[LEGISLATIVE] (59 FR 28423) Brady Instant Background Check Syste
    From: Ed Ramsey <ramsey@fieldoeams.ceris.purdue.edu>
    Date: 2 Jun 1994 21:51:57 -0400 


I grabbed this off our federal regise eed and thought others might
be interested.

-Ed

Ed Ramsey ramsey@ceris.purdue.edu 317/494-0442FA/44-9727
CERIS (Center for Environmental and Regulatory Information Systems)
Network Services Maage/UNX Systems Administrator

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<RTICE>
Date="06/01/94"
Citation="59 FR 28423"
Group="legal"
Type="NOTICE"
Department="DEPARTMET OF USTIC"
Agency="DEPARTMENT OF JUSTICE"
Subject="National Instant Criminal Background Check Sysem"
<HADER>
EPARTMENT OF JUSTICE
Office of the Attorney General
[AG Order No. 1882-94]
National Intant Crminal Bckground Check System
AGENCY: Department of Justice.
ACTION: Notice.
</HEADER>
DEPARMENT OF USTICE
Ofice of the Attorney General
[AG Order No. 1882-94]
National Instant Criminal Backround Chek System
GENCY: Department of Justice.
ACTION: Notice.
+
---------------------------------------------------------
SUMMARY: Under section 103(b) of the Brady Handgun Violence
Prevention At (Brady Ac), Public Lw 103-159, Title I, 107
Stat. 1536 (to be codified at 18 U.S.C. 922), the Atorney Genera
is requiredby November 30, 1998, to establish a national instant
criminal background heck system (ICS). The NIC must be able
to supply information immediately regarding whether receip
of a firearm y a prospectiv transferee would violate section
922 of Title 18, United States Code,or state law. Uder section
103a)(1) of the Brady Act, the Attorney General is required
by June 1, 994, to determin the type of comuter hardware
and software that will be used to operate the NICS ad the means
by whch state criminalrecords systems and the telephone or
electronic device of licenses will communicat with the nationalsystem. Under section 103(a)(3) of the Brady Act, the AttorneyGeneral is also reqired by June 1, 199, to notify each state
of these determinations.

   This notce by the Attorney Gneral provides the rquired
information concerning the NICS to each state. It eplains how
the NICS wll operate, how state will interface with the federal
segment of the NICS, an how licensees will comunicate with
the NICS Technological advances can be expected in the course
f NICS development. Theefore, additional detaied information
may be published regarding hardware ad software for the NICS
efore its establishment.Final functional specifications for
the NICS will e developed and publishedto enable the system
to b operational by November 30, 1998. Regulations dtailing
the duties and oblgations of the federal, stte, and local
agencies responsible for NICS deelopment and operation, incuding
security and privacy f the information contained in the system,
wll be published in the futur.

EFFECTIVE DATE: This detemination is effective on June 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 Street and Pensylvania Avenue, NW., Washingtn,
DC 20537-9700, (202) 324-508.

