NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM Meaning and
Definition
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The National Instant Criminal Background Check System (NICS) is a comprehensive database and background check system used to determine the eligibility of individuals to possess or purchase firearms in the United States. It is maintained by the Federal Bureau of Investigation (FBI) and was established by the Brady Handgun Violence Prevention Act of 1993.
NICS functions as an electronic tool that provides instant and automated access to various records from federal, state, and local agencies, ensuring that firearms are not sold to prohibited individuals. It primarily operates by checking the prospective buyer's criminal history records for any disqualifying factors that would prevent them from legally owning a firearm. Such disqualifications typically include felony convictions, certain domestic violence offenses, restraining orders, mental health adjudications, and other legal restrictions depending on the jurisdiction.
The system works by licensed firearm dealers contacting the FBI or designated state point of contact via a toll-free telephone number or an electronic inquiry through the Internet to initiate a background check. The NICS then searches its extensive database, cross-referencing the information provided against various records to determine if any prohibitions exist.
The NICS database is constantly updated with current information from multiple sources, such as the FBI's criminal history records, the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) database, and state and local criminal history repositories. By creating a centralized system for background checks, NICS helps ensure the safety of firearms transactions and contributes to the prevention of illegal firearms sales and transfers.
