Program Descriptions
Program Number
16.309
Title
Law Enforcement Assistance-National Instant Criminal Background Check System
Federal Agency
FEDERAL BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE
Authorization
Gun Control Act, 18 U.S.C. Chapter 44, Public Law 103-159; National Firearms Act, 26 U.S.C. Chapter 53.
Status
Active
Objectives
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.
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.
Application and Award Process
Preapplication Coordination
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
Assistance Considerations
Formula and Matching Requirements
None.
Length and Time Phasing of Assistance
None.
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 07 $24,880,582; FY 08 est not available; and FY 09 est not reported.
Range and Average of Financial Assistance
None.
Program Accomplishments
None.
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.
Web Site Address
http://www.fbi.gov
Related Programs
None.
Examples of Funded Projects
None.
Criteria for Selecting Proposals
None.
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