 My name is Chris Anarato, and I'm a retired police officer from the Metropolitan Police Department in Washington, D.C. 17 years ago, John W. Hinckley Jr. came to this exact spot outside the Washington Hilton Hotel. Mr. Hinckley's fascination with firearms began some 18 months earlier, when he purchased three firearms in Texas. Several months later, he traveled to New Haven, Connecticut, where he stalked then-teenage actress Jody Foster. A month later, while in Nashville, Tennessee, Mr. Hinckley attempted to board an aircraft bound for New York City. In a carry-on piece of luggage, he had those three weapons and 50 rounds of ammunition. He was arrested, the weapons and the ammunition were seized, and Mr. Hinckley was released on $50 bond. Four days later, Mr. Hinckley traveled to Dallas, Texas. Again, he purchased two 22 caliber pistols at a pawn shop. They were, in fact, the two pistols that he traveled to Washington, D.C. with, where he not only shot President Reagan, but also seriously wounded Press Secretary James Brady, a D.C. police officer, and a Secret Service agent. In today's headlines, the terms Brady Act and Brady Law are not uncommon. Their impact on the firearms industry has been discussed by the media, legislative officials, law enforcement authorities, and U.S. citizens throughout the country, and as a federal firearms licensee or FFL. You have had firsthand knowledge of these terms, especially the Brady Law and its interim provisions, which has dealt with the processing of a background check with up to a five-day waiting period on handguns. What you may be unfamiliar with is the Brady Law's permanent provision. The permanent provision will have several significant differences from the interim provision, differences that not only increase the effectiveness of the Brady Law, but also improve service to gun dealers. Under the permanent provision, the National Instant Criminal Background Check System, or NICS, has been established. FFLs will use NICS to conduct background checks on customers attempting to purchase a firearm. NICS will be managed by the FBI in cooperation with the Bureau of Alcohol, Tobacco and Firearms and State and Local Law Enforcement. Let's go over some of the changes that occurred with the permanent provisions of the Brady Law and how they will affect the way you do business. Firearms. Background checks will be required for handgun and long gun transfers. Response. Most responses from a NICS check will be almost immediate. You will receive one of three responses, proceed, delayed, or denied. We will cover all the responses and what they mean a little later. Checks. When applying for firearms, state instant check and point of sale check systems will qualify as alternatives, as long as that state goes through the NICS. If the state does not voluntarily act as a point of contact for the NICS, you will need to contact the FBI NICS Operations Center directly to initiate the background check. Exemptions. If your store is a pawn shop, please be aware that NICS checks will be required for the transfer of redeemed firearms. Exemptions will no longer be permitted. Permits. Customers holding a valid firearms permit will not be required to undergo an additional NICS check, providing the permit is less than five years old and a NICS check is part of issuing or reissuing. The NICS system will provide information on individuals who are prohibited for possessing or receiving a firearm under federal or state laws. One of the best things about NICS is the response time. The NICS system will provide within 30 seconds a proceed or delayed response on all background checks. This means you will have almost immediate response concerning most transfers to the customer. For you to initiate a NICS background check through the FBI's NICS Operations Center, your store or office must complete an enrollment form and user agreement. This agreement will set forth the policies and procedures regarding the Brady Law background check process. The agreement will be an acknowledgement of policies and procedures regarding security and auditing. Processing a check. To process a check there are a few general procedures you must follow. First, the customer must complete and sign the ATF form 4473 and you must verify the customer's identity by checking a valid government issued photo ID such as a driver's license or military identification. Next, contact the Operations Center. You can do this toll free from 9 a.m. to 2 a.m. Eastern time, 7 days a week. The toll free number must be kept confidential, meaning it should only be accessible to employees authorized to transfer firearms and only used for background checks and related purposes. The Operations Center will be closed on Thanksgiving and Christmas. When calling the Operations Center, you will need to tell the Operating of Federal Firearms License Number and Codeberg that was selected during the enrollment process. This information will verify your identity as an FFL and is mandatory for NICS to process your request for a background check. You also need to inform the operator of certain mandatory information listed on the form such as the customer's name, sex, race, date of birth, and state of residence as well as whether you are transferring a handgun, long gun, or both. You are encouraged to provide additional information the customer may give on the ATF form 4473 such as a social security number. This extra information will help minimize the possibility of misidentifying a customer who may have a name and birth date in common with someone else who has a disqualifying record. Some FFLs will have the ability to contact the NICS 24 hours a day, 7 days a week with an electronic dial-up service. This would involve a modem connected to software and a computer or a small keypad and screen. The FBI must approve all dial-up access. Responses and Procedures After you have given all the information to a NICS operator, a NICS check will be initiated to determine if there is any disqualifying information to prevent the transfer of a firearm. If a customer wants to buy more than one firearm at the same time, only one check needs to be done. However, if the same customer wishes to buy additional firearms at a later time, even on the same day, an additional NICS check must be processed. NICS Transaction Number A unique identification number called NTN or NICS Transaction Number will be assigned to each transaction response. The revised ATF form 4473 will allow space to record the NTN. You must record the NTN on the form and retain it for auditing purposes. The ATF may audit FFLs to ensure compliance with NICS policies. The NTN is an important number because you can use it to check on the status of a background check. In cases of denial, you must provide the NTN to the customer for use during the appeals process to request information. NICS will use the number to identify the record during a callback. It will also be used for auditing purposes. As mentioned earlier, you will receive one of three responses from NICS. If no matching record is found in the NICS, you will be given the information to proceed. However, the ultimate decision to transfer a firearm is the FFL's responsibility. If the operation center needs more information or needs to do some analysis prior to giving the NICS proceed to transfer, you will receive a delayed response. When you have received a delayed response, you will then receive a follow-up proceed or denied response from the operation center. By law, NICS has up to three business days to respond. If information in the NICS gives reason to believe that the transfer may violate federal or state law, the operation center will inform you the transfer has been denied. This means that the transfer cannot take place. Appeals The FFL will not be provided the reason for a denial. If the customer thinks that he or she has been unfairly denied, there is an appeals process. The operation center will provide a brochure that outlines the gun purchaser's appeal rights for you to distribute to customers who have been denied the purchase of a firearm. If a customer asks why they were denied, you should provide the appeals brochure along with the NTN to them. They may contact the operation center in writing to request the reason or reasons for their denial. The NICS operation center will respond within five business days after receipt of the customer's written request. Privacy and security There are specific regulations for ensuring the privacy and security of the information in the NICS. All information in the NICS is sensitive. This means the operation center will not disclose the type of record or details that support a denial to transfer a firearm. The NICS may only be used for NICS related purposes. Individuals who misuse the system may be terminated and the FFL may lose NICS privileges and be subject to a fine. And the NICS system will not be used to establish any database for the registration of firearms, firearm owners, or firearm transactions or dispositions. This video has provided you with an overview of the NICS process. For more information, please contact the NICS operation center.