The National Instant Criminal Criminal record check System (NICS)
is actually an instantaneous criminal records check program that is
used when an individual is attempting to buy a gun in America. The
program is a direct result of the Brady Handgun Violence Prevention Act
becoming signed into law on November 30, 1993. That Act requires that
someone wanting to acquire a firearm submit to a criminal record search.
While directly created by the FBI, the NICS was made via a joint work
together with the Bureau of Alcohol, Tobacco, Firearms and Explosives,
Department of Justice and state and local law enforcement agencies.
Just how the NICS Performs
According
to the FBI's web site, all states have the choice to employ a
state-based NICS program which serves as a middle man between the NICS
system as well as the state's Federal Firearm Licensees (FFL). As a
result, when selling a firearm, the FFL contacts a state-selected agency
to begin the background check. Yet, when a state doesn't have a
state-based NICS program, every FFL doing work in that state has to
communicate with the FBI's NICS directly for the background check. Now,
once an FFL triggers a background check, many countrywide FBI managed
databases will be looked at using an person's name and available
information (e.g., sex, dob, place of birth, address, etc.). The
databases checked against include:
- The Interstate Indentification Index which maintains numerous criminal offender records.
- The NCIC which maintains info specific to individuals who are
subject to warrants, have identified gang/terrorist associations, etc.
- The NICS Index which keeps intel not already within the other
databases about individuals who're federally not allowed to have a gun.
- The Department of Homeland Security's U.S. Immigration and Customs
Enforcement database is also queried when an application is initiated
for someone who might be a non-U.S. citizen.
NICS checks are often
accomplished within a few minutes after being requested and all queries
that don't give back results can be able to proceed in contrast to any
look-ups returning results which, prevent the sale of the gun, are
refused. But, if the result's a probable ground for denying the
application, the FFL is required to get in touch with the law
enforcement / judicial bureau for information needed for an ultimate
decision. In line with the Brady Act, that data should be given back
within 3 working days and if not, the FFL has the opportunity to
legitimately complete the transfer of the firearm. People who are
rejected the purchase of a gun may ask that the NICS or the state which
processed their exchange provide the factors behind the denial.
Using the NICS Database
Entry
to the NICS is restricted just to those organizations authorized by the
FBI. The intel is recorded federal information and the FBI undertakes
considerable measures to ensure the security and reliability of the
information. In October 1998, the Attorney General posted laws on the
privacy and security of NICS intel, such as the suitable and formal
utilization of this information. The info distinct to criminal history
checks that result in an allowed application is deleted. Additional info
regarding the privacy and security of the NICS database is accessible
on the FBI's web site.