[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