Can you point to US code that shows that states are POC solely at the discression of the feds?
State POCs exist as provided for in the CFRs which can be changed without congress. Just like ATF is now attempting to change the definition of a frame or receiver.
https://www.law.cornell.edu/cfr/text/28/25.2
POC (Point of Contact) means a state or local law enforcement agency serving as an intermediary between an FFL and the federal databases checked by the NICS. A POC will receive NICS background check requests from FFLs, check state or local record systems, perform NICS inquiries, determine whether matching records provide information demonstrating that an individual is disqualified from possessing a firearm under Federal or state law, and respond to FFLs with the results of a NICS background check. A POC will be an agency with express or implied authority to perform POC duties pursuant to state statute, regulation, or executive order.
and:
https://www.law.cornell.edu/cfr/text/28/25.6
(d) Access to the NICS through POCs. In states where a POC is designated to process background checks for the NICS, FFLs will contact the POC to initiate a NICS background check. Both ATF and the POC will notify FFLs in the POC's state of the means by which FFLs can contact the POC. The NICS will provide POCs with electronic access to the system virtually 24 hours each day through the NCIC communication network. Upon receiving a request for a background check from an FFL, a POC will:
(1) Verify the eligibility of the FFL either by verification of the FFL number or an alternative POC-verification system;
(2) Enter a purpose code indicating that the query of the system is for the purpose of performing a NICS background check in connection with the transfer of a firearm; and (3) Transmit the request for a background check via the NCIC interface to the NICS.
and with emphasis:
(e) Upon receiving a request for a NICS background check, POCs may also conduct a search of available files in state and local law enforcement and other relevant record systems, and may provide a unique State-Assigned Transaction Number (STN) to a valid inquiry for a background check.
Meaning a state can do a more extensive check which is exactly what the NH State police were doing and what Rep. Gathright (an anti gun democrat) wrote about in the house calendar when she advocated killing SB 141:
http://gencourt.state.nh.us/house/caljourns/calendars/2021/HC_26.pdf
SB 141-FN, relative to the procedure for conducting firearm background checks. MAJORITY: INEXPEDIENT TO LEGISLATE. MINORITY: OUGHT TO PASS.
Rep. Linda Harriott-Gathright for the Majority of Criminal Justice and Public Safety. This bill seeks to allow the FBI to conduct all National Instant Criminal Background Check System (“NICS”) searches concerning the purchase, sale, and transfer of firearms through Federal Firearm Licensed Dealers operating in the State of New Hampshire. This bill effectively repeals the state’s partial point of contact system for handguns, called the “gun line” allowing the authority to remain exclusively with the FBI. It also authorizes county sheriffs to conduct NICS background searches for the purpose of approving or denying the return of firearms to individuals who are subject to a protective order for domestic violence or stalking. We heard testimony from gun line users of past delays to access the system, however the calling system has been updated and appears to be working. More importantly we heard testimony from a lawyer, several dealers, and users of the valuable usage of the gun line. The gun line was able to resolve false issues in the NICS system. Specifically, the gun line gave clear directions, in the form of a letter, on how to resolve the issues, however, when issues occur while using NICS, they are non-specific about how to resolve the issues, resulting in additional costs to the buyer and additional delays. The
New Hampshire gun line is an additional check beyond the NICS System, and we prefer to continue the extra measure of security check that the gun line provides. Vote 15-6.
Look at the sponsor list of SB 141 as well as the roll call votes and then try to convince us all here that it is anti gun.
You just can't let his go.... you are living in a world of dreams if you think that the state of NH can approve a sale that NICS denies. NICS is the final arbiter. And again, let me repeat, this is a 20 year old system that has never worked efficiently. If it is as good as you say it is how come no one ever pushed to have NH do the checks on rifle and shotgun sales? I'll answer my own question: The system is flawed and had they tried that there would have been a huge outcry of objectors.