A bill just introduced before the U.S. Senate would require the destruction of records of qualified gun buyers generated during background checks required by the Brady Handgun Violence Prevention Act.

The bill, S. 906, the Instant Check Gun Tax Repeal and Gun Owner Privacy Act of 2001, sponsored by Sen. Mike Enzi, (R-Wyoming) is intended to protect the privacy of gun buyers who pass the background checks by requiring the immediate destruction of all records produced by the FBI's National Instant Criminal Background Check System (NICS) during the process. 

The FBI currently retains for as long as 90 days Brady Act background check records of all gun buyers, both those who pass the checks and those who do not.

Specifically, Sen. Enzi's bill would prohibit law enforcement agencies or those acting in their behalf from conducting Brady background checks unless the system they are using immediately destroys "all information, in any form whatsoever or through any medium, about such person who is determined, through the use of the system, not to be prohibited ... from receiving a firearm."

The bill would also prohibit the imposition of any fees or taxes in relationship to performing Brady Act gun buyer background checks.

"No officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, may charge or collect any fee in connection with any background check required in connection with the transfer of a firearm..." (S. 906, Section 2)

The Brady background check system drew fire in March 2001, when a team of investigators from the GAO reported that special agents were able to bypass the background checks in five states, successfully using fake IDs to purchase firearms.

Based on their investigation, GAO concluded that in the five states, "the instant background check does not positively identify purchasers of firearms," and that it "cannot ensure that the prospective purchaser is not a felon." [See: Fake ID's Foil Brady Checks - GAO]

Another bill currently before the Senate would require criminal background checks for purchases made at gun shows, flea markets, and other organized events, thus closing what supports consider the "gun show loophole" of the Brady Act.