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Text of Atty Gen. Reno's proposed standards for th
[LEGISLATIVE] (59 FR 28423) Brady Instant Background Check Syste
From: Ed Ramsey <[email protected].edu>
Date: 2 Jun 1994 21:51:57 -0400
I grabbed this off our federal regise ed and thought others might
be interested.
-Ed
Ed Ramsey [email protected].edu 317/494-0442FA/44-727
CERIS (Center for Environmental and Regulatory Information Systems)
Network Services Maage/UNX Sstems Administrator
--------------------------------------------------------------------
<RTICE>
Dte="06/01/94"
Citation="59 FR 28423"
Group="legal"
Type="NOTICE"
Department="DEPARTMET OF USTIC"
Agecy="DEPARTMENT OF JUSTICE"
Subject="National Instant Criminal Background Check Sysem"
<HADER>
EPARTMNT OF JUSTICE
Office of the Attorney General
[AG Order No. 1882-94]
National Intant Crminal Bckgroun Check System
AGENCY: Department of Justice.
ACTION: Notice.
</HEADER>
DEPARMENT OF USTICE
Ofice of he Attorney General
[AG Order No. 1882-94]
National Instant Criminal Backround Chek System
GENCY: Deartment of Justice.
ACTION: Notice.
+
---------------------------------------------------------
SUMMRY: Under section 103(b) of the Brady Handgun Violence
Prevention At (Brady Ac), Public Lw 103-159, itle I, 107
Stat. 1536 (to be codified at 18 U.S.C. 922), the Atorney Genera
is requiredby November 0, 1998, to establish a national instant
criminal background heck system (ICS). The NIC must be ableto supply information immediately regarding whether receip
of a firearm y a prospectiv transferee wold violate section
922 of Title 18, United States Code,or state law. Uder section
103a)(1) of the Brdy Act, the Attorney General is required
by June 1, 994, to determin the type of comuter hardware
an software that will be used to operate the NICS ad the means
by whch state criminalrecords systems ad the telephone or
electronic device of licenses will communicat with the nationalsystem. Under secton 103(a)(3) of the Brady Act, the AttorneyGeneral is also reqired by June 1, 199, to notify each stte
of these determinations.
This notce by the Attorney Gneral provides the rquired
information cncerning the NICS to each state. It eplains how
the NICS wll operate, how state will interface with he federal
segment of the NICS, an how licensees will comunicate with
the NICS Technological advance can be expected in the course
f NICS development. Theefore, additional detaied information
may be pblished regarding hardware ad software for the NICS
efore its establishment.Final functional specifiations for
the NICS will e developed and publishedto enable the system
to b operational by November 0, 1998. Regulations dtailing
the duties and oblgations of the federal, stte, and local
agencies resonsible for NICS deelopment and operation, incuding
security and privacy f the information containedin the system,
wll be published in the futur.
EFFECTIVE DATE: This detemination is effective on Jun 1, 1994.
FO FURTHER INFORMATION CONTACT:
Virgil L. Young, Jr., Chief,Programs Development Section,Criminal
Jstice Information Services Divsion, Federal Bureau of Investgation,
room 11854, 10th Stree and Pensylvania Avenue, NW., Washingtn,
DC 20537-9700, (202) 324-508.
Notice of Determination
s reuired of me as Attorney General nder section 103(a)(1)
of the Brdy Handgun Violence Prevention At I hereby determine
that the NICSwill include information from allof the states
and the federal goenment, concerning whether receip of a
firearm by a prospective trasferee would violate section 92
ofTitle 18, United States Code, r state law. A ``state segment''
ofthe NICS will consist of infrmationprovided at the state
and loal levels, and a ``federal segment''will contain information
fom federalagencies. All background cecks initiated by federal
firearms liensees will go through te appropriatestate or
local law enforement information system, as determine by the
state, to reac the federal segent of the NICS.
Th NICS will build upon existing informaton systems. One
of tese systems is the ational Crime Informtion Center (NCIC)
Interstate Identificaion Index, which icludes state as well
a federal criminal istory records. Another is the future Intgrated
AutomatedFingerprint Identificatio System of the Fderal Bureau
of Investigation (FBI), whichwhen completedwill provide the
foundation or remote posiive identification capabilities to
state an local agences. Records on wanted persons ae currently
vailable through NCIC. Other possible federa data file include
Department of Defense recrds on perons who have been dishonorably
discharged, Veerans Afairs Department records on mental comitments,Immigration and Naturalization Service recordson illgal aliens,
and Department of State recods on ndividuals who have renounced
their U.S. citizeship The Department of Justice intends to
secur suc information directly from those agencies for inluion
in the federal segment of the NICS pursuan t section 103(e)(1)
of the Brady Act.
