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to topMandated by the Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, the National Instant Criminal Background Check System (NICS) was established for Federal Firearms Licensees (FFLs) to contact by telephone, or other electronic means, for information to be supplied immediately on whether the transfer of a firearm would be in violation of Section 922 (g) or (n) of Title 18, United States Code, or state law. The Brady Act is a public record and is available from many sources including the Internet at www.atf.treas.gov.
The NICS is a national system that checks available records on persons who
may be disqualified from receiving firearms. The FBI developed the system through
a cooperative effort with the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) and local and state law enforcement agencies. The NICS is a computerized
background check system designed to respond within 30 seconds on most background
check inquiries so the FFLs receive an almost immediate response. Depending
on the willingness of state governments to act as a liaison for the NICS, the
FFLs contact either the FBI or a designated state point-of-contact (POC) to
initiate background checks on individuals purchasing or redeeming firearms,
and in certain instances, firearm-related permits. The background check process,
as performed by the FBI and by state POCs, is described below.
Located at the FBI's Criminal Justice Information Services (CJIS) Division in Clarksburg, West Virginia, the NICS Section processes background checks for the FFLs in those states that have declined to serve as POCs for the NICS. The FFLs conducting business in these states will contact the NICS either by telephone, via one of two contracted call centers, or electronically by the NICS E-Check System via the Internet. When contacting the NICS by telephone, the FFL will provide the prospective After contacting the NICS, via two contracted call centers, either by telephone or electronically by the NICS E-Check System via the Internet, FFLs will provide the descriptive information provided on the ATF Form 4473, which is required by law to be completed and signed by every prospective firearm transferee. The prospective firearm transferee's descriptive information is required descriptive , the FFL will receive a response that the transfer may proceed or is delayed. This response is typically provided within 30 seconds.
If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee's descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by an FBI NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) reviews the information if state and federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the FBI NICS Examiner will advise the FFL to PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on the ATF Form 4473 and retain the form for auditing purposes.
If it is determined that prohibitive criteria exists, the FBI NICS Examiner will advise the FFL to DENY the firearm transaction. If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to DELAY the firearm transaction and the call is concluded. The FFL must record the NTN on the ATF Form 4473 and retain the form for auditing purposes.
When a transaction is DELAYED, the FBI NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the FBI NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.
On the third business day of a DELAYED transaction, the NICS Examiner
is required to call the FFL and advise him/her of their rights under the Brady
Act to transfer the firearm after the third business day. If the delayed
transaction cannot be resolved within the allowed three business days, it is
at the discretion of the FFL whether to allow the firearm transfer. However,
the NICS Section continues to research the case in an effort to obtain complete
disposition information. Business days do not include the day the check was
initiated Saturdays, Sundays, and any day state offices in the state of purchase
are closed.
In states that agree to serve as POCs for the NICS, the functions performed by the NICS Section are performed by a local or state law enforcement agency which services the FFLs. The FFLs call these local or state agencies, which perform the check, make the decision whether the check indicates an individual is disqualified or not from possessing firearm, and notify the FFL of the results of the results of the check.
The FFLs have the following three methods of performing background checks depending upon the state in which the FFL is conducting business:
1. In states where the state government has agreed to serve as the POC for the system, the FFLs contact the NICS through the state POC for all firearm transfers. The state POC conducts the NICS check and determines whether or not the transfer would violate state or federal law.
2. In states where the state government has declined to serve as a POC, the FFLs initiate a NICS background check by contacting the NICS Section for all firearm transfers. The FBI conducts the NICS check and determines whether or not the transfer would violate state or federal law.
3. Finally, in states where the state government has agreed to serve as a POC for handgun purchases but not for long gun purchases, the FFLs contact the NICS through the designated state POC for handgun transfers and the NICS Section for long gun transfers.
Each state decides whether the FFLs in its state call a state POC or the FBI
to initiate firearm
background checks.
