[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR25.2]

[Page 442-444]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 25_DEPARTMENT OF JUSTICE INFORMATION SYSTEMS--Table of Contents
 
     Subpart A_The National Instant Criminal Background Check System
 
Sec. 25.2  Definitions.

    Appeal means a formal procedure to challenge the denial of a firearm 
transfer.
    ARI means a unique Agency Record Identifier assigned by the agency 
submitting records for inclusion in the NICS Index.
    ATF means the Bureau of Alcohol, Tobacco, and Firearms of the 
Department of Treasury.
    Audit log means a chronological record of system (computer) 
activities that enables the reconstruction and examination of the 
sequence of events and/or changes in an event.
    Business day means a 24-hour day (beginning at 12:01 a.m.) on which 
state offices are open in the state in which the proposed firearm 
transaction is to take place.
    Control Terminal Agency means a state or territorial criminal 
justice agency recognized by the FBI as the agency responsible for 
providing state-or territory-wide service to criminal justice users of 
NCIC data.

[[Page 443]]

    Data source means an agency that provided specific information to 
the NICS.
    Delayed means the response given to the FFL indicating that the 
transaction is in an ``Open'' status and that more research is required 
prior to a NICS ``Proceed'' or ``Denied'' response. A ``Delayed'' 
response to the FFL indicates that it would be unlawful to transfer the 
firearm until receipt of a follow-up ``Proceed'' response from the NICS 
or the expiration of three business days, whichever occurs first.
    Denied means denial of a firearm transfer based on a NICS response 
indicating one or more matching records were found providing information 
demonstrating that receipt of a firearm by a prospective transferee 
would violate 18 U.S.C. 922 or state law.
    Denying agency means a POC or the NICS Operations Center, whichever 
determines that information in the NICS indicates that the transfer of a 
firearm to a person would violate Federal or state law, based on a 
background check.
    Dial-up access means any routine access through commercial switched 
circuits on a continuous or temporary basis.
    Federal agency means any authority of the United States that is an 
``Agency'' under 44 U.S.C. 3502(1), other than those considered to be 
independent regulatory agencies, as defined in 44 U.S.C. 3502(10).
    FFL (federal firearms licensee) means a person licensed by the ATF 
as a manufacturer, dealer, or importer of firearms.
    Firearm has the same meaning as in 18 U.S.C. 921(a)(3).
    Licensed dealer means any person defined in 27 CFR 178.11.
    Licensed importer has the same meaning as in 27 CFR 178.11.
    Licensed manufacturer has the same meaning as in 27 CFR 178.11.
    NCIC (National Crime Information Center) means the nationwide 
computerized information system of criminal justice data established by 
the FBI as a service to local, state, and Federal criminal justice 
agencies.
    NICS means the National Instant Criminal Background Check System, 
which an FFL must, with limited exceptions, contact for information on 
whether receipt of a firearm by a person who is not licensed under 18 
U.S.C. 923 would violate Federal or state law.
    NICS Index means the database, to be managed by the FBI, containing 
information provided by Federal and state agencies about persons 
prohibited under Federal law from receiving or possessing a firearm. The 
NICS Index is separate and apart from the NCIC and the Interstate 
Identification Index (III).
    NICS operational day means the period during which the NICS 
Operations Center has its daily regular business hours.
    NICS Representative means a person who receives telephone inquiries 
to the NICS Operations Center from FFLs requesting background checks and 
provides a response as to whether the receipt or transfer of a firearm 
may proceed or is delayed.
    NRI (NICS Record Identifier) means the system-generated unique 
number associated with each record in the NICS Index.
    NTN (NICS Transaction Number) means the unique number that will be 
assigned to each valid background check inquiry received by the NICS. 
Its primary purpose will be to provide a means of associating inquiries 
to the NICS with the responses provided by the NICS to the FFLs.
    Open means those non-canceled transactions where the FFL has not 
been notified of the final determination. In cases of ``open'' 
responses, the NICS continues researching potentially prohibiting 
records regarding the transferee and, if definitive information is 
obtained, communicates to the FFL the final determination that the check 
resulted in a proceed or a deny. An ``open'' response does not prohibit 
an FFL from transferring a firearm after three business days have 
elapsed since the FFL provided to the system the identifying information 
about the prospective transferee.
    ORI (Originating Agency Identifier) means a nine-character 
identifier assigned by the FBI to an agency that has met the established 
qualifying criteria for ORI assignment to identify the agency in 
transactions on the NCIC System.

[[Page 444]]

    Originating Agency means an agency that provides a record to a 
database checked by the NICS.
    POC (Point of Contact) means a state or local law enforcement agency 
serving as an intermediary between an FFL and the federal databases 
checked by the NICS. A POC will receive NICS background check requests 
from FFLs, check state or local record systems, perform NICS inquiries, 
determine whether matching records provide information demonstrating 
that an individual is disqualified from possessing a firearm under 
Federal or state law, and respond to FFLs with the results of a NICS 
background check. A POC will be an agency with express or implied 
authority to perform POC duties pursuant to state statute, regulation, 
or executive order.
    Proceed means a NICS response indicating that the information 
available to the system at the time of the response did not demonstrate 
that transfer of the firearm would violate federal or state law. A 
``Proceed'' response would not relieve an FFL from compliance with other 
provisions of Federal or state law that may be applicable to firearms 
transfers. For example, under 18 U.S.C. 922(d), an FFL may not lawfully 
transfer a firearm if he or she knows or has reasonable cause to believe 
that the prospective recipient is prohibited by law from receiving or 
possessing a firearm.
    Record means any item, collection, or grouping of information about 
an individual that is maintained by an agency, including but not limited 
to information that disqualifies the individual from receiving a 
firearm, and that contains his or her name or other personal 
identifiers.
    STN (State-Assigned Transaction Number) means a unique number that 
may be assigned by a POC to a valid background check inquiry.
    System means the National Instant Criminal Background Check System 
(NICS).

[Order No. 2186-98, 63 FR 58307, Oct. 30, 1998, as amended by Order No. 
2727-2004, 69 FR 43900, July 23, 2004]