Source: NSSF (National Shooting Sports Foundation)
IMPORTANT Update for FFLs from NICS: NICS Denial Notification Act
Synopsis: On or around 9/26/2022, FFLs will be prompted to provide the address of the buyer on all denied or delayed transactions. Read below for more details.
The Consolidated Appropriations Act of 2022 (hereinafter “Act”) was signed into law on March 15, 2022. Section 1101 of the Act included the “NICS Denial Notification Act of 2022.” The Act requires the Attorney General to report background check denials to state authorities and will require the FBI Criminal Justice Information Services Division’s National Instant Criminal Background Check System (NICS) Section to report all FBI NICS denied transactions to local law enforcement within 24 hours beginning October 1, 2022. The NICS Section plans to implement this change on September 26, 2022.
The denial notification will include the date and time of the denial, the reason for the denial, the location of the federal firearms licensee (FFL), and the identity of the person. The NICS denial notifications will be transmitted electronically to the appropriate receiving authorities within each state based on the city, state, county, and zip code combination of the FFL location and the city, state, county, and if different, the zip code combination of the attempted transferee’s home address. If at any time, the original denial is changed to a proceed, an updated notification to those agencies originally notified will be required.
The NICS Section is working diligently on developing the tools to make this notification as seamless as possible. To make the necessary notifications, all FFLs will be required to provide the buyer’s complete address as recorded on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473. For FFLs who initiate a check by contacting the NICS Contracted Call Center (NCCC), the address will be required if the customer receives a delay or a denied status. The information will be required before the status is provided by the NCCC. For FFLs that initiate the check through the NICS E-Check, the address will be required if the customer receives a delay or denied response. The response will not be retrievable until the information is provided. Once the system is updated to allow for the capturing of this information an additional notification will be provided. In addition, if the transfer occurs at a qualifying gun show, future programming may allow for the full address of the gun show location to be entered also.
NSSF has confirmed with NICS that FFLs will not be required to provide the buyer’s complete address as recorded on Form 4473 when initiating a background check. NICS will require FFLs to provide NICS with this information in the event of a Denial or a Delay. NICS advises that the reason for asking for the buyer’s complete address information in the case of Delay is because in the event the Delay is determined to be a Denial the NICS Denial Notification Act requires NICS to notify law enforcement information within 24 hours of denial including the prohibited person’s address. NICS believes they would not be able to meet this statutory 24-hour requirement if they had to contact the FFL in order to obtain the buyer’s address.