
Loftis said there is no way for the WSP to “work around” the problem because the statute is clear. The statute is RCW 9.41.090, Paragraph 2, which says:
“(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 further notes:
“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.”
While the computer problem may be fixed in the near future, this incident will likely become the catalyst for a change in the background check law when the Legislature convenes in January.
