Licensed firearm dealers who purchase used firearms risk procuring “crime guns.” A recent announcement from the National Shooting Sports Foundation says the FBI is now granting access to their database.
Federally licensed firearm dealers have piles of regulations to comply with. In addition to regulations, there’s plenty of civil and criminal liability FFLs are subject to. Dealers who end up buying and subsequently selling a firearm that’s been stolen and/or is a crime gun wouldn’t know the pedigree of that gun. The NSSF recently announced that the FBI is opening up their database to allow dealers to conduct checks on firearms.
NSSF reports that the service was one of the Foundation’s priorities which was included in the 2022 Bipartisan Safer Communities Act. The implementation of this ability, NSSF says, was stalled under the Biden administration. An interim final rule was signed in 2024 by former Attorney General General Merrick B. Garland, however the program was never launched.
“The FBI’s National Instant Criminal Background Check System (NICS) announced that it would begin to allow federal firearms licensees (FFLs) to check serial numbers of firearms on the secondary market against the National Crime Information Center (NCIC) Gun File for firearms previously reported as being stolen,” NSSF said in their alert to members.
Being able to confirm a firearm has not made its way onto the black market will limit liability to dealers as well as potentially aid in closing cold cases.
NSSF’s alert notes that there will be three methods for dealers to use in order to conduct a check via the National Crime Information Center:
Partnership with a state or local law enforcement agency—some states currently have processes in place to perform an NCIC query on behalf of FFLs due to state laws or programs.
**Please see the state process currently in place at the bottom of this document.**Secure website or application offered by the state—state law enforcement agencies may develop a secure website or application based on an extract of active NCIC stolen gun records.
The National Instant Criminal Background Check System (NICS) E-Check application—the FBI has developed a form on the E-Check application for all FFLs to submit NCIC Gun File searches and directly receive results from NCIC. This will be separate from the form used to submit firearm background checks.
The alert explains that the system only responds to exact matches to the provided serial number(s). NSSF warns that there might be additional state requirements and that serial numbers may match other firearms from different makes and models.
“If a response is received, especially with multiple firearms listed, the record information should be reviewed closely to ensure the firearm presented for sale and the firearm reported stolen in NCIC reflect the same identifiers, e.g., make and model,” NSSF says. “In the event the firearm presented for sale also reflects further identifiers provided in a positive response potential match, the FFL would promptly notify ATF and the law enforcement agency with jurisdictional authority where the firearm is located.”
According to NSSF, FFLs may register with the FBI NICS E-Check at www.nicsezcheckfbi.gov.
What kind of information is learned through the use of the system is likely to be interesting and useful. Will the system uncover large amounts of crime guns? Or, will the numbers be de minimis? For more information, NSSF has directed their members to the FBI’s FFL resources information page.
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