FFL Dealer – NICS background check
The Brady Handgun Violence Prevention Act, also known as the Brady Law or Brady Act, completely changed how firearms businesses operate when it comes to the sale of firearms. This was the ruling which put into place the required NICS background checks for the sale of firearms by a FFL dealer. The Brady Law was signed into effect by President Bill Clinton on November 30, 1993.
There are three instances when a NICS check can be initiated. The first is when a FFL dealer is conducting a firearm transfer. The second is, pursuant to the law, to give local, state, or federal criminal justice agencies information in connection with an explosive or firearms related permit or license. The third allows NICS to give information to BATFE (Bureau of Alcohol, Tobacco, Firearms, and Explosives) in regards to civil or criminal law enforcement activity related to the Gun Control Act of 1968 or the National Firearms Act.
The entire purpose of the Brady Law is to help prevent criminals or other unqualified individuals from obtaining firearms. This is accomplished by running the name and description of the individual purchasing the firearm through several different national databases. These databases include the National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS index. For non-US citizens, the databases of the DHS’s US Immigrant and Customs Enforcement (ICE) are also checked.
Although a background check is required on firearms transactions for FFL dealers in all 50 states, not all states choose to participate in the federal NICS program. These states are called Point of Contact (POC) states. In these cases, the state chooses a state agency to serve as the point of contact between NICS and the FFL dealer who the dealer will contact to initiate the background check. States can also be partial POC states in which the dealers use the POC for handgun checks and contact NICS directly for the long gun checks. The list of POC states includes Hawaii, Oregon, California, Nevada, Utah, Colorado, Illinois, Tennessee, Florida, Connecticut, New Jersey, Pennsylvania, and Virginia. Partial POC states include Washington, Wisconsin, New Hampshire, Maryland, Nebraska, Iowa, and North Carolina.
Some states also have a system in place where a permit replaces the need for a NICS check. Usually these are states which have a rigorous procedure (in which a FBI background check occurs) for obtaining a concealed weapons permit. At the time of this article, there were twenty-two states which had this type of option. You can check out the FBI’s website to see if your state is included and how the procedure works in your state!
All of this information can be found at the FBI’s website, fbi.gov. It’s a great resource to answer any further questions you may have about how NICS works! Join FFL123.com Today!