Buying a firearm involves more than just walking into a store and making a purchase. It involves a vital step designed to keep firearms out of the hands of those legally prohibited from owning them: the National Instant Criminal Background Check System, or NICS. This article dives deep into the NICS check process, specifically addressing the question of how far back the system delves into your past. Understanding this process is crucial for anyone considering purchasing a firearm and for those interested in the legal framework surrounding gun ownership in the United States.
Understanding the NICS Background Check
The NICS was created following the passage of the Brady Handgun Violence Prevention Act in 1993. This act mandated a waiting period for handgun purchases and directed the Attorney General to establish a national system for instantly checking the background of prospective firearm purchasers. The FBI launched the NICS in 1998, and it has since become the primary method for determining eligibility to buy a gun from a licensed dealer.
When you attempt to purchase a firearm from a licensed dealer (Federal Firearms Licensee or FFL), the dealer is required to contact the NICS. The dealer provides information about you (the potential buyer) and the firearm being purchased to the NICS. This information is then checked against various databases.
The core purpose of the NICS is to prevent certain individuals from acquiring firearms. These prohibited individuals include convicted felons, those with domestic violence restraining orders, individuals adjudicated as mentally defective, and others specifically defined by federal law. The NICS check aims to ensure that firearms don’t fall into the wrong hands.
The Databases Searched During a NICS Check
The NICS checks information against a variety of databases to determine if a potential buyer is prohibited from owning a firearm. The specific databases searched can vary, but generally include the following:
- The National Crime Information Center (NCIC): This is a comprehensive database containing information on wanted persons, missing persons, protection orders, and stolen vehicles, among other things. It is maintained by the FBI.
- The Interstate Identification Index (III): Also maintained by the FBI, the III is a national criminal history database containing records of arrests and convictions.
- The National Instant Criminal Background Check System (NICS) Indices: These indices contain information specifically related to firearms prohibitions, such as mental health adjudications and domestic violence convictions that might not be readily available in other databases.
- State and Local Databases: In addition to the federal databases, some states provide their own databases to the NICS, containing information relevant to firearm prohibitions within that specific state. These databases might include records of restraining orders, misdemeanor convictions that disqualify firearm ownership under state law, and mental health commitments.
The NICS relies on the accuracy and completeness of the information contained within these databases. Errors or omissions can sometimes lead to delays or incorrect denials, highlighting the importance of accurate record-keeping.
How Far Back Does NICS Look? The Scope of the Search
This is the crucial question: how far back does the NICS background check actually go? The short answer is: it depends on the type of record being checked.
There is no explicit time limit or “statute of limitations” for most disqualifying records. If a record exists that prohibits you from owning a firearm, regardless of how old it is, it can potentially trigger a denial. This means a felony conviction from 30 years ago can still prevent you from purchasing a firearm today.
Here’s a breakdown of how the NICS search duration works for different types of records:
Criminal History Records
The NICS background check incorporates the entire criminal history as recorded in the databases mentioned earlier. This includes:
- Felony Convictions: These are generally disqualifying regardless of age. Even convictions from decades ago can prevent a firearm purchase.
- Misdemeanor Convictions: Certain misdemeanor convictions, especially those related to domestic violence, can also trigger a denial, and their age doesn’t necessarily make them irrelevant.
- Outstanding Arrest Warrants: If you have an active arrest warrant, even for a relatively minor offense, it can potentially delay or deny your firearm purchase.
Keep in mind that the accuracy and completeness of these records are paramount. Errors can happen, and it’s crucial to have incorrect information corrected to avoid problems during a NICS check.
Mental Health Records
The NICS also checks for records related to mental health adjudications and commitments. This can be a complex and sensitive area.
- Adjudicated Mentally Defective: If you have been formally adjudicated as mentally defective by a court or other qualified authority, this can disqualify you from owning a firearm. The age of the adjudication generally doesn’t matter, unless it has been formally reversed or set aside.
- Involuntary Commitment to a Mental Institution: Being involuntarily committed to a mental institution can also trigger a denial. Again, the duration of the commitment or how long ago it occurred typically isn’t a factor, unless the commitment was successfully appealed or expunged.
It is important to understand the specific laws in your state regarding mental health records and firearm ownership. Some states have more restrictive laws than others.
