A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth). The federally prohibiting criteria are as follows:
- A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
- Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
- An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
- A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
- A person who, being an alien, is illegally or unlawfully in the United States.
- A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
- A person dishonorably discharged from the United States Armed Forces.
- A person who has renounced his/her United States citizenship.
- The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
- A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
- A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.
The Privacy Act of 1974 restricts the dissemination of specific information to you via the telephone. Under the provisions of Title 28, United States Code, Sections 16.30 through 16.34, you can obtain a copy (for a fee) of any identification record the FBI may maintain on you by contacting the following unit at the address and telephone number provided:
Federal Bureau of Investigation
Criminal Justice Information Services Division
Attention: Correspondence Group, Module D-2
1000 Custer Hollow Road
Clarksburg, WV 26306
Telephone Number: (304) 625-5590
Submission Process
The local, state, tribal, and federal agencies are provided with two modes to add, modify, supplement, or cancel NICS Index entries.
The first mode is an electronic connection between the NICS and the contributing agency using the NCIC-Front End. An agency may use this interface to electronically submit, modify, supplement, cancel, or display a denied person’s disqualifying information in the NICS Index. The second mode is batch data transfer on CD, diskette, or by secure e-mail. The NICS Index entries, modifications, supplements, and cancellations are to be processed by the contributing agency since the contributing agency is responsible for the accuracy and validity of the NICS Index information. It is imperative to update the NICS Index as necessary to minimize erroneous denials. The contributing agency is responsible for responding to appeals, assessments, and audits of the submitted records.
In addition to local, state, tribal, and federal agencies voluntarily contributing information to the NICS Index, the NICS Section receives telephone calls from mental health institutions, psychiatrists, police departments, and family members requesting placement of individuals into the NICS Index. Frequently, these are emergency situations and require immediate attention. Any documentation justifying a valid entry into the NICS Index must be available to the originating agencies.
NICS Information
Customer Service1-877-FBI-NICS (324-6427)
Facsimile
1-888-550-6427
1-888-550-6427
Telecommunications Device for the Deaf (TDD)
1-877-NICS-TTY
1-877-NICS-TTY
NICS Website:www.fbi.gov/about-us/cjis/nics
***
Biden says Administration Doesn't Have Time to Prosecute People Who Lie on Background Checks
"We think it is problematic when the administration takes lightly the prosecutions under existing gun laws and yet does not seem to have a problem promoting a whole host of other gun laws," said Baker. "If we are not going to enforce the laws that are on the books, it not only engenders disrespect for the law but it makes law-abiding gun owners wonder why we are going through this exercise we are going through now."
Commenting on the administration's inability to prosecute persons who lie to obtain a firearm, NRA-ILA Executive Director Chris W. Cox said, "They don't have time to pursue people who are dangerous, who aren't supposed to get guns, and the message they have sent is literally 'Good luck, go get them elsewhere.' You can talk all you want," Cox continued, "but until there is a will to follow through, then it is literally just going to paper over the problem and guarantee that bad people continue to have access to firearms and good people will be blamed for it."
READ ALSO(Click on following link):
No comments:
Post a Comment