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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 

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. 

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:
Action Source Description Date
Final  Statutory  90 days from date of passage, the Act passed on 6/25/2022  09/23/2022 

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."

Action Date FR Cite
NPRM  11/00/2023 
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