For
Immediate Release
April
19, 2007
|
Washington
D.C.
FBI National Press Office
(202) 324-3691
|
Response
to Inquiries on the FBI's National Instant Criminal Background
Check System
The
Brady Handgun Violence Prevention Act of 1993 required
the Attorney General to establish the National Instant Criminal
Background Check System (NICS). This name check system is
utilized by Federal Firearms Licensees to conduct background
checks on potential buyers of firearms or explosives. The
purpose of the background check is to ensure national security
and public safety by providing the timely determination
of a person's eligibility to possess firearms or explosives
in accordance with the federal law.
The
NICS interfaces with the National Crime Information Center
(NCIC) and the Interstate Identification Index (III). Descriptive
data provided by the perspective buyer is searched and verified
against records in NCIC, III, and the NICS index. The NICS
contains records, provided by federal and state agencies,
on individuals who have been (a) dishonorably discharged
from the Armed Forces; (b) are unlawful users of or addicted
to a controlled substance; (c) have been adjudicated as
a mental defective or been committed to a mental institution;
(d) are illegal or unlawful aliens; or (e) have renounced
their U.S. citizenship. In addition, the NICS automatically
checks criminal history records to identify convicted felons
and those convicted of misdemeanor crimes of domestic violence
and also checks NCIC files for active wanted persons, protection
orders, and deported felons.
There
are six categories for entry into the NICS, two of which
are related to individuals determined to be "mental
defectives." These files are the Mental Defective File
and the Denied Persons File. Currently, 22 states1
submit mental health information to the NICS Index through
these two files.
In
accordance with regulations set forth by the Brady Law,
specific information must be provided to the NICS Index,
including supporting documentation to prove an individual
was adjudicated as a mental defective or involuntarily committed
for treatment. If state legislation or privacy laws prohibit
the sharing of mental health information, states can provide
information for inclusion in the Denied Persons File of
NICS with no specifics on the mental health issue. The Denied
Persons File also includes convictions not in the NCIC or
III, indictments and informations, warrants, misdemeanor
crimes of domestic violence and protection orders.
As
of April 1, 2007, the Commonwealth of Virginia has entered
over 80,000 mental health records into the NICS index, along
with over 104,000 into the Denied Persons File. In addition,
Virginia is the leading state in reporting mental defective
entries for the NICS index.
On
August 24, 2006, the FBI released its annual report highlighting
the performance of the NICS. According to the report, from
NICS inception on November 30, 1998 to December 31, 2005,
over 62 million background checks have been conducted. As
of December 31, 2005, nearly four million prohibiting records
were maintained in the NICS Index.
More
Resources:
- 2005
NICS annual report
- NICS
Brochure
- NICS website
1
Alabama,
Arizona, Arkansas, California, Colorado, Florida, Iowa,
Kansas, Kentucky, Maryland, Michigan, Missouri, New Hampshire,
New York, North Carolina, Ohio, South Carolina, Tennessee,
Utah, Virginia, Washington and Wyoming
| Press Releases | FBI
Home Page |