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Nics background system explained better
shootuadeal
Member Posts: 5,303 ✭✭✭✭
Seems like we have been getting a lot more people asking questions about the NICS system and how the process works out. Everytime that comes around many people will give their personal experience with it however that experience can be much different depending on the state.
Check out this picture showing which states and how FFL holders go through background checks. The small majority of the states in Green use the NICS system for all transactions. The Red states use a State check for all transactions. The Blue use a state check for handguns and the NICS check for long guns. The Yellow states use the NICS check for long guns.
For the Green states above all transactions and the Blue and Yellow states for long guns they will use the NICS system. The NICS system is a National Instant Criminal history Search. It is a collaboration between the ATF and the FBI with the FBI actually doing the background checks. FFL Holders can either call the checks in or punch them in on the LEEP website. They call it the "Instant Search" because when your information is ran
it works on a system of "hits", if something like your name or social
security makes a "hit" it has detected something on your record. When a check is initiated there are 3 possible outcomes:
1. Proceed
If there is no hits it goes instantly to a proceed and you take your gun. If there is hit it will go into "further review" if calling or "researching" if on computer. That means the system detected something that they need a live person to look at, research and make a determination. At this point it could go either way, normal time is 2-5 minutes, when things are busy it could be as long as 30 minutes, at that point I believe there is a cut off if no one looks at it in a certain time it just times out and goes to a Delay. If the "hit" that caused a further review is something easily looked and able to tell it was a false hit (like a common name) it will be a proceed. If its something they need to look at further it will be a delay. The vast majority or our sales come back an instant proceed.
2. Delay
Delay means they they need to look at something further. A good example of this would be someones history showed a DUI and they are checking to see if he is prohibited from owning firearms while on probation or the person has a felony that closes as a misdemeanor if conditions are met, etc. Usually a delay takes 1 to 3 days. After 3 business days a and no response an FFL can choose whether to transfer it or not. the majority of the time they provide a response within a day or two of either a proceed or deny.
3. Deny
Self explanatory, instant Denies are rare, most often it is a Delay followed by a Deny later on. Denies in general are rare, most people that can't pass a background check know that and don't even try.
This is a great video that outlines basically what I stated above with flow charts, it is 12 minutes long but if you wish to skip the history lesson of gun control just skip to about 4 minutes in.
https://www.youtube.com/watch?v=CC79ztRERQgSome states allow FFLs to take Concealed Weapons Permits in place of doing a NICS check which you can then bypass the check altogether. Even if the state allows it some FFLs will not do that and will still conduct a NICS check. It is up to the dealer but most will take the permit in place of the check. According to the picture I posted above 25 out of all the states and territories allow this. They are denoted with an * on the map above.
Sorry for the super long post, I just thought I would put this together to try get everyone on the same page about how the whole system works. All of the above is "instrastate" only, meaning a person buying the gun in a state they are a resident of. Again, buying guns in others states is a complicated mess. I did I write up about that awhile back, here it is:
Thanks for reading and I hope you found some value in this post.
Comments
Thanks guys. Hopefully people will notice it up in the stickies, I'm honored that one of my contributions is deemed helpful enough to be a sticky.
Looks like a state check for handguns and Federal Nics check for long guns.
Great info! I think a lot of people could use a good education on how these systems work
James
There was also the springfield scout M6 now discontinued still see them once in awhile at gun shows
Excellent review of the "background check" system. We will be hearing a lot more about "background checks" for firearm purchases, in the coming months, so I'll point out a few details which are important.
Generally, when politicians talk about requiring "background checks" for all firearm transactions, they are NOT talking about having every buyer -- whether buying from an FFL or a private party -- go through the NICS.
The NICS does not keep a record (it is prohibited, by law) of the make, model, or serial number of the firearm being purchased or transferred. The only information about the firearm NICS collects is whether it is a handgun or long gun.
The information about the firearm itself, along with the person purchasing it, is on the FFL's Form 4473. The FFL keeps this information and must reveal this information to law enforcement any time it is requested. When the FFL goes out of business, the record of all the transactions he conducted is turned over to the ATF.
Effectively, every firearm produced and sold since 1968 (when the current dominating laws were put into place) has a record of who the original purchaser was, that is either in the hands of the ATF, or accessible by the ATF (as the ATF can request that information from the FFL who sold the firearm).
That "record" the ATF has is not "complete" because many of the firearms have changed hands from the original purchaser (as far back as 1968). The original purchaser may have died and the firearm went to heirs (where it can actually cross state lines with no records being created); where legal, the original purchaser could have sold the firearm in a "private sale." There are also millions of firearms that were produced prior to 1968 that have only been placed "on record" if they were sold/transferred through an FFL where they were recorded on a Form 4473. In total, there are likely tens of millions of firearms in the hands of private citizens that the government has no clue where they actually are or who owns them.
When certain politicians call for "background checks for every firearm transaction" what they actually want is a Form 4473 filled out every time a firearm changes hands -- this creates a permanent record (kept with the FFL and eventually turned over to the ATF) of every firearm and every CURRENT owner. The "background check" -- using the Form 4473 -- is really a back door way to create a COMPLETE gun "registration" record.
"Background checks for every firearm transaction" COULD be done by making the NICS available to any private citizen selling or transferring a firearm to another person -- and the seller would be sure the receiving person was not in anyway prohibited from firearm ownership, but those pushing for "universal background checks" do NOT want this; they want every firearm transfer to be done through an FFL and be put on a Form 4473.
This is a little off the topic of just explaining how the NICS operates, but considering what we will be hearing in the coming months about "background checks" it's important that people understand what a required "background check" really is as proposed by those who are pushing for it for every firearm transfer.
Is there an easy way to determine if your state (Wisc.) by passes the background check if one has a "right to carry" permit?
According to the picture above, no, a NICS check will have to be conducted.
Thank you
Nice job Lance...
Please update info if/ as needed. Thank you. @shootuadeal
Excellent info, thank you!
Mike Reno