To provide a system so that
any Federal Firearm Licensee (FFL) could gain information, by telephone or by
other electronic means, on whether receipt of a firearm by a prospective buyer
would violate Federal or State laws through the proper completion of Bureau of
Alcohol Tobacco and Fireams (ATF) Form 4473.
TYPES OF ASSISTANCE:
Provision of Specialized Services. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
The NICS Operations Center conducts NICS background checks by analyzing and
evaluating criminal history records to determine whether the transfer of a
firearm to an individual may violate State or Federal law. The staff at the
Operations Center provides technical and operational support to users,
provides customer service to FFLs and State Point of Contacts (POCs),
processes appeals of denied transactions, and prepares management and
statistical reports on the operation of the NICS.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility:
All persons purchasing firearms.
Beneficiary Eligibility:
The Federal Firearm Licensees and American
public.
Credentials/Documentation:
Initial request for services must be from a
licensed and enrolled FFL. For checks performed by the FBI, FFLs may contact the
NICS Operation Center by telephone via a toll-free number or, in the future,
electronically by computer. If a NICS background check results in no matching
records, the transfer will be allowed, and the FFL will be provided with a
unique NICS Transaction Number (NTN). If one or more matching records are found,
an FBI examiner will review the record(s) to determine if the subject of the
record may be identical with the prospective purchaser and to determine if the
record contains information which may prohibit the sale of the firearm. If so,
the transfer will be denied, and the prospective buyer will be advised of the
process for appealing the decision if he/she believes it is incorrect. The FBI
may contact local, State, and Federal law enforcement agencies and courts to
resolve questions about an individual who appears to be prohibited from
purchasing a firearm, as well as to request clarification regarding information
in a prior record or disposition. After analyzing all information, the FFL is
then contacted with a "Proceed" or a "Deny" status.
None. This program is excluded from
coverage under E.O. 12372.
Application Procedure:
Initial request for services must be from a
licensed and enrolled FFL. For checks performed by the FBI, FFLs may contact the
NICS Operation Center by telephone via a toll-free number or, in the future,
electronically by computer.
Award Procedure:
Not applicable.
Deadlines:
None.
Range of Approval/Disapproval Time:
Three business days.
Appeals:
Persons denied the right to purchase a firearm may appeal the
denial by writing to the NICS Program Office, Post Office Box 4278, Clarksburg,
WV 26302-4278. Another option that is available is e-mailing the appeal to:
a_nics@leo.gov.
Renewals:
Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Not applicable.
Length and Time Phasing of Assistance:
Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports:
None.
Audits:
The CJIS Division internal audit staff conducts audits of
Point of Contact states to ensure compliance with the Brady Handgun Violence
Prevention Act requirements, FBI NICS regulation, and the validation of the
completeness and accuracy of the states criminal history records. Additionally,
the audit staff conducts audits of Protection Order File (POF) records
nationwide. The accuracy of the criminal history records and the POF data is
critical to the NICS Program since this is the information that the NICS bases
its decision on whether the transfer of the firearm would violate state or
federal laws. Furthermore, the internal audit staff conducts audits to determine
the accuracy of data submitted by federal agencies for inclusion in the NICS
Index.
Records:
None.
FINANCIAL INFORMATION:
Account Identification:
15-0200-0-1-751.
Obligations:
FY 01 est $67,255,000; FY 02 est $67,735,000; and FY 03
est $67,735,000.
NICS has been successful in keeping guns out of the hands of felons and other
disqualified individuals. The following statistics outline the success of the
NICS program from November 30, 1998 to September 30, 2001: Federal NICS
inquiries - 12,023,734; Immediate Proceeds - 8,513,054 which is 71 percent;
Denials - 197,747, which is 2 percent; appeals received 27,543; appeals
sustained 18,685; and appeals overturned 7,144. The NICS Program has prevented
over 197,000 prohibited individuals from purchasing a firearm, including 5,571
fugitives and over 7,573 individuals with a domestic violence restraining
order. FY 02 estimated Federal NICS Inquires are 4,271,696; 3,246,489
Immediate Proceeds; 64,942 denials and 9,092 appeals. FY 03 estimated Federal
NICS Inquires are 4,335,772; 3,772,121 Immediate Proceeds; 65,916 denials and
9,228 appeals.
REGULATIONS, GUIDELINES, AND LITERATURE:
Title 28, CFR, Part 25 National Instant Criminal Background Check System
Regulation, Public Laws 103-159 Federal Regulations, NICS Brochure, Appeals
Brochure, POC Manual and FFL Manual.
INFORMATION CONTACTS:
Regional or Local Office:
NICS Program Office, Post Office Box 4278,
Clarksburg, WV 26302-4278.
Headquarters Office:
Assistant Director, Criminal Justice Information
Services Division, Federal Bureau of Investigation, Department of Justice, 1000
Custer Hollow Road, Clarksburg, WV 26306. Telephone: (304) 625-2222. FTS: (304)
625-2222.
