System Problem Has Shut Down Background Checks and Gun Sales in Washington State Since November 1

System Failure screen computer
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The various states handle background checks for firearm purchases in different ways. In most states, retailers go directly to the FBI’s National Instant Criminal Background Check (NICS) system to run background checks and obtain approvals for sales and transfers. Some states sidestep NICS and handle the background checks themselves. In Washington State’s system is called Secure Automated Firearms E-Check (SAFE) is handled through something called the Administrative Office of the Courts (AOC) using the state’s central Enterprise Data Repository.

Last week, however, it was discovered that the AOC system had somehow been compromised. The state isn’t saying much about how that happened or who may be responsible. As a result, however, the dedicated public employees who run the AOC’s system have shut it down until they can figure out what happened and how to fix it. That includes the SAFE background check system.

As the Seattle Times reports . . .

Washington state courts’ online systems were down Monday after officials said they detected “unauthorized activity” on the electronic network. 

The state courts’ administrative office is working to restore the systems and determine how the network has been impacted, said Wendy Ferrell, associate director for the state Administrative Office of the Courts. 

In an email Monday, Ferrell said she could not provide details about the outage “for security reasons,” but said state court officials “have no reason to believe that was a targeted attack.” 

“In an abundance of caution, we proactively took down our systems to secure them and are working around the clock with leading experts to restore services as quickly as possible,” Ferrell said. 

Yes, well, the AOC’s system is still down as of today. While some hearings and court dates have been postponed as a result, another significant effect of the outage — one that the Seattle Times doesn’t mention — is that it’s preventing any sales or transfers of firearms in the state. You read that correctly…there have been no legal firearm sales in the state of Washington since November 1.

Last Wednesday, a letter went out to the state’s firearm retailers from Kevin L. Baird of the State Patrol. He’s Assistant Commander of the Firearms Background Division. As the letter said . . .

As some of you may be aware, 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 through the end of the week.

What this means to you:  We are effectively 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 determinations on any checks.  We are currently working through as many pre-November 1 checks as possible, but even those are likely to be delayed due to another AOC system that we check also being down.   We will do our best to get as many checks completed before their 10-business day wait period is met (to prevent unnecessary delays to your customers), but there may be some that we are not able to proceed/deny for a few days afterwards.

He also added this . . .

As a reminder, RCW 9.41.090 changed on January 1, 2024, and requires an FFL to wait until “…notified by the Washington state patrol firearms background check program that the purchaser is eligible to possess a firearm under state and federal law;’

In states where gun sellers go directly to the NICS system, if they son’t receive a response within three business days, they can choose to deliver the firearm to the buyer without getting a response. Washington State law, however, prohibits that. As long as the system is down, no one can legally purchase or transfer a firearm in the state.

The National Shooting Sports Foundation’s SVP and General Counsel, Larry Keane, sent a letter today to Kateri Candee, the head of the Firearms Background Division. He asked that the state use the FBI’s much faster and more reliable NICS system, if not permanently, then at least until the state can get its system up and running again.

In the mean time, the state’s system problem is hurting small businesses (gun stores) across the state and depriving Washingtonians of their Second Amendment rights.

Keane wrote . . .

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.

Also . . .

Please be aware that the inability to conduct lawful transactions may lead to further action, as we seek to protect the rights of our members and their customers. We urge a swift resolution to these technical issues and stand ready to explore additional measures that should be taken to ensure Washingtonians are not unduly burdened in the future.

So far, the NSSF hasn’t received a response yet. In the mean time, no guns are being sold and civil rights are being violated. Stay tuned for updates as the State of Washington attempts to get its technological act together. Stay tuned.

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4 thoughts on “System Problem Has Shut Down Background Checks and Gun Sales in Washington State Since November 1”

  1. the leaking word is this “somehow been compromised”, that “somehow” was a few left wingers. But lets see what happens.