The NICS Section, in a joint effort with the FBI Information Technology Management
Section (ITMS), Lockheed Martin Energy Systems, Science Applications International
Corporation, and an FFL focus group, developed the NICS E-Check. This function
enables FFLs to initiate an unassisted NICS background check for firearm transfers
via the internet. The NICS Section ensured that security was a priority during
the development and implementation of the NICS E-Check. The NICS E-Check is
monitored 24 hours a day, 7 days per week, for misuse and unauthorized access.
In addition, the NICS E-Check denies access to any individual whose identification
is not known to the system.
The privacy and security of the information in the NICS is of great importance. In October of 1998, the Attorney General published regulations on the privacy and security of NICS information, including the proper and official use of this information. These regulations are available on the NICS web site (www.fbi.gov/hq/cjisd/nics/index.htm). Data stored in the NICS are documented federal data, and access to that information is restricted to agencies authorized by the FBI. Extensive measures are taken to ensure the security and integrity of the system information and agency use. The NICS is not to be used to establish a federal firearm registry; information about an inquiry resulting in an allowed transfer is destroyed in accordance with NICS regulations.
Individuals who are denied the purchase of a firearm may request that the NICS
or the state which processed their transaction provide the reasons for the denial.
The regulations address the process for filing an appeal. Appellants must include
the NTN assigned to their transaction. Appeals may be submitted via facsimile
at 1-888-55-6427; by e-mail at nicsappeals@leo.gov;
or by mail to the NICS Section, Appeal Services Unit, Post Office Box 4278,
Clarksburg,
West Virginia 26302-9922.
For the FFL to initiate background checks with the NICS Section, the FFL MUST BE ENROLLED WITH THE FBI. Enrollment packets may be obtained by contacting the NICS Section via mail at 1000 Custer Hollow Road, Clarksburg, West Virginia 26306, via e-mail at a_nics@leo.gov, or via telephone at 1-877-444-NICS (6427).
Persons holding firearm permits which qualify as alternatives, per the ATF, under the permanent provision of the Brady Act are not required to undergo a NICS check.
The former pawnshop exemption for background checks on individuals who are redeeming firearms ceased to exist on November 30, 1998. NICS background checks are required for the transfer of redeemed firearms, including both handguns and long guns.
The NICS Section attends ATF regional firearms seminars in selected states
around the country to provide a NICS overview, answer questions and provide
updates on new developments in NICS operations.
A delay response from the NICS Section indicates that either you or another individual with a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth) has been matched with either state prohibitive criteria or one or more of the following federally prohibitive criteria:
• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
• Persons who are fugitives of justice; for example, the subject of an active felony or misdemeanor warrant.
• An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year, or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year, or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
• A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges pertaining to found not guilty by reason of insanity or found incompetent to stand trial.
• A person who, being an alien, is illegally or unlawfully in the United States. A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
• A person dishonorably discharged from the United States Armed Forces.
• A person who has renounced his/her United States citizenship.
• The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
• A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similarly situated to a spouse, parent or guardian of the victim.
• A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.
A delay response indicates that information you supplied on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 has been matched with information contained in the National Crime Information Center, the Interstate Identification Index, and/or the NICS Index. Complete information is not always available and a further review of these records is necessary. The NICS Section exhausts all efforts to retrieve current record information by contacting all applicable law enforcement agencies, i.e., local, state, federal, courts, etc. The Brady Handgun Violence Prevention Act of 1993 allows three business days to obtain this information before a Federal Firearms Licensee (FFL) can transfer a firearm. The FFL is not prohibited from transferring the firearm after three business days have passed; however, the FFL is not required to transfer the firearm.
The Privacy Act of 1974 restricts the dissemination of specific information to you via the telephone. Under the provisions of Title 28, United States Code, Sections 16.30 through 16.34, you can obtain a copy (for a fee) of any identification record the FBI may maintain on you by contacting the following unit at the address and telephone number provided:
Federal Bureau of Investigation
Criminal Justice Information Services Division
Attention: Correspondence Group, Module D-2
1000 Custer Hollow Road
Clarksburg, WV 26306
Telephone Number: (304) 625-3878
Additional information is available on the Internet at the following address:
http://www.fbi.gov/hq/cjisd/nics/index.htm
NICS Home Page