The Brady Handgun Violence Prevention Act of 1994 is a federal law requiring that all prospective purchasers of firearms be approved through an "instant background check." The background check is performed by licensed gun dealers using a telephone or computer through the National Instant Criminal Background Check System (NICS). To accomplish this, the NICS Operations Center searches three separate databases:

• The NICS Index, which contains records on persons known to be disqualified under federal law from possession of firearms;
  
  
• the National Crime Information Center, a computerized information system of criminal justice data established by the FBI, which contains records on protective orders, deported felons, and fugitives from justice; and
  
  
• the Interstate Identification Index, which contains criminal history records.

Possible results of a Brady Act background check can be:

• "Proceed" means that no disqualifying or negative information is in the system to indicate that a firearm purchase would be unlawful and the transaction may proceed.
  
  
• "Denied" means that the purchase would be unlawful and prohibits the FFL from transferring the firearm to the purchaser.
  
  
• "Delayed" means that the transferee must delay the transaction until contacted again by NICS or 3 business days have elapsed. 10 If NICS does not provide a response after 3 business days, the FFL may transfer the firearm.