Domestic Violence Records
The NICS specifically checks for records related to domestic violence, reflecting the importance of preventing firearms from reaching individuals with a history of domestic abuse.
- Conviction of a Misdemeanor Crime of Domestic Violence: Under federal law, conviction of a misdemeanor crime of domestic violence prohibits a person from owning a firearm. This prohibition is permanent, regardless of how long ago the conviction occurred.
- Restraining Orders: Active restraining orders or protective orders that specifically prohibit you from possessing a firearm will also trigger a denial. These orders typically have an expiration date, so once they expire, they no longer prevent a firearm purchase (unless other disqualifying factors exist).
The definition of “domestic violence” can vary by state, so it’s essential to understand the specific laws in your jurisdiction.
How Long Does a NICS Check Take?
While this article primarily focuses on how far back the NICS check goes, it’s relevant to touch upon the duration of the check itself. The term “instant” in National Instant Criminal Background Check System can be misleading. While some checks are processed very quickly (within minutes), others can take longer.
The NICS has three business days to determine if a potential buyer is eligible to purchase a firearm. If the NICS doesn’t respond within those three days, the dealer is legally permitted to transfer the firearm to the buyer in most states. This is known as a “default proceed.” However, some states have laws that require the dealer to wait longer than three days, or to receive an explicit approval from the NICS before transferring the firearm.
Delays can occur for various reasons, including:
- Similar Names: Common names can cause delays as the NICS examiner needs to carefully differentiate between individuals with similar identifying information.
- Incomplete or Inaccurate Records: If the information in the databases is incomplete or inaccurate, it can take longer to verify the potential buyer’s eligibility.
- High Volume of Checks: During periods of high firearm sales, the NICS can become overwhelmed, leading to longer processing times.
Correcting Errors in Your Record
If you believe that you were wrongly denied a firearm purchase due to an error in your record, you have the right to challenge the denial and have the record corrected. The process for doing so typically involves contacting the agency that maintains the record in question (e.g., the court that issued the conviction, the mental health facility where you were committed).
The NICS also has a process for appealing denials. You can submit a challenge to the NICS and provide documentation to support your claim that the denial was incorrect. This process can be time-consuming, but it’s an important right for individuals who believe they were wrongly denied.
State Laws and NICS Checks
It’s crucial to remember that state laws can supplement federal laws regarding firearm ownership and background checks. Some states have stricter laws than the federal government, requiring background checks for private gun sales or prohibiting certain types of firearms.
These state laws can also affect how far back the NICS check goes, as state databases may contain additional information relevant to firearm prohibitions that is not available in the federal databases.
Understanding both federal and state laws is essential for anyone considering purchasing a firearm. Consulting with a qualified attorney can help you navigate the complex legal landscape surrounding gun ownership.
In Conclusion
The NICS background check system is a crucial component of firearm regulation in the United States. While the term “instant” might be misleading, the system aims to quickly identify individuals prohibited from owning firearms and prevent them from making purchases. How far back the NICS check goes depends on the type of record being checked, but generally, there is no “statute of limitations” for disqualifying records. Felony convictions, certain misdemeanor convictions, mental health adjudications, and domestic violence restraining orders can all trigger a denial, regardless of how old they are. Understanding the scope of the NICS check and your rights as a potential firearm buyer is essential for navigating the legal landscape surrounding gun ownership. Always consult with a qualified legal professional for guidance on specific situations.
How long does the NICS system retain information about approved firearm transfers?
The National Instant Criminal Background Check System (NICS) does not retain records of approved firearm transfers. Federal law mandates that the identifying information of individuals who pass a NICS check and are subsequently permitted to purchase a firearm must be destroyed within 24 hours of the approval notification. This is designed to protect the privacy of law-abiding citizens and prevent the creation of a national gun registry, which is prohibited by federal law.
However, there are some exceptions. If a firearm transfer is delayed or denied due to a potential match in the NICS database, the information related to that transaction may be retained for a longer period. This allows the FBI to further investigate the potential disqualifying record and make a final determination. The retention period for these delayed or denied transactions varies depending on the specific circumstances and applicable regulations, but ultimately, the goal is to resolve the uncertainty and ensure that only individuals prohibited by law from possessing firearms are prevented from purchasing them.
