| Chapter 11
Background Check System
By David J. Krajicek
In 1998, the waiting period provision of the Brady Act was replaced by the National Instant Criminal Background Check System (NICS).
Before selling a weapon, firearms dealers use the NICS computerized system to determine whether the prospective buyer is banned by law from purchasing a gun. Typically, the check takes a few minutes.
The FBI, which administers NICS, says the denial rate is about 2 percent. Thirty states use the federal system. Thirteen states have their own background check systems, and the others use a combination of information from federal, state and local databases.
The roster of those banned from firearms purchases has been expanded--beyond those prohibited in the Gun Control Act of 1968--to include illegal aliens, those who have renounced U.S. citizenship, anyone dishonorably discharged from the military and those convicted of domestic violence.
The NICS system is located at the FBI’s information and electronic data facility in Clarksburg, W.V. A few statistics:
- From its inception on Nov. 30, 1998, through Dec. 31, 2005, the system conducted 62 million background checks. It averages about 9 million checks per year.
- The checks can be done by phone or computer. In 2005, the 9 million inquires were completed in an average of 95 seconds.
- At the end of 2005, the system included about 4 million “denial documents.” NICS denied 473,433 firearm transfers that year, a denial rate of less than 2 percent.
More Information:
(These Websites have detailed information about the history of NICS, state participation in the program and such things as the reasons for gun sale denials, but much of the reporting is 2 years old.)
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