Located at the FBI's Criminal Justice Information Services (CJIS) Division in Clarksburg, West Virginia, the NICS Section processes background checks for the FFLs in those states that have declined to serve as POCs for the NICS. The FFLs conducting business in these states will contact the NICS either by telephone, via one of two contracted call centers, or electronically by the NICS E-Check System via the Internet. When contacting the NICS by telephone, the FFL will provide the prospective After contacting the NICS, via two contracted call centers, either by telephone or electronically by the NICS E-Check System via the Internet, FFLs will provide the descriptive information provided on the ATF Form 4473, which is required by law to be completed and signed by every prospective firearm transferee. The prospective firearm transferee's descriptive information is required descriptive , the FFL will receive a response that the transfer may proceed or is delayed. This response is typically provided within 30 seconds.
If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee's descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by an FBI NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) reviews the information if state and federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the FBI NICS Examiner will advise the FFL to PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on the ATF Form 4473 and retain the form for auditing purposes.
If it is determined that prohibitive criteria exists, the FBI 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 and the call is concluded. The FFL must record the NTN on the ATF Form 4473 and retain the form for auditing purposes.
When a transaction is DELAYED, the FBI NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the FBI NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.
On the third business day of a DELAYED transaction, the NICS Examiner is required to call the FFL and advise him/her of their rights under the Brady Act to transfer the firearm after the third business day. If the delayed transaction cannot be resolved within the allowed three business days, it is at the discretion of the FFL whether to allow the firearm transfer. However, the NICS Section continues to research the case in an effort to obtain complete disposition information. Business days do not include the day the check was initiated Saturdays, Sundays, and any day state offices in the state of purchase are closed.
POC States
In states that agree to serve as POCs for the NICS, the functions performed by the NICS Section are performed by a local or state law enforcement agency which services the FFLs. The FFLs call these local or state agencies, which perform the check, make the decision whether the check indicates an individual is disqualified or not from possessing firearm, and notify the FFL of the results of the results of the check.
NICS Background Checks
The FFLs have the following three methods of performing background checks depending upon the state in which the FFL is conducting business:
1. In states where the state government has agreed to serve as the POC for the system, the FFLs contact the NICS through the state POC for all firearm transfers. The state POC conducts the NICS check and determines whether or not the transfer would violate state or federal law.
2. In states where the state government has declined to serve as a POC, the FFLs initiate a NICS background check by contacting the NICS Section for all firearm transfers. The FBI conducts the NICS check and determines whether or not the transfer would violate state or federal law.
3. Finally, in states where the state government has agreed to serve as a POC for handgun purchases but not for long gun purchases, the FFLs contact the NICS through the designated state POC for handgun transfers and the NICS Section for long gun transfers.
Each state decides whether the FFLs in its state call a state POC or the FBI to initiate firearm background checks.