What information is typically checked during a NICS background check?
During a NICS background check, the FBI or a state-designated point of contact searches various databases to determine if a potential firearm purchaser is prohibited from owning a firearm under federal or state law. These databases include the National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS Index, which contains information about individuals prohibited from owning firearms for reasons not found in the other two databases.
Specifically, the NICS check looks for records related to criminal history (including felony convictions, domestic violence convictions, and outstanding warrants), mental health adjudications, restraining orders related to domestic violence, dishonorable discharges from the military, and immigration status. It also checks whether the purchaser is a fugitive from justice or has been convicted of a crime that prohibits them from owning a firearm under federal or state law. The comprehensiveness of this search aims to prevent firearms from falling into the hands of individuals legally prohibited from possessing them.
Does a NICS check look at juvenile records?
The extent to which juvenile records are considered during a NICS background check depends on the specific laws of the state where the records originated and the nature of the offense. Federal law generally focuses on adult convictions; however, certain juvenile adjudications, particularly those involving violent crimes or offenses that would be felonies if committed by an adult, may be considered if they are accessible and meet specific criteria.
Many states have laws that protect the confidentiality of juvenile records, limiting their accessibility to law enforcement and other authorized entities. Even if a juvenile record exists, its inclusion in the NICS database is not automatic. The record must meet specific federal criteria, such as being related to a crime that, if committed by an adult, would disqualify the individual from owning a firearm. The determination of whether a specific juvenile record is accessible and disqualifying is complex and varies depending on jurisdiction.
How does mental health history factor into a NICS check?
Mental health history is a significant factor in a NICS background check. Federal law prohibits individuals who have been adjudicated as mentally defective or committed to a mental institution from owning firearms. This information, if properly reported to the NICS database, will prevent a firearm transfer.
It’s crucial to understand that simply seeking mental health treatment or being diagnosed with a mental health condition does not automatically disqualify someone from owning a firearm. The disqualification arises from a formal adjudication by a court or involuntary commitment to a mental institution. The reporting of mental health information to the NICS database is governed by state laws, and the specific criteria for reporting and disqualification vary across different states. The goal is to prevent individuals with a documented history of dangerousness due to mental illness from possessing firearms.
What happens if a NICS check is delayed?
When a NICS check is delayed, it means the FBI needs more time to research the applicant’s background and determine their eligibility to purchase a firearm. This typically occurs when the applicant’s name or other identifying information matches a record in the NICS database, requiring further investigation to confirm whether the applicant is indeed the same individual and subject to the disqualifying factors.
Federal law allows the firearm dealer to transfer the firearm to the applicant if the NICS check remains delayed for more than three business days. This is known as a “default proceed.” However, the dealer is not obligated to transfer the firearm and may choose to wait for a final determination from the FBI. If the FBI subsequently determines that the applicant is prohibited from owning a firearm, they will notify the dealer and law enforcement, who may then attempt to retrieve the firearm from the purchaser.
Are private gun sales subject to NICS checks?
The requirement for NICS checks in private gun sales varies significantly by state. Federal law only mandates licensed firearm dealers to conduct NICS checks. However, many states have enacted laws that require private sellers to conduct a NICS check on the prospective buyer, often through a licensed dealer, before completing the sale. These laws are often referred to as “universal background check” laws.
In states without universal background check laws, private gun sales may occur without a NICS check. This creates a potential loophole, as individuals prohibited from owning firearms under federal law could potentially acquire them through private sales without undergoing a background check. The legality of private gun sales and the requirement for NICS checks are complex and subject to ongoing legislative debate and legal challenges at both the state and federal levels.
How can someone challenge a NICS denial?
Individuals who are denied a firearm purchase based on a NICS check have the right to challenge the denial. The process for doing so involves contacting the NICS Section of the FBI and requesting information about the reason for the denial. The FBI will then provide information, if permitted by law, and outline the steps for appealing the decision.
The appeal process typically involves submitting documentation to demonstrate that the individual is not prohibited from owning a firearm. This may include court records, mental health evaluations, or other relevant information. The FBI will review the submitted documentation and make a final determination. If the individual is still denied, they may have the option to pursue further legal action, such as filing a lawsuit in federal court, to challenge the denial.