Tennessee's gun background check system hampered by backlog. A new law might change that

State lawmakers have passed a bill that could improve Tennessee’s gun background check process through a universal court filing system.

The push comes as the Tennessee Bureau of Investigation faces a mass backlog of hundreds of thousands of case dispositions not yet linked to people’s criminal records.

That means some prospective gun buyers could potentially have disqualifying charges, but those cases might not show up in the background check system.

TBI oversees the system but it depends on local law enforcement and court clerks to submit timely criminal information, and not everyone uses the same technology. A handful of small agencies were still submitting criminal records via fax or mail.

Lawmakers who backed the bill said a unified court system will help speed up the process of submitting criminal information and improve accuracy.

The bill, which now awaits the governor’s signature, directs the Administrative Office of the Courts to develop a centralized system of case management and filing for all court clerks.

“A unified court system will ensure our judicial system is equipped with the most accurate data available and is the first step toward an instantaneous background check system in Tennessee which will help keep guns out of the hands of felons,” House Speaker Cameron Sexton, R-Crossville, who co-sponsored the bill, said in a statement. “The data will also empower our judges with the tools to make more informed decisions and keep more criminals off our streets.”

Why does TBI have a backlog of case dispositions?

While most states solely use the federal background check system, Tennessee is one of 13 states that conduct their own background checks using state and federal records.

In many instances, a criminal case disposition in the state’s system might not be linked to a person’s record due to reporting errors.

If a court or clerk submits an incomplete disposition that is unable to be linked to a criminal record, the record system will place that disposition in an error file.

The TBI has contracted with a vendor to help clear the error file cases, but the agency in a report last year said the problem will likely continue without better and more thorough submissions.

How big is the backlog?

Last year, the state said it had a backlog of 761,000 cases not linked to criminal histories.

TBI spokesperson Susan Niland said in an email last month the list was down to more than 530,000 cases that still need to be reviewed to determine if the disposition can be linked to a person’s criminal history.

The agency last year was awarded a $3 million federal grant to help with the effort.

What is TBI doing to help improve the background check system?

Last year, in the wake of the Covenant School mass shooting, the governor issued an executive order mandating a 72-hour timeframe for agencies reporting criminal cases to the background check system.

Niland said the executive order has allowed TBI to evaluate areas that impact timely and accurate submissions. The agency has requested additional funding and staffing, including five new positions for its Criminal Justice Information Services Division.

TBI has also requested grant funding for a fingerprint card scanner that allows batches of cards to be scanned at one time, and has worked to educate judges and court clerks across the state on the importance of timely electronic submissions.

“We have seen great success in this transition which is allowing quicker disposition reporting,” she said.

Lt. Gov. Randy McNally, R-Oak Ridge, in a statement said the creation of a unified court reporting system is critical to ensuring public safety. The state in last year’s budget included $75 million to replace the old system.

“Far too often we have seen reports of serious criminals getting released or receiving lighter sentences because prosecutors and judges did not have a full picture of the criminal’s history,” he said. “This will not only ensure prosecutors and judges have the information they need to make informed decisions but also will allow better management of caseloads across the state.”

Vivian Jones contributed to this report

This article originally appeared on Nashville Tennessean: Tennessee has mass backlog affecting gun buyers. Law may change that