Federally licensed firearms (FLF) dealers must now give the FBI personal addresses of individuals who unsuccessfully tried to buy a gun. In addition to requiring the data for people who are denied after trying to buy weapons, it is also requiring the addresses of people who had delayed transactions.
When someone tries to buy a firearm, they must complete a required form that sellers send to the FBI, which conducts a background check on the buyer to verify eligibility.
Individuals who receive a “Denied” status on their background checks after trying to buy a gun may have a state or federal firearm prohibition. That person may challenge the denial and/or apply to the Voluntary Appeal File.
A “Delayed” message means the FBI needs to do additional research to verify the person’s background, according to the FBI. “Our staff works closely with federal, state, local, and tribal law enforcement agencies and courts to verify eligibility,” the agency stated on its website.
Local law enforcement will be provided with denied or delayed transaction details by the FBI. Previously, gun dealers only had to give the purchaser’s state of residence.
The FBI requirement to report National Instant Criminal Background Check (NICS) denied transactions to state, local or tribal law enforcement within 24 hours became effective October 1. Notices to law enforcement will be made within 24 hours of the transaction denial, an FBI notice stated. If a denied transaction is later approved, the notified agencies will be sent another notice informing them of the status change.
When the feds inform local police about denied gun purchases, they will include the individual’s identity, denial reason, FLF location and the transaction timestamp.
Local authorities have been encouraged to contact the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) before taking action based on an NICS notification. The contact is requested to safeguard some required ATF investigations of certain buyers.
The federal NICS Denial Notification Act does not require local police to take any action after receiving the denial notices sent by the FBI. Nor will the NICS section ask police to take any action, according to an FBI statement.
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