IMPORTANT: NICS Denial Notification Act

For those of you who are unaware, the BATFE has been under constant pressure to come up with more and more limitations and rules, and this is the next round.  Of my customers, 90% sail right through without a hitch.  Less than 1% get denied, leaving about 9% who are delayed and usually are able to get their firearm.  There has been an existing process for you to determine the reason for delays and denials.  If you aren’t normally approved immediately, you need to find out the cause for the delays, especially the denials.

You are denied or delayed due to information the FBI finds in its database.  There can be information that is an actual fact from your past that you may or may not be able to remove.  You can also be delayed if your name and information closely match someone else in the databases.  What you will want is a UPIN (Unique Personal Identification Number).  That is input on the 4473 form you fill out.  You can get details here:

https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics-appeals-vaf

Through a different process, you can get your “rap” sheet.  It will show whatever they think they know about you.  That process is here:

https://www.fbi.gov/services/cjis/identity-history-summary-checks

Below is the information all FFLs received from the feds.  Remember, you get what you vote for:

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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.

1 comment to IMPORTANT: NICS Denial Notification Act

  • dave

    just seems they shall store more info ,does not say what the law enforcement office will do with this information ,or what the follow up action will be ,
    will this be or lead to the red flag law ,and give them the excuse to invade a law biding persons home ?

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