Justice Dept. Takes Steps to Enhance NICS Procedure
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Justice Dept. Takes Steps to Enhance NICS Procedure





In an effort to improve the speed and efficiency of the National Instant Criminal Background Check System (NICS), U.S. Attorney General John Ashcroft announced Feb. 13 new government initiatives to streamline the process as well as to prevent illegal aliens and other prohibited persons from purchasing firearms. Highlights of the announcement include:
  • Increased federal assistance to help states update and automate their criminal history files, and also new federal/state efforts for prosecuting those who illegally obtain and sell guns, and prosecuting those who commit crimes with firearms on school grounds.
  • Under new NICS rules, the FBI will coordinate with the Immigration and Naturalization Service (INS) in reviewing the immigration status of non-U.S. citizens who seek to buy firearms. Federal law bars foreigners illegally in the country, and nonimmigrant aliens (temporary visitors such a foreign students or workers) from purchasing or possessing guns. Exemptions are made for certain foreign visitors such as official government representatives, law enforcement officers, and individuals admitted to the U.S. for lawful hunting or sporting purposes or who have a valid U.S. hunting license. Permanent resident aliens are not prohibited.
  • The FBI also has been directed to increase the speed by which it responds to background check queries from licensed firearm dealers. To reduce the rate of delayed responses, the FBI will now assign a special examiner to immediately review any questionable criminal history files and advise the dealer how to proceed.
    The new NICS guidelines were initially published by the Bureau of Alcohol, Tobacco & Firearms in the Federal Register on Feb. 5, announcing temporary rules for implementing the changes. The temporary rules become effective Feb. 19, with permanent regulations going into effect