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DOJ/FBI | RIN: 1110-AA35 | Publication ID: Fall 2023 |
Title: Bipartisan Safer Communities Act of 2022 -- Criteria for National Instant Criminal Background Check System (NICS) Background Checks of Firearms Handlers | |
Abstract:
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. |
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Agency: Department of Justice(DOJ) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 28 CFR 25 | |
Legal Authority: 34 U.S.C. sec. 40901 18 U.S.C. sec. 922 18 U.S.C. sec. 921 |
Legal Deadline:
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Overall Description of Deadline: 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." |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Charles Klebe Assistant General Counsel Department of Justice Federal Bureau of Investigation Criminal Justice Information Law Unit, Module C3, 1000 Custer Hollow Road, Clarksburg, WV 26306 Phone:304 625-2000 |