[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13328]


[[Page Unknown]]

[Federal Register: June 1, 1994]


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DEPARTMENT OF JUSTICE

Office of the Attorney General
[AG Order No. 1882-94]

 

National Instant Criminal Background Check System

AGENCY: Department of Justice.

ACTION: Notice.

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SUMMARY: Under section 103(b) of the Brady Handgun Violence Prevention 
Act (Brady Act), Public Law 103-159, Title I, 107 Stat. 1536 (to be 
codified at 18 U.S.C. 922), the Attorney General is required by 
November 30, 1998, to establish a national instant criminal background 
check system (NICS). The NICS must be able to supply information 
immediately regarding whether receipt of a firearm by a prospective 
transferee would violate section 922 of Title 18, United States Code, 
or state law. Under section 103(a)(1) of the Brady Act, the Attorney 
General is required by June 1, 1994, to determine the type of computer 
hardware and software that will be used to operate the NICS and the 
means by which state criminal records systems and the telephone or 
electronic device of licensees will communicate with the national 
system. Under section 103(a)(3) of the Brady Act, the Attorney General 
is also required by June 1, 1994, to notify each state of these 
determinations.
    This notice by the Attorney General provides the required 
information concerning the NICS to each state. It explains how the NICS 
will operate, how states will interface with the federal segment of the 
NICS, and how licensees will communicate with the NICS. Technological 
advances can be expected in the course of NICS development. Therefore, 
additional detailed information may be published regarding hardware and 
software for the NICS before its establishment. Final functional 
specifications for the NICS will be developed and published to enable 
the system to be operational by November 30, 1998. Regulations 
detailing the duties and obligations of the federal, state, and local 
agencies responsible for NICS development and operation, including 
security and privacy of the information contained in the system, will 
be published in the future.

EFFECTIVE DATE: This determination is effective on June 1, 1994.

FOR FURTHER INFORMATION CONTACT:
Virgil L. Young, Jr., Chief, Programs Development Section, Criminal 
Justice Information Services Division, Federal Bureau of Investigation, 
room 11854, 10th Street and Pennsylvania Avenue, NW., Washington, DC 
20537-9700, (202) 324-5084.

Notice of Determination

    As required of me as Attorney General under section 103(a)(1) of 
the Brady Handgun Violence Prevention Act, I hereby determine that the 
NICS will include information from all of the states and the federal 
government, concerning whether receipt of a firearm by a prospective 
transferee would violate section 922 of Title 18, United States Code, 
or state law. A ``state segment'' of the NICS will consist of 
information provided at the state and local levels, and a ``federal 
segment'' will contain information from federal agencies. All 
background checks initiated by federal firearms licensees will go 
through the appropriate state or local law enforcement information 
system, as determined by the state, to reach the federal segment of the 
NICS.
    The NICS will build upon existing information systems. One of these 
systems is the National Crime Information Center (NCIC) Interstate 
Identification Index, which includes state as well as federal criminal 
history records. Another is the future Integrated Automated Fingerprint 
Identification System of the Federal Bureau of Investigation (FBI), 
which when completed will provide the foundation for remote positive 
identification capabilities to state and local agencies. Records on 
wanted persons are currently available through NCIC. Other possible 
federal data files include Department of Defense records on persons who 
have been dishonorably discharged, Veterans Affairs Department records 
on mental commitments, Immigration and Naturalization Service records 
on illegal aliens, and Department of State records on individuals who 
have renounced their U.S. citizenship. The Department of Justice 
intends to secure such information directly from those agencies for 
inclusion in the federal segment of the NICS pursuant to section 
103(e)(1) of the Brady Act.
    All criminal records provided through the NICS will be supported by 
fingerprints. Some means of identification also will be associated with 
any other information included in the NICS. Fingerprints will be 
included with this information whenever possible.
    The NICS itself will not approve or deny the transfer of a firearm. 
The NICS cannot by itself resolve important questions of fact and 
interpretation. Rather, a representative of a state or local criminal 
justice agency in the state where the firearm transaction is proposed 
to occur will make this decision.
    There are several reasons why the state or local agency should make 
this determination. First, many individuals have the same names, and 
some individuals use several names. Before denial of a firearm 
transaction, there must be a determination that the prospective 
transferee is the same individual associated by the NICS with 
disqualifying information. The system cannot decide such questions of 
identity on its own. Second, information provided by the NICS may 
require interpretation. For instance, some information could represent 
a violation of the laws of one state but not another. Third, state and 
local agencies have disqualifying information that does not lend itself 
to storage or indexing at the federal level. An example is the observed 
use of illegal drugs in the absence of an arrest. Finally, because of 
state confidentiality laws and other restrictions, in some states, only 
state officials may review some of the records needed to make 
disqualification determinations. These restrictions apply, for example, 
to information about commitments to mental institutions. States and 
localities will use any relevant disqualifying information that they 
have in their files when making decisions concerning approval or denial 
of a firearm transaction.
    Background checks from federal firearms licensees will go first to 
the state segment, possibly through local agencies, at the discretion 
of the state. States and localities may deny a firearm transaction 
without contacting the federal segment of the NICS if they find 
information in their own data files that disqualifies the prospective 
transferee. If no disqualifying information is found in state or local 
data files, the state will transmit the background check to the federal 
segment.
    State information systems will communicate with the federal segment 
directly via their NCIC interface. Each state will determine the 
specific electronic means and procedures needed by the licensees in 
that state to access the state segment and the federal segment through 
the state. States will offer telephonic access at a minimum, and may 
offer other electronic means of access in addition to the telephone. If 
the state system allows automated access, then training for licensees 
will be provided by the state.
    As part of the notification that the NICS is operational (by 
November 30, 1998), the Attorney General will inform licensees of any 
access options and interface requirements for the NICS that are 
available within their states. Licensees will not be required to use 
expensive equipment to access the federal segment.
    The FBI will supervise the development and use of information in 
the federal segment for background checks with the full cooperation and 
support of other federal agencies having data files with potentially 
disqualifying information. The FBI will develop one consolidated 
federal response to a request for a background check. The response will 
be either (1) a notification that no information was found about the 
prospective transferee in the federal segment, or (2) a list that 
summarizes any potentially disqualifying information found in the 
federal segment, with a brief description of the person to whom the 
information relates. The FBI will provide this response to the state 
that requested the background check within 30 seconds of receiving that 
state's request. If a part of the federal response is unavailable 
within that time, then the consolidated response will identify the 
specific file information that is not yet available. The FBI will 
thereafter send the missing information to the state as soon as it is 
available.
    A state of local agency representative where the firearm 
transaction is to occur will determine whether the transaction is (1) 
approved, (2) denied, or (3) ``not approved at this time because part 
of the background check has not been completed.'' The state or local 
agency will communicate only this determination to the licensee, and 
not the information leading to the determination.
    The use of any state or federal information in the NICS will be 
supervised and administered exclusively by criminal justice agencies. 
State will use security measures to ensure the integrity of the NICS, 
such as licensee terminal restrictions, telephone call-back, and caller 
ID. States will assign a unique transaction number for each approval 
and denial of a firearm transaction.
    The Attorney General intends to provide access to appropriate 
information in the NICS for purposes of carrying out the Brady Act, and 
does not intend to charge for such access provided that there are 
sufficient appropriations. State and local agencies may, however, in 
accordance with their statutes, charge discretionary fees to recover 
their costs for background checks.

    Dated: May 26, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-13328 Filed 5-31-94; 8:45 am]
BILLING CODE 4410-01-M