1110-AA35 202304 Unified Agenda of Federal Regulatory and Deregulatory Actions 1110 Federal Bureau of Investigation FBI 1100 Department of Justice DOJ Bipartisan Safer Communities Act - Criteria for NICS Background Checks of Firearms Handlers

The Bipartisan Safer Communities Act of 2022, in part, authorized federal firearm licensees (FFLs) to use the NICS for purposes of voluntarily conducting a background check on persons who consent in writing to the NICS check and are a current or prospective employee of the FFL. The FBI has determined the use of NICS for this purpose will be known as Firearm Handler Background Checks (FHC).  FHCs will be authorized for use with respect to persons who are, or will be, responsible for the transferring or handling of firearms on behalf of the FFL. FHCs will involve new responses from NICS to the FFL because use of NICS for FHCs will not involve the potential transfer of a firearm; and the suitability of a person for employment with the FFL is ultimately a decision for the FFL. Individuals who are the subject of an FHC and prohibited under 18 U.S.C. 922(g) or (n), or state law will have the same appeal rights and processes that currently exist for individuals denied a firearm transfer during a NICS background check. 

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 28 CFR 25 34 U.S.C. sec. 40901 18 U.S.C. sec. 922 18 U.S.C. sec. 921 Statutory Final 09/23/2022 90 days from date of passage, the Act passed on 6/25/2022 Congress has mandated "Not later than 90 days after the date of enactment of this paragraph, the Attorney General shall promulgate regulations allowing licensees to use the National Instant Criminal Background Check System (NICS) established under this section for purposes of voluntarily conducting an employment background check relating to a current or prospective employee." No NPRM 06/00/2023 No Businesses Governmental Jurisdictions Organizations Federal Local State Tribal No No No No Charles Klebe Assistant General Counsel 1110 Federal Bureau of Investigation FBI 304 625-2000 Criminal Justice Information Law Unit, Module C3, 1000 Custer Hollow Road, Clarksburg WV 26306