When an FFL initiates a NICS background check, a name search is conducted for matching records in three national databases. These databases are the National Crime Information Center (NCIC), which contains information on wanted persons and protection orders; the Interstate Identification Index (III), which contains criminal history records; and the NICS Index, which contains the names of prohibited persons as defined in the Gun Control Act of 1968. The NICS Index includes individuals who have been determined to be federally prohibited from possessing a firearm, and the disqualifying information may not be available through the NCIC or III systems.
Also, a search of the applicable databases of the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) is conducted on all non-U.S. citizens.
The majority of NICS checks are determined within minutes, sometimes seconds, after the background check search is initiated. If the NICS does not match any records in the databases searched, the transaction is proceeded. However, if the search yields a valid match to prohibiting information, the transaction is denied.
If the search is matched to any potentially prohibiting records, the NICS Section must reach out to judicial and/or law enforcement agencies for the information needed to render a final decision. The Brady Act allows three business days for this purpose. If the information is not obtained within the three-business-day time frame and a final decision of proceed or deny is not made, the FFL has the option to legally transfer the firearm.
