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Background Checks Resume

Published Wednesday, March 4, 1998 in the Gurdon Times

MIKE ROSS

State Senator

Arkansas law enforcement agencies have resumed conducting background checks on purchasers of handguns in an effort to prevent gun dealers from selling to convicted felons, people with a history of mental illness, drug abusers and illegal aliens.

The background checks are part of a federal law, known as the Brady Bill, that also requires potential gun buyers to wait five days before taking possession of a handgun.

The background checks in Arkansas had been suspended last summer as a result of a United States Supreme Court ruling. The court said that the federal government could not mandate that state and local law enforcement agencies conduct the background checks. Law enforcement agencies in other states continued the checks voluntarily, but Arkansas officials did not continue them, because of legal questions.

In January of this year, the state Attorney General's office took steps to resume the background checks. The Arkansas State Police and the Arkansas Crime Information Center are working with the Attorney General in conducting the checks and notifying licensed gun dealers if a potential buyer has a criminal record that would prohibit him or her from buying a handgun under the provisions of the Brady Bill.

One lingering legal questions is how long the state agencies will continue conducting the background checks. A national system of instant checks, administered by federal authorities, is scheduled to begin in November. However, if there are delays in implementing the national system and the federal government is not ready to conduct instant checks by November, it is unclear how long the state will continue doing them.

Last summer's Supreme Court ruling addressed questions about the 10th Amendment to the U.S. Constitution, which delineates the respective powers of the federal and state governments. The court ruled that Congress and the federal government cannot force state officials to carry out federal policies.

A U.S. Supreme Court justice said that the Constitution protects states from federal intrusions into their authority, and that the court's duty was to maintain a proper balance of power between the states and the federal government.

Great Arkansas Treasure Hunt

The state auditor's office has begun the annual Great Arkansas Treasure Hunt to try to locate 1,700 people who own about $1.4 million in unclaimed assets.

The assets include stock certificates, cash, jewelry and items left in safety deposit boxes. Some of the more unusual items this year include a United States flag, gold and silver coins and an urn containing the ashes of someone who has been dead a long time.

One asset left unclaimed is worth $50,632. There are 21 people who have failed to claim assets worth more than $10,000 each.

The auditor has published the names of the owners in newspapers around the state. Also, their names can be found on two Internet sites. They are http://www.state.ar.us and http:intersurf.com/~naupa/ar.htm

If your name is listed as the owner of unclaimed assets, you can call 1-800-Claim-It to request a claim form.

Last year the state returned $1,587,440 to 4,085 people. Since 1979 the state has returned $6.6 million in previously unclaimed property to the owners. The auditor plans to have another Great Treasurer Hunt in the fall.


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