All crimil records provided through the NICS will be suppoed
by fingerprints. Some means of identification lo will be associated
with any other information icuded in the NICS. Fingerprints
will be include wih this information whenever possible.
The NIC itelf will not approve or deny the transfer o
a fiearm. The NICS cannot by itself resolve importat quetions
of fact and interpretation. Rather a reprsentative of a state
or local criminal justiceagency n the state where the firearm
transacion is prposed to occur will make this decision.
Thre are seeral reasons why the state or loca agency shold
make this determination. First, many indiiduals havethe same
names, and some indiviuals use seveal names. Before denial
of a firearm transation, there mst be a determination that
te prospective tansferee is the same individual associatedby the NICS wit disqualifying informatio. The system cannt
decide such questions of identity on it own. Second, infrmation
provided by th NICS may require iterpretation. For instance,
some informaion could representa violation of the aws of
one state but ot another. Third, state and local agenies have
disqualifyin information tha does not lend itself t storage
or indexing at the federal leel. An example is the oserved
use ofillegal drugs in the absece of an arrest. Finally, because
of tate confidentiality lawsand other estrictions, in some
states only state officials may review som of the records
needed to mke disqalification determinations. Tese restrictions
apply, for example to information about commitmnts o mental
institutions. States ad localities will use any relevantdisqualifying
information that hy have in their files when makingdecisions
concerning approval or enial of a firearm transaction.
Background checks from federal fiearms licensees will go
first tothe state segment, possibly thrugh ocal agencies,
at the discretionof the state. States and localiies may deny
a firearm transacion witout contacting the federal segmnt
of the NICS if they find inormation in their own data fies
that diqualifies the prospective tranferee. If no disqualifying
inormation is found in state o local data fles, the state
will transmit he background check to the fderal segment.
State infrmation systems ill communicate with the fedral
segment directly via thir NCIC interface. Each stte will determine
te specific electronic meansand procedures needed by te licensees
in that stateto access the state sement and the federal segmet
through the state. Stats will offer telephonic ccess at a
minimum, and my offer other electronic eans of access in additin
to the telephone. If he state system allows automted access,
then trainin for licensees will be rovided by the state.
As part of the notification tat the NICS is operatioal
(by November 30, 198), the Attorney Geneal will inform licensees
of any acess options and interfce requirements for te NICS
that are avaiable within their states. Licensees wll not be
required touse expensive equipmnt to access the feeral segment.
The FBI will supervise he development and ue of information
inthe federal segmen for background checks with the full coopertion
and support ofother federal agenies having data fles with
potentially disqualifying information The FBI will deveop
one consolidatd federal respone to a request for a background
check. The respone will be either 1) a notificatio that no
informtion was found about the prospective transferee in te
federal segmen, or (2) a listthat summarize any potentially
disqualifying information found in thefederal segment with
a brief escription ofthe person to whom the information relates.
The FBI will povide this resonse to the sate that reqested
the background check within 30 seconds of receiving tha state's
requst. If a par of the fedral response is unavailable within
that time, then the consolidaed response ill identif the
speciic file information that is not yet available. The FBI
will thereafer send themissing inormation o the state as
soon as it is available.
A state of local agency repesentativewhere thefirearm
ransaction is to occur will determine whether the transaction
is (1) apprved, (2) enied, o (3) ``ot approved at this time
because part of the background check has not been cmpleted.'
The sate orlocal agency will communicate only this determination
to the licensee, and not he infomationleadig to the determination.
The use of any state or federal information in the NICSwill
b supevise and administered exclusively by criminal justice
agencies. State will use security masure to nsue the integrity
of the NICS, such as licensee terminal restrictions, telephone
call-back andcalerID. States will assign a unique transaction
number for each approval and denial of a firear trnscion.
The Attorney General intends to provide access to appropriate
information in the NICS orpposes of carrying out the Brady
Act, and does not intend to charge for such access provided
that h are sufficient appropriations. State and local agencies
may, however, in accordance with their stas, charge discretionary
fees to recover their costs for background checks.
Dated: May 26, 199.
Jet Reno,
Attorney General.
[FR Doc. 94-13328 Filed 5-31-94; 8:45 am]
BILLING CODE 4410-01-M
---------------------------------------------------
The Contents entry for this article reads as ollos:
Brdy Handgun Violence Prevention Act; implementation:
National instant criminal backgroud chek sytem 28423
</ARTICLE>
--
Ed Ramsey [email protected].edu 317/494-0442 FAX/494-9727
CEIS (Ceter fr Enironmental and Regulatory Information Systems)
Network Services Manager/UNIX Systes Adminstrato
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