Home | Online Resources | UB Catalog | Campus Libraries | About UB Libraries | Forms | Search | Help

NICS
National Instant Criminal Background Check System

[image: map of the United States with a gun and a red check mark layered over it]

Brady Act
NATIONAL INSTANT CRIMINAL BACKGOUND CHECKS

Brady Act Requirements

The Brady Act, Public Law 103-159, requires that a National Instant Criminal Background Check System (NICS) be established by November 30, 1998. In accordance with the Brady Act, the NICS shall allow Federal Firearms Licensees (FFLs) to contact the system by telephone or by other electronic means in addition to the telephone, for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 (g) or (n) of title 18, United States Code, or State law.

The NICS will be a national system that will check available records on persons who are disqualified from receiving firearms. The FBI developed the system through a cooperative effort with the ATF and state and local law enforcement agencies. The NICS is a computerized background check system designed to respond within 30 seconds on most background check inquiries so FFLs will have an almost immediate answer. Depending on the willingness of their state governments to act as a liaison for the NICS, FFLs will contact either the FBI or a designated state point of contact (POC) to initiate background checks on individuals purchasing firearms. The background check process, as performed by the FBI and by state POCs, is described below.

The NICS Operations Center

The FBI will operate a national center to perform NICS background checks for gun dealers in the states that decline to serve as POCs for the system. Gun dealers will contact the Center either by telephone, or by means of an electronic device such as a personal computer. Either means of contact will result in a NICS check with an almost instant response to the gun dealer. The NICS response will consist of a notice to the FFL that the transfer may proceed, may not proceed, or is delayed pending further review of a matching record(s). If no disqualifying record is found in the NICS, the FFL will be advised that the transfer may proceed and will be given a NICS Transaction Number (NTN). The FFL must record the NTN on the ATF Form 4473 and retain the form for auditing purposes.

If the FBI determines that disqualifying information exists on the prospective purchaser, the FFL will be advised that the transfer may not proceed and will be given an NTN to record on the ATF Form 4473 and retain the form for auditing purposes.

If the FBI determines that more information is required in order to make a determination, the FFL will be advised that the transfer is delayed and will receive an NTN. The FFL must record the NTN on the ATF Form 4473 and retain the form for auditing purposes. If subsequent research indicates the transfer would not violate state or federal law, the FBI will notify the FFL that the transfer may proceed. If no further information is received by the FBI within three business days, and there is reason to believe that receipt of the firearm by the prospective purchaser would violate federal or state law, the FBI will notify the FFL that the transfer may not proceed.

FFLs will be charged a user fee for checks performed by the NICS Operations Center.

POC States

In states that agree to serve as POCs for the NICS, the functions performed by the NICS Operations Center will be performed by a state or local law enforcement agency which will service the FFLs. The FFLs will call these state or local agencies, which will perform the check, make the decision whether the check shows that an individual is disqualified from possessing a firearm, and notify the FFL of the results of the check. All other aspects of the background check process will remain the same -- the difference will be that the state, instead of the FBI, will be processing the check.

The FBI will not charge a user fee when a POC performs the checks.

NICS Background Checks

As shown above, FFLs will 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 a point of contact for the system, FFLs will contact the NICS through the state POC for all firearm transfers. The state POC will make the NICS check and determine whether the transfer would violate state or federal law.

2) In states where the state government has declined to serve as a POC, FFLs will initiate a NICS background check by contacting the FBI's NICS Operations Center for all firearm transfers. The FBI will make the NICS check and determine whether or not the transfer would violate state or federal law. The FBI will charge FFLs a fee for each background check.

3) Finally, in states where the state government has agreed to serve as a POC for handgun purchases but not for long gun purchases, FFLs will contact the NICS through the designated state point of contact for handgun transfers. The FFLs will have to contact the NICS Operations Center for long gun transfers. The FBI will charge FFLs a fee for the long gun checks.

Each state government will decide whether the FFLs in its state will call a state point of contact or the FBI to find out whether a firearm transfer will be allowed by the NICS.

Privacy and Security of NICS Information

The privacy and security of the information in the NICS is of great importance. The Attorney General is publishing proposed regulations on the privacy and security of NICS information, including the proper and official use of this information. Copies may be requested from the FBI's West Virginia facility. 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's information and agency use. The NICS will not be used to establish a federal firearm registry; information about an inquiry resulting in an allowed transfer will be destroyed.

NICS Appeals

Individuals who are denied the purchase of a firearm may request that the NICS provide the reasons for the denial. The regulations will address the process for filing an appeal. The NICS shall provide such reasons to the individual, in writing, within five (5) business days after receipt of the request.

Additional Information

• For an FFL to initiate NICS background checks with the FBI's NICS Operations Center beginning on November 30, 1998, the FFL MUST BE ENROLLED WITH THE FBI BEFORE NOVEMBER 30, 1998. The FBI will be contacting each FFL in states that do not designate POCs for all firearm transfers for enrollment information.
• Persons holding firearms permits which qualify as alternatives under the permanent provision of the Brady Act will not be required to undergo a NICS check.
• The current pawn shop exemption for background checks on individuals who are redeeming firearms will cease to exist on November 30, 1998. NICS background checks will be required for the transfer of redeemed firearms, including both handguns and long guns.
• The FBI will be attending ATF regional firearms seminars in selected states around the country beginning in March, 1998 to provide a NICS overview, answer questions and discuss enrollment procedures for those FFLs who will be using the NICS Operations Center.

NICS Information Line
(304) 625-2750

Web Site.
http://www.fbi.gov/programs/nics/index.htm

Top of page