Gun Background Checks and NICS

The federal rule

Under 18 U.S.C. § 922(t), added by the Brady Handgun Violence Prevention Act of 1993, a licensed dealer may not transfer a firearm to an unlicensed buyer unless, before the transfer, the dealer contacts the National Instant Criminal Background Check System (NICS). According to the FBI, NICS received its first background check request on November 30, 1998. Some states run checks themselves as a “point of contact” for NICS.

The three-business-day rule

The check usually returns an answer within minutes. If NICS has not responded, however, the dealer may lawfully complete the transfer after “3 business days (meaning a day on which State offices are open)” have passed without a denial (§ 922(t)(1)(B)(ii)). Some states impose their own waiting periods or longer holds.

Buyers under 21

The Bipartisan Safer Communities Act of 2022 added extra steps for buyers under 21 (§ 922(t)(1)(C)). NICS checks juvenile and mental-health records. If it finds cause to investigate further, the hold can last up to ten business days.

Private sales

Federal law requires background checks only for transfers by licensed dealers. Many states, however, also require checks for private sales, for example through a dealer. Check the law of your state before buying or selling a firearm.

This guide explains the law in general and reports what courts have held. It is not legal advice. Firearm laws change often and differ by state and city, so check the current law where you are.

Researching background checks in your state

First, find the statute or rule that governs background checks where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• govinfo.gov
• le.fbi.gov

Related reading on Lawtopolis:

• Who Cannot Own a Gun: Prohibited Persons Under 18 U.S.C. § 922(g)
• Federal Gun Laws: The National Firearms Act and Gun Control Act