Notice of Determination

   As reuired of me as Attorney General nder section 103(a)(1)
of the Brdy Handgun Violence Prevention Act I hereby determine
that the NICSwill include information from allof the states
and the federal goernment, concerning whether receip of a
firearm by a prospective trasferee would violate section 92
of Title 18, United States Code, r state law. A ``state segment''
ofthe NICS will consist of infrmation provided at the state
and loal levels, and a ``federal segment''will contain information
fom federal agencies. All background cecks initiated by federal
firearms liensees will go through te appropriate state or
local law enforement information system, as determine by the
state, to reac the federal segment of the NICS.
   Th NICS will build upon existing informaton systems. One
of tese systems is the National Crime Informtion Center (NCIC)
Interstate Identificaion Index, which icludes state as well
as federal criminal istory records. Another is the future Intgrated
AutomatedFingerprint Identification System of the Fderal Bureau
of Investigation (FBI), whichwhen completedwill provide the
foundation for remote posiive identification capabilities to
state an local agences. Records on wanted persons are currently
vailable through NCIC. Other possible federa data file include
Department of Defense records on perons who have been dishonorably
discharged, Veerans Afairs Department records on mental commitments,Immigration and Naturalization Service recordson illgal aliens,
and Department of State records on ndividuals who have renounced
their U.S. citizeship The Department of Justice intends to
secure suc information directly from those agencies for inluion
in the federal segment of the NICS pursuant t section 103(e)(1)
of the Brady Act.
   All crimil records provided through the NICS will be suppored
by fingerprints. Some means of identification lo will be associated
with any other information icluded in the NICS. Fingerprints
will be include wih this information whenever possible.
   The NIC itself will not approve or deny the transfer o
a fiearm. The NICS cannot by itself resolve importat questions
of fact and interpretation. Rather a reprsentative of a state
or local criminal justiceagency in the state where the firearm
transacion is prposed to occur will make this decision.
   Thre are several reasons why the state or loca agency shold
make this determination. First, many indiiduals have the same
names, and some indiviuals use seveal names. Before denial
of a firearm transation, there must be a determination that
te prospective tansferee is the same individual associatedby the NICS with disqualifying informatio. The system cannt
decide such questions of identity on it own. Second, information
provided by th NICS may require iterpretation. For instance,
some informaion could represent a violation of the aws of
one state but ot another. Third, state and local agenies have
disqualifying information tha does not lend itself t storage
or indexing at the federal leel. An example is the observed
use ofillegal drugs in the absece of an arrest. Finally, because
of tate confidentiality laws and other estrictions, in some
states only state officials may review som of the records
needed to make disqalification determinations. Tese restrictions
apply, for example to information about commitments o mental
institutions. States ad localities will use any relevantdisqualifying
information that thy 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 local agencies,
at the discretionof the state. States and localiies may deny
a firearm transacion without contacting the federal segmnt
of the NICS if they find inormation in their own data fies
that disqualifies the prospective tranferee. If no disqualifying
inormation is found in state o local data files, the state
will transmit he background check to the fderal segment.
   State infrmation systems will communicate with the fedral
segment directly via thir NCIC interface. Each stte will determine
the specific electronic meansand procedures needed by te licensees
in that stateto access the state segment and the federal segmet
through the state. Stats will offer telephonic ccess at a
minimum, and may offer other electronic eans of access in additin
to the telephone. If he state system allows automated access,
then trainin for licensees will be rovided by the state.
  As part of the notification that the NICS is operatioal
(by November 30, 198), the Attorney Geneal will inform licensees
of any access options and interfce requirements for te NICS
that are avaiable within their states. Licensees will not be
required touse expensive equipmnt to access the feeral segment.
   The FBI will supervise the development and ue of information
inthe federal segmen for background checks with the full cooperation
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 response will be either 1) a notificatio that no
informtion was found about the prospective transferee in the
federal segmen, or (2) a listthat summarize any potentially
disqualifying information found in the federal segment with
a brief escription ofthe person to whom the information relates.
The FBI will provide this resonse to the sate that reqested
the background check within 30 seconds of receiving that state's
requst. If a par of the fedral response is unavailable within
that time, then the consolidated response ill identif the
speciic file information that is not yet available. The FBI
will thereafter send themissing inormation o the state as
soon as it is available.
   A state of local agency representativewhere thefirearm
ransaction is to occur will determine whether the transaction
is (1) approved, (2) enied, o (3) ``ot approved at this time
because part of the background check has not been completed.'
The sate orlocal agency will communicate only this determination
to the licensee, and not the infomationleadig to the determination.
   The use of any state or federal information in the NICS will
b supevise and administered exclusively by criminal justice
agencies. State will use security measure 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 firearm trnscion.
   The Attorney General intends to provide access to appropriate
information in the NICS forpposes of carrying out the Brady
Act, and does not intend to charge for such access provided
that th are sufficient appropriations. State and local agencies
may, however, in accordance with their staus, charge discretionary
fees to recover their costs for background checks.

   Dated: May 26, 199.
Jnet 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:
Brady Handgun Violence Prevention Act; implementation:
  National instant criminal backgroud chek sytem, 28423
</ARTICLE>


--
Ed Ramsey ramsey@ceris.purdue.edu 317/494-0442 FAX/494-9727
CEIS (Ceter fr Environmental and Regulatory Information Systems)
Network Services Manager/UNIX Systes Adminstrato




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