On Monday, September 26th, FFLS will now have two changes in the FBI NICS transaction procedure. One change relates to the NICS Denial Notification Act of 2022, while the other focuses on the Office of the Inspector General’s recommendation on checks for people residing out of state.
This NICS Denial Notification Act of 2022 is a big deal.
The second change, the NICS check for different people, is subject to age restrictions. While still infringement, it’s less likely to cause major issues.
The Redcoats Are Coming!
The NICS Denial Notification Act of 2022 demands that the FBI’s NICS notifies tribal, local, or state law enforcement of all denied transactions in under 24 hours.
When notifying law enforcement, the FBI must clearly outline the FFL’s location and buyer’s address if located in different areas.
What this means: If someone is denied a background check, law enforcement will be knocking on your door (the FFL) and your customer’s door.
FFLS will need to send NICS the buyer’s full address as noted on form 4473 to help the FBI determine the local agency to be notified in case of delayed or denied responses.
NICS will need the address to retrieve or provide the response status.
Out Of State Age Restrictions
At the time of initiating a background check for persons under 21 years and buyers from another state, the FFL will receive a prompted message request that says, “It is the responsibility of the federal firearms licensee to verify that the individual meets the basic age requirement in the state of residence and state of purchase pursuant to Title 18, United States Code, section 922 (b)(2).”
This is for out-of-state purchases.
The age of the individual MAY meet the federal age requirement to purchase the type of firearm selected, but STATE laws may be more restrictive. It is on you (the FFL) to ensure that this individual meets the age requirement for the state of purchase AND the state of residence.
If you (the FFL) agree, you can sell the firearm, and they’ll receive a NICS Transaction Number (NTN).
FFLS will get enough time to perform additional research on the prospective buyer and then re-initiate the transaction when satisfied with their findings.