Brady Act Background Checks: >Page
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The First Seven Months
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Possible Outcomes of an NICS Background Check
A Brady Act gun buyer background check can have five possible outcomes.
Immediate Proceed
The check found no disqualifying information in the NICS and the sale or transfer can proceed subject to state imposed waiting periods or other laws. Of the 2,295,013 NICS checks done by the FBI during the first months of Brady, 73 percent returned "immediate proceed" results. Average time - 30 seconds.Delay
The other 27 percent of checks were delayed, because data outside of the NICS had to be found. When the needed data could be found electronically, delayed checks were typically completed in two hours. Ninety-five (95) percent of all NICS checks conducted during the first seven months of Brady Act implementation were completed in under two hours.Default Proceed
When an NICS check cannot be completed electronically (5 percent of all checks), the FBI must identify and contact state and local officials. The Brady act allows the FBI three "business" days to complete a background check. If the check cannot be completed in three business days, the sale or transfer may be completed although potentially disqualifying information might exist in the NICS. The dealer is not required to complete the sale and the FBI will continue to review the case for two more weeks. If the FBI discovers disqualifying information after three business days, they will contact the dealer to determine whether or not the gun was transferred under the "default proceed" rule.Retrieval
When the FBI finds that a dealer has transferred a gun to a prohibited person due to a "default proceed" situation, local law enforcement agencies and ATF are notified and an attempt is made to retrieve the gun and take appropriate action, if any, against the buyer. During the first seven months of NICS, 1,786 such retrievals were initiated.Denial
When the NICS check returns disqualifying information on the buyer, the transfer is denied. During the first seven months of NICS operation, the FBI blocked 49,160 gun sales to disqualified persons, a denial rate of 2.13 percent. The FBI estimates that a comparable number of sales have been blocked by state POCs.Reasons for NICS denials during the first seven months of operation broke down as follows:
- 76% - Criminal History for Felony
- 8% - Criminal History for Domestic Violence
- 6% - Criminal History for Other (Multiple DUIs, Non-NCIC Warrants, etc.)
- 3% - Criminal History for Drug Abuse
- 3% - Domestic Violence Restraining Order
Summary
From the inception of the Brady Act in March 1994 to November 1998,
approximately 312,000 handgun applications were rejected as a result of conventional
background checks. During the first month of the permanent provisions, the FBI conducted
506,554 background checks on potential firearm buyers. The State points of contact made an
additional 386,286 checks. (Source: Bureau of Justice Statistics)
During its first seven months of operation the NICS processed over 4.7 million background checks. Due to NICS checks, transfers of firearms were denied to over 100,000 felons, fugitives, and other prohibited persons. (Source: Federal Bureau of Investigation)
In addition, NICS background checks conducted by the FBI and the State POCs have led to the apprehension and arrest of several wanted felons.
For the Record
The Brady Handgun Violence Prevention Act -- H.R.
1025 -- was approved by the House of Representatives on November 10, 1993 by a roll call vote
of 238 - 189 and by the Senate on November 20, 1993 by a vote of 63 - 36. The Act
became Public Law Number 103-159 when signed
by President Clinton on November 30, 1993.
Instant Opinion Poll: Are the NICS background checks effective?
Additional Resources
Brady Handgun Violence Prevention Act
Complete text of the Act.
The Gun Control Act of 1986 as amended by the Brady Act
From Cornell University's United States Code online.
National Instant Criminal Background Check System Fact Sheet
Summary of the Brady Act Requirements and NICS from the FBIGun Control Laws
A compilation of gun laws and articles on gun control from your About.com Guide.
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