OPEN LETTER TO ALL SOUTH CAROLINA FIREARMS LICENSEES
CORRECTION NOTICE
Original Letter
On November, 13, 1998, the Bureau of Alcohol, Tobacco
and Firearms (ATF) sent an open letter to all South Carolina Federal
Firearms licensees advising you of your responsibilities under the permanent
provisions of the Brady law. This letter advised you that the State
of South Carolina would act as the point of contact for background checks
through the National Instant Criminal Background Check System (NICS)
for all firearms transactions. The South Carolina Law Enforcement Division
has now notified ATF and the Federal Bureau of Investigation (FBI) that
they will cease operations as the NICS point of contact on September
30, 1999.
Therefore, beginning October 1, 1999, in order to initiate
a NICS check for any firearm, South Carolina licensees must contact
the FBIs NICS Operations Center by dialing
1-877-FBI-NICS (1-877-324-6427). Your call will be answered
by an automated menu that will allow you to select from several customer
services, including initiating a NICS background check.
Licensees must be enrolled with the FBI before they can
initiate NICS checks through the FBIs NICS Operations Center.
Licensees who are not currently enrolled are advised to do so upon receipt
of this letter. To enroll, call the NICS Operations Center at 1-877-444-NICS.
In addition, you are reminded that you should continue to contact the
South Carolina Law Enforcement Division for background checks through
September 30, 1999.
Also as a reminder, you must comply with the following
steps prior to transferring a firearm:
Have the transferee complete and sign ATF Form 4473, Firearms
Transaction Record.
Verify the identity of the transferee through a government-issued photo
identification (for example, a drivers license).
Contact NICS. You will get either a "proceed," "denied,"
or "delayed" response from the system. If you get a "delayed"
response, and there is no additional response from the system, you may
transfer the firearm after three business days have elapsed. Of course,
you must still comply with any waiting period requirements under State
law.
If you have initiated a NICS check for a proposed firearms transaction,
but the transfer of the firearm is not completed, you must retain the
Form 4473 in your records for a period of not less than 5 years. If
the transfer is completed, the Form 4473 must be retained for at least
20 years.
All other information contained in the November 13, 1998, letter is
correct. We apologize for any inconvenience this change may have caused.
Jimmy Wooten
Assistant Director
(Firearms, Explosives and Arson)