Law Enforcement Assistance-National Instant Criminal Background Check System (16.309)

Program

16.309 Law Enforcement Assistance-National Instant Criminal Background Check System

Federal Agency

Agency: Department of Justice
Office: Federal Bureau of Investigation

Authorization

None.

Program Number

16.309

Last Known Status

Active

Objectives

To provide a system so that any Federal Firearm Licensee (FFL) could receive an immediate determination by telephone or by other electronic means, on whether receipt of a firearm and/or explosive by a prospective buyer would violate Federal or State laws.

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 Section by telephone via a toll-free number or, electronically by the NICS E-Check via the Internet. The FFLs will provide the required descriptive information requested on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 and each background check is assigned a unique NICS Transaction Number. If a NICS background check results in no matching records, the transfer will be a proceed. If one or more matching records are found, a NICS Legal Instruments Examiner (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 state and/or federal firearm prohibitive criteria which may prohibit the transfer of the firearm. If it is determined that prohibitive criteria exists, the NICS Examiner will advise the FFL to deny the firearm transaction. If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to delay the firearm transaction. When a transaction is delayed, the NICS Examiner begins extensive research on the potential prohibitor. The NICS Examiner will contact local, state, and federal law enforcement agencies and courts to resolve questions about an individual who appears to be prohibited from purchasing or possessing a firearm, as well as to request clarification regarding information in a prior record or disposition. When the research is complete, the NICS Examiner calls the FFL and gives a decision on the firearm transaction. Individuals who are denied the purchase of a firearm will be advised by the FFL of the process for appealing the denial decision if he/she believes it is incorrect. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. 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 NICS E-check via the Internet.

Award Procedure

Not applicable.

Deadlines

Not Applicable.

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: nicsappeals@leo.gov .

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Not applicable. See the following for information on how assistance is awarded/released: Not applicable.

Post Assistance Requirements

Reports

Audits

Not Applicable.

Records

None.

Program Accomplishments

Not Applicable.

Financial Information

Account Identification

15-0200-0-1-751.

Obligations

(Information) FY 08 $91,603,996; FY 09 est $94,352,116; FY 10 est $97,182,680

Range and Average of Financial Assistance

No Data Available.

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.

Related Programs

Not Applicable.

Information Contacts

Regional or Local Office

See Regional Agency Offices. NICS Program Office, Post Office Box 4278, Clarksburg, WV 26302-4278.

Headquarters Office

Michael Tyler, 935 Pennsylvania Avenue, Finance Division, Room 6712, Washington, District of Columbia 20535 Email: michael.tyler@ic.fbi.gov Phone: (202) 324-0495

Web Site Address

http://www.fbi.gov .

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.