Understanding The FBI Criminal Background Check System

Published on June 9, 2017
Duration: 4:41

This video explains the National Instant Criminal Background Check System (NICS) used by Federal Firearms Licensees (FFLs) in the United States. It details the historical context, starting with the 1968 Gun Control Act, and outlines the categories of individuals prohibited from purchasing firearms. The role of the 1993 Brady Act in mandating these checks is also discussed, along with state variations in NICS implementation and the 'approved, delayed, denied' outcomes.

Quick Summary

The National Instant Criminal Background Check System (NICS) is a federal system used by FFLs to check if individuals are legally prohibited from purchasing firearms. Established by the Gun Control Act of 1968 and mandated by the Brady Act of 1993, NICS checks for disqualifying factors like felony convictions or mental health adjudications.

Chapters

  1. 00:21Introduction to Background Checks
  2. 00:32What is NICS?
  3. 00:53The Gun Control Act of 1968
  4. 01:05Who Cannot Purchase Firearms
  5. 01:46Misdemeanor Domestic Violence Convictions
  6. 01:57The Brady Act of 1993
  7. 02:08State Point of Contact for NICS
  8. 02:35State Variations in NICS
  9. 02:52NICS Outcomes: Approved, Delayed, Denied
  10. 03:12Understanding the 3-Day Delay
  11. 03:25What Happens if Denied?
  12. 03:33Overturning a Denial
  13. 03:49Conclusion on the NICS Process

Frequently Asked Questions

What is the National Instant Criminal Background Check System (NICS)?

NICS is a federally mandated system used by Federal Firearms Licensees (FFLs) in the U.S. to conduct background checks on individuals seeking to purchase firearms. It helps determine if a buyer is legally prohibited from owning a gun based on federal and state laws.

What laws established the firearm background check system in the US?

The foundation for firearm background checks was laid by the Gun Control Act of 1968, which listed prohibited persons. The Brady Act of 1993 further mandated that FFLs conduct these checks, leading to the implementation of the NICS system in 1998.

Who is generally prohibited from purchasing firearms in the US?

Prohibited individuals include those convicted of felonies or crimes punishable by over a year in prison, fugitives, unlawful drug users, individuals adjudicated as mentally defective, undocumented immigrants, and those dishonorably discharged from the military, among others.

What are the possible outcomes of a NICS background check?

A NICS background check can result in an approval, a delay, or a denial. If delayed, the system has three business days to provide a final decision. If denied, the individual has a process to appeal or overturn the decision.

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