National Instant Criminal Background Check System Checks
The National Instant Criminal Background Check System (NICS) is a computerized system designed to immediately determine if a person is disqualified or not from receiving or possessing firearms by conducting a search of available records.
Brady Act Requirements
Mandated by the Brady Handgun Violence Prevention Act of 1993 (Brady Act), Public Law 103-159, the NICS was established to identify whether an individual whose possession of a firearm would violate Section 922 (g) or (n) of Title 18, the United States Code (U.S.C.) or state law. Through a cooperative effort with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Department of Justice; and local and state law enforcement agencies, the FBI developed the NICS which was implemented on November 30, 1998.
How to Access the NICS
Federal Firearms Licensees (FFLs) contact the NICS, via the telephone or other electronic means (e.g., the NICS E-Check electronic access via the Internet), either through the FBI Criminal Justice Information Services Division’s NICS Section or a designated state point of contact (POC) to initiate NICS background checks. Depending on the state in which the FFL is conducting business, one of the following three methods is used:
- In the states that have designated a POC for NICS background checks, the FFLs contact the state POC for all firearm transfers.
- Some states have POCs that use the NICS and their own state databases to handle handgun transfers only. In these states, the FFLs must contact the NICS Section for long gun transfers.
- In the remaining non-POC states and territories, the FFLs contact the NICS Section directly for all firearm transfers.
How the NICS Works
Linking with the National Crime Information Center (NCIC) and the Interstate Identification Index (III), the NICS provides information on a person’s eligibility for receiving or possessing a firearm. The system also contains an index (the NICS Index) of federally disqualifying records provided by local, state, and federal agencies. Additionally, and as mandated by the U.S. Attorney General, a search via the databases of the U.S. Bureau of Immigration and Customs Enforcement (ICE) is conducted on all non-U.S. citizens.
The NICS is available from 8 a.m. EST to 1 a.m. EST, seven days a week and 364 days a year with the exception of Christmas. A firearms applicant must show the FFL an approved form of photo identification and provide his/her name, sex, race, date of birth, and the state of residence as required on the ATF Form 4473. Additional personal descriptors and unique identifiers may be submitted to narrow the search.
The NICS response consists of a notice to the FFL that the transfer may proceed, is denied, or is delayed pending further review of a matching record. A NICS Transaction Number, which must be recorded on the ATF Form 4473, is provided to the FFL.
Although most transactions are completed within a few minutes, the absence of complete information (e.g., final court disposition) on a record returned to the NICS requires additional processing time to allow the NICS Section to make an eligibility determination. In such cases, the Brady Act allows up to three business days to attempt to obtain the missing and/or the incomplete information by contacting local, state, and/or federal law enforcement agencies.
If the information needed cannot be obtained prior to the expiration of the three business days and the NICS is unable to provide either a proceed or a deny response, it is the FFL’s option to legally transfer the firearm.
Denials and Appeals
Pursuant to the requirements addressing the process for filing an appeal as outlined in Sections 103 and 104 of the permanent provision of the Brady Act, individuals who believe that they were wrongfully denied the transfer of a firearm based on a record returned in response to the NICS background check process may request that the denying agency or the NICS Section provide the reason for said denial. The denying agency or the NICS Section must provide the individual with the information in writing within five business days after receipt of the appeal. Individuals directly addressing the NICS Section may request the reason for their denial by writing to:
Federal Bureau of Investigation
NICS Section
Appeal Services Team
Module A-1
Post Office Box 4278
Clarksburg , WV 26302-9922
Per Title 28, Code of Federal Regulations (CFR), Part 25.9(b) (1), (2) and (3), the NICS Section must destroy all identifying information on allowed transactions prior to the start of the next NICS operational day. The Voluntary Appeal File (VAF) process permits applicants to request that the NICS maintain information about them in the VAF to prevent future denials or extended delays of a firearm transfer.
Privacy and Security
Data is the NICS is not used to establish a federal firearm registry. Information pertaining to an inquiry which resulted in an allowed transfer is destroyed in accordance with the provisions as stated in Title 5, U.S.C., Part 25 as published in the Federal Register, Vol. 63, No. 210.
NICS Information
NICS Call Center
1-877-324-NICS (6427)
Customer Service
1-877-444-NICS (6427)
Facsimile
1-888-550-NICS (6427)
Telecommunications Device for the Deaf (TDD)
1-877-NICS-TTY
NICS Website:
www.fbi.gov/hq/cjisd/nics/index.htm
NICS E-mail Address:
a _nics@leo.gov
NICS Appeals E-mail Address:
nicsappeals@leo.gov
January 2008
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