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National Instant Criminal Background Check System
ACRONYM: NICS
ORIGINATOR:
Department/Agency Name: U.S. Department of Justice
Major Organization Subdivision: Federal Bureau of Investigation
Minor Organization Subdivision: Criminal Justice Information Services (CJIS) Division
Name of Unit:
Street Address: 1000 Custer Hollow Road
City: Clarksburg
State: West Virginia
Zip Code: 26306
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (304) 625-2000
ABSTRACT: The National Instant Criminal Background Check System (NICS) provides a method of checking available information to determine whether a person is disqualified from possessing a firearm under federal or state law. The NICS contains records on individuals who are disqualified from possessing a firearm. These records include an individual’s name, sex, race, other personal descriptive data, date of birth, state of residence, and sometimes a unique identifying number. The NICS also contains criminal information which may disqualify an individual from possessing a firearm under federal or state law.
PURPOSE: The purpose of NICS, which was established pursuant to the Brady Handgun Violence Prevention Act (Brady Act), is to provide a means of checking available information to determine whether a person is disqualified from possessing a firearm under federal or state law.
ACCESS CONSTRAINTS: All records in NICS are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to those with a need-to-know to perform their official duties, and using locks, alarm devices, passwords, and/or encrypting data communications.
USE CONSTRAINTS: Users of NICS are restricted to only those privileges necessary to perform an authorized task(s).
AGENCY PROGRAM: The Brady Act requires the Attorney General to establish by November 30, 1998, a national instant criminal background check system that gun dealers must contact for information on whether receipt of a firearm by a prospective purchaser would violate federal or state law. The Attorney General has assigned responsibility for developing the NICS to the FBI. (59 Fed. Reg. 28,423 (1994)).
SOURCES OF DATA: Data contained in NICS is obtained from local, state, federal and international records.
RESPONSIBLE OFFICE FOR DISTRIBUTING INFORMATION (if different from originator):
Department/Agency Name: U.S. Department of Justice
Major Organization Subdivision: Federal Bureau of Investigation
Minor Organization Subdivision: Office of Public and Congressional Affairs
Name of Unit: Freedom of Information and Privacy Acts Section
Street Address: 935 Pennsylvania Avenue, N.W.
City: Washington, D.C.
State:
Zip Code: 20535-0001
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (202) 324-3000
ORDER PROCESS: This system of records has been exempted from the access procedures of subsections (d) and (e)(4)(H) of the Privacy Act, to the extent permitted by subsections (j)(2), (k)(2), and (k)(3) of the Privacy Act. A request for access to a non-exempt record from the system should be made in writing with the envelope and the letter clearly marked “Privacy Act Request.” Include in the request your full name, complete address, date of birth, place of birth, and notarized signature. The requester will also provide a return address for transmitting the information. Requests for access to information must be addressed to the Federal Bureau of Investigation, FOIPA Section, 935 Pennsylvania Avenue, NW, Washington, DC 20535-0001. Alternative procedures are available to a person who has been denied the transfer of, or permit for, a firearm or explosives because of information in the NICS. The alternative procedures can be found at 28 CFR, Part 25, Subpart A. All other requests for information should be submitted in writing to the office listed below.
OFFICE OF CONTACT FOR FURTHER INFORMATION (if different from originator):
Department/Agency Name: U.S. Department of Justice
Major Organization Subdivision: Federal Bureau of Investigation
Minor Organization Subdivision: Office of Public & Congressional Affairs
Name of Unit: Freedom of Information Privacy Acts Section
Street Address: 935 Pennsylvania Avenue, N.W.
City: Washington, D.C.
State:
Zip Code: 20535-0001
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (202) 324-3000
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