Attorney General Jeff Sessions has issued a memo to the Federal Bureau of Investigations (FBI) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) directing them to look at several issues as it relates to reporting information to the National Instant Criminal Background Check System (NICS).
(Learn More. Courtesy of the FBI and YouTube)
The memo directs the FBI and ATF to take the following steps:
- Work with the Department of Defense to identify and resolve any issues with the military’s reporting of convictions and other information relevant to determining prohibited person status under 18 U.S.C. § 922(g).
- Conduct a review to identify other federal government entities that are not fully and accurately reporting information to NICS.
- If any such entities are identified, a plan should be developed to ensure full and accurate reporting to NICS going forward to the extent required under current law.
- Conduct a review of the format, structure, and wording of ATF Form 4473 and recommend changes as necessary.
- Prepare a report that addresses:
- (a) the number of current open investigations for making a false statement on ATF Form 4473;
- (b) the number of investigations for making a false statement on ATF Form 4473 for the past five years;
- (c) the prosecution referral and declination numbers for the current year, as well as the past five years for making a false statement on ATF Form 4473;
- and (d) the priority level assigned to investigations for making a false statement on ATF Form 4473.
- Identify any additional measures that should be taken to prevent firearms from being obtained by prohibited persons, including identifying obstacles to state, local, and tribal entities sharing information with NICS.
“The National Instant Criminal Background Check System is critical for us to be able to keep guns out of the hands of those that are prohibited from owning them,” said Attorney General Jeff Sessions.
“The recent shooting in Sutherland Springs, Texas revealed that relevant information may not be getting reported to the NICS – this is alarming and it is unacceptable.”
“Therefore, I am directing the FBI and ATF to do a comprehensive review of the NICS and report back to me the steps we can take to ensure that those who are prohibited from purchasing firearms are prevented from doing so.”
The shooter in that case, Devin Kelley, the shooter in the Sutherland Spring, Texas case which resulted in the death of 26 people, including an unborn child included in the total, should have been prevented from purchasing a gun, based on his conviction in a military court.
That criminal information did not appear in his criminal background check when he purchased four guns over a four year period, which included the AR-556 rifle used in the church massacre.
Kelley was court-martialed in 2012 while a member of the Air Force on charges of assault on his spouse and their child.
He received a bad conduct discharge, confinement for 12 months and a reduction of his military status.
Kelley was killed by an apparent self-inflicted gunshot wound after fleeing the church shooting.
(The Pentagon is investigating a major error by the Air Force that allowed gunman in the Texas church massacre to buy the assault rifle he used. Officials reveal Devin Kelley wore a face mask with a white skull on it during the attack. Courtesy of TODAY and YouTube. Posted on Nov 7, 2017)
National Instant Criminal Background Check System (NICS)*
The National Instant Criminal Background Check System, or NICS, is all about saving lives and protecting people from harm—by not letting guns fall into the wrong hands.
It also ensures the timely transfer of firearms to eligible gun buyers.
Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms.
Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that each customer does not have a criminal record or isn’t otherwise ineligible to make a purchase.
More than 230 million such checks have been made, leading to more than 1.3 million denials.
(The National Instant Criminal Background Check System, or the NICS, was established to aid Federal Firearms Licensees, or FFLs, in determining whether or not the transfer of a firearm would violate state or federal law. Courtesy of the FBI and YouTube)
NICS is located at the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia.
It provides full service to FFLs in 30 states, five U.S. territories, and the District of Columbia.
Upon completion of the required Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473, FFLs contact the NICS Section via a toll-free telephone number or electronically on the Internet through the NICS E-Check System to request a background check with the descriptive information provided on the ATF Form 4473. NICS is customarily available 17 hours a day, seven days a week, including holidays (except for Christmas). Please be advised that calls may be monitored and recorded for any authorized purpose.
About NICS
Mandated by the Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, the National Instant…
NICS Appeals
If you believe you have been wrongfully denied a firearm transfer or pawn redemption, you may request an appeal.
Some individuals may find they are continuously delayed when purchasing or redeeming firearms.
Others may successfully appeal a NICS denial but still experience extended delays or erroneous denials on subsequent transactions.
The Voluntary Appeal File (VAF) was established to assist in these types of situations by providing a way for an individual to request the NICS Section’s Appeal Services Team (AST) maintain information to clarify their identity or past events to prevent future extended delays or erroneous denials on firearm transfers. More at: http://www.fbi.gov/about-us/cjis/nics
(Courtesy of the FBI and YouTube. Posted on Jan 3, 2013)
Resources for Federal Firearms Licensees
The FBI offers a variety of resources for federal firearms licensees (FFLs), including information on enrollment, E-Check, resolution cards, and more.
To Learn More, go to https://www.fbi.gov/services/cjis/nics/resources-for-federal-firearms-licensees.
Reports & Statistics
- Operations Reports:
2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2003/2004 | 2001/2002 | 2000 | 1998/1999 - Active Records in the NICS Indices
- Active Records in the NICS Indices by State
- Federal Denials
- NICS Firearm Checks: Month/Year
- NICS Firearm Checks: Month/Year by State
- NICS Firearm Checks: Month/Year by State/Type
- NICS Firearm Checks: Year by State/Type
- NICS Firearm Checks: Top 10 Highest Days/Weeks
Regulations
- National Instant Criminal Background Check System Regulation (Amended 2014)
- National Instant Criminal Background Check System Regulation (Notice of Final Rule)
- National Instant Criminal Background Check System Regulation (Amended 2004)
- National Instant Criminal Background Check System Regulation (1998)
- Federal Firearms Regulation Reference Guide Index (pdf)
- Brady Implementation (pdf)
- Privacy Act of 1974; Notice of New System of Records (Proposed Rule)
- Exemption of System of Records Under the Privacy Act
Statutes
External Links & Resources
*By the FBI. Original post https://www.fbi.gov/services/cjis/nics
