Open Letter to All Massachusetts Federal Firearms Licensees
Permanent Provisions of the Brady Law
The purpose of this letter is to advise you of your responsibilities under the permanent provisions of the Brady law, 18 U.S.C. § 922(t). On November 30, 1998, the interim provisions of the Brady law will cease to apply, and the permanent provisions of the Brady law will take effect.
The permanent provisions of the Brady law provide for the establishment of a National Instant Criminal Background Check System (NICS) that licensees must contact before transferring any firearm to unlicensed individuals. While the interim provisions apply only to handguns, the permanent provisions of Brady will apply to all firearms. In addition, under permanent Brady there will no longer be an exemption for the redemption of a firearm from pawn.
Notification from the Attorney General
The United States Attorney General will notify licensees when the NICS is established. The Department of Justice (DOJ) has advised ATF that the Attorney General plans to publish a notice in the Federal Register during the last week of October, announcing the establishment of the NICS as of October 31, 1998. Accordingly, licensees will be required to comply with permanent Brady as of November 30, 1998. Copies of the Attorney General’s Notice will be available on DOJ’s Home Page on the Internet at http://www.fbi.gov/programs/nics/index.htm, and DOJ will mail copies of the notice to licensees.
Initiation of NICS Checks
To request a background check for any firearm transaction you must contact the Federal Bureau of Investigation’s NICS Operations Center by dialing 1-877-FBI-NICS (1-877-324-6427). Your call will be answered by an automated menu that allows you to select from several customer services including initiating a NICS background check.
Transfers Subject to NICS Check Requirement
As of November 30, 1998, you will be required to initiate a NICS check prior to transferring a firearm to anyone who is not a licensee. The following steps must be followed prior to transferring a firearm:
- Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
- Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
- Contact NICS. You will get either a “proceed,” “denied” or “delayed” response from the system. If you get a “delayed” response and there is no additional response from the system, you may transfer the firearm after three business days have elapsed. Of course, you must still comply with any waiting period requirements under State law.
- If you have initiated a NICS check for a proposed firearms transaction, but the transfer of the firearm is not completed, you must retain the Form 4473 in your records for a period of not less than 5 years. If the transfer is completed, the Form 4473 must be retained for at least 20 years.
Alternatives to a NICS Check
The Brady law provides that certain permits may qualify as alternatives to a NICS check. Although the license to carry issued in your State qualified as an alternative to a background check under the interim provisions of Brady, the license will not qualify as an alternative to the NICS check required by permanent Brady. However, licenses to carry issued prior to November 30, 1998, will be “grandfathered” as Brady alternatives for the duration of the license, not to exceed 5 years from the date of issuance. Of course all such transactions must still comply with State law. Please note that licenses to carry issued on or after November 30, 1998, will not qualify as alternatives to the NICS check.
If you transfer a firearm to an unlicensed person pursuant to this permit alternative, you must comply with the following requirements:
- ave the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
- Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
- Verify that the license was issued prior to November 30, 1998, and within the past 5 years by the State in which the transfer is to occur and that the license has not expired under State law.
- Either retain a copy of the transferee’s license and attach it to the Form 4473, or record on the Form 4473 any identifying number from the license, the date of issuance, and the expiration date of the license.
Final Regulations and Forms 4473
Final regulations implementing the permanent provisions of the Brady law will be published shortly by ATF. ATF has also modified ATF Form 4473, Firearms Transaction Record, to reflect the changes in the background check system. A copy of these regulations and a small supply of Forms 4473 will be mailed to each licensee under separate cover before November 30, 1998.
Questions
If you have any questions, please contact your local ATF office. Questions regarding NICS operational issues should be directed to the FBI at 1-877-444-6427.
Jimmy Wooten
Assistant Director
Firearms, Explosives and Arson