NATIONALINSTANT
CRIMINAL BACKGROUND CHECK SYSTEM
NICS Index
Brady
Act Requirements
In
November 1993, the Brady Handgun Violence Prevention Act
of 1993 (Brady Act), Public Law 103-159, was signed into
law requiring Federal Firearms Licensees (FFLs) to request
background checks on prospective firearm transferees. The
permanent provisions of the Brady Act, which went into effect
on November 30, 1998, required the U.S. Attorney General
to establish the National Instant Criminal Background Check
System (NICS) so that any FFL may contact by telephone,
or by other electronic means, for information to be supplied
immediately, on whether the transfer of a firearm would
violate Section 922 (g) or (n) of Title 18, United States
Code (U.S.C.), or state law.
The
NICS is a national system that checks available records
in the National Crime Information Center (NCIC), the Interstate
Identification Index (III), and the NICS Index to determine
if prospective transferees are disqualified from receiving
firearms.
Prohibiting
Categories
The
NICS Index contains records provided by local, state, and
federal agencies about persons prohibited from receiving
firearms under federal law. All records in the NICS Index
are federally disqualifying records and will prohibit the
transfer of a firearm.
Most
records in the NICS Index are obtained from federal agencies;
however, authorized local and state law enforcement agencies
may voluntarily contribute records for entry into the NICS
Index. Additionally, the FBI may enter records into the
NICS Index.
The
following definitions from the Federal Register, Vol.
62, No. 124, outline the categories of persons prohibited
from receiving firearms. These categories are:
1)
Persons who are aliens and are illegally or unlawfully in
the United States
The
United States Immigration and Customs Enforcement (ICE)
and state law enforcement agencies have the authority to
enter and update records of individuals who are aliens and
are unlawfully or illegally in the United States or (except
as provided in Title 18, U.S.C., Section 922[y][2]) are
individuals who have been admitted to the United States
under a nonimmigrant visa, e.g., aliens traveling temporarily
in the United States for business or pleasure, students
who maintain a residence abroad or aliens who are temporary
foreign workers.
2)
Persons who have renounced their U.S. citizenship
The
Department of State alone has the authority to enter and
update records on persons who have renounced their U.S.
citizenship.
3)
Persons who have been adjudicated as a mental defective
or have been involuntarily committed to a mental institution
The
Department of Veterans Affairs; the Department of Defense;
local, state, and federal law enforcement agencies have
the authority to enter and update records of persons who
have been adjudicated as mental defectives or have been
involuntarily committed to mental institutions.
4)
Persons who have been discharged from the U.S. Armed Forces
under dishonorable conditions
The
Department of Defense and the U.S. Coast Guard have the
authority to enter and update records of persons who have
been dishonorably discharged from the U.S. Armed Forces.
5)
Persons who are unlawful users of or addicted to any controlled
substance
The
Department of Defense; the U.S. Coast Guard; and local,
state, and federal law enforcement agencies have the authority
to enter and update records of persons who have been unlawful
users of or are addicted to any controlled substance.
6)
Persons who are federally disqualified when a record is
not already included in the NCIC or the III
Local,
state, and federal law enforcement agencies have the authority
to enter and update records of persons who are federally
disqualified when those records are not already included
in the NCIC or the III.
Submitting
Records
The
local, state, and federal agencies are provided with two
modes to add, modify, or cancel records from the NICS Index.
The
first mode is an electronic connection between the NICS
and the contributing agency using an application layer and
the NCIC-Front End. The agency may use the interface to
electronically add, modify, supplement, cancel, or display
a denied person's record in the NICS Index. The second mode
is a batch data transfer on tape for the NICS Index record
additions, modifications, supplements, and cancellations,
which can be submitted as a series of records on an IBM
standard 3480 magnetic cartridge tape, CD-ROM, or on a 3.5"
diskette.
Since
the contributing agency is responsible for the accuracy
and validity of the NICS Index records, it is imperative
to supplement or cancel records as needed.
Voluntary
Submissions
In
addition to local, state, and federal agencies voluntarily
contributing records to the NICS Index, the NICS Section
receives telephone calls from state mental institutions,
psychiatrists, police departments, and family members inquiring
about placing individuals in the NICS Index. Frequently,
these are emergency mental health issues and may require
immediate action. Validation of the supporting records
to ensure the individual is prohibited is conducted prior
to the subject's entry into the NICS Index.
NICS
Contact Information
Customer
Service
1-877-444-NICS (6427)
Facsimile
1-888-550-6427
Telecommunications
Device for the Deaf (TDD)
1-877-NICS-TTY
NICS
Web Site:
www.fbi.gov/hq/cjisd/nics/index.htm
NICS
E-Check:
www.nicsezcheckfbi.gov
NICS
E-Mail Address
a_nics@leo.gov
NICS
Appeals E-Mail Address
nicsappeals@leo.gov
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