[Title 28 CFR 25.9]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 25 - DEPARTMENT OF JUSTICE INFORMATION SYSTEMS]
[Subpart A - The National Instant Criminal Background Check System]
[Sec. 25.9 - Retention and destruction of records in the system.]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01false25.9Sec. 25.9JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEDEPARTMENT OF JUSTICE INFORMATION SYSTEMSThe National Instant Criminal Background Check System
Sec. 25.9  Retention and destruction of records in the system.

    (a) The NICS will retain NICS Index records that indicate that 
receipt of a firearm by the individuals to whom the records pertain 
would violate Federal or state law. The NICS will retain such records 
indefinitely, unless they are canceled by the originating agency. In 
cases where a firearms disability is not permanent, e.g., a 
disqualifying restraining order, the NICS will automatically purge the 
pertinent record when it is no longer disqualifying. Unless otherwise 
removed, records contained in the NCIC and III files that are accessed 
during a background check will remain in those files in accordance with 
established policy.
    (b) The FBI will maintain an automated NICS Audit Log of all 
incoming and outgoing transactions that pass through the system.
    (1) The NICS Audit Log will record the following information: type 
of transaction (inquiry or response), line number, time, date of 
inquiry, header, message key, ORI, and inquiry/response data (including 
the name and other identifying information about the prospective 
transferee and the NTN). In cases of allowed transfers, all information 
in the NICS Audit Log related to the person or the transfer, other than 
the NTN assigned to the transfer and the date the number was assigned, 
will be destroyed after not more than 90 days after the transfer is 
allowed. NICS Audit Log records relating to denials will be retained for 
10 years, after which time they will be transferred to a Federal Records 
Center for storage. The NICS will not be used to establish any system 
for the registration of firearms, firearm owners, or firearm 
transactions or dispositions, except with respect to persons prohibited 
from receiving a firearm by 18 U.S.C. 922 (g) or (n) or by state law.
    (2) The NICS Audit Log will be used to analyze system performance, 
assist users in resolving operational problems, support the appeals 
process, or support audits of the use of the system. Searches may be 
conducted on the Audit Log by time frame, i.e., by day or month, or by a 
particular state or agency. Information in the NICS Audit Log pertaining 
to allowed transfers may be accessed directly only by the FBI for the 
purpose of conducting audits of the use and performance of the NICS. 
Permissible uses include extracting and providing information from the 
NICS Audit Log to ATF in connection with ATF's inspections of FFL 
records, provided that ATF destroys the information about allowed 
transfers within the retention period for such information set forth in 
paragraph (b)(1) of this section and maintains a written record 
certifying the destruction. Such information, however, may be retained 
as long as needed to pursue cases of identified misuse of the system. 
The NICS, including the NICS Audit Log, may not be used by any 
Department, agency, officer, or employee of the United States to 
establish any system for the registration of firearms, firearm owners, 
or firearm transactions or dispositions. The NICS Audit Log will be 
monitored and reviewed on a regular basis to detect any possible misuse 
of the NICS data.
    (c) The following records in the FBI-operated terminals of the NICS 
will be subject to the Brady Act's requirements for destruction:
    (1) All inquiry and response messages (regardless of media) relating 
to a background check that results in an allowed transfer; and
    (2) All information (regardless of media) contained in the NICS 
Audit Log relating to a background check that results in an allowed 
transfer.
    (d) The following records of state and local law enforcement units 
serving as POCs will be subject to the Brady Act's requirements for 
destruction:

[[Page 431]]

    (1) All inquiry and response messages (regardless of media) relating 
to the initiation and result of a check of the NICS that allows a 
transfer that are not part of a record system created and maintained 
pursuant to independent state law regarding firearms transactions; and
    (2) All other records relating to the person or the transfer created 
as a result of a NICS check that are not part of a record system created 
and maintained pursuant to independent state law regarding firearms 
transactions.

[Order No. 2186-98, 63 FR 58307, Oct. 30, 1998, as amended by Order No. 
2354-2001, 66 FR 6474, Jan. 22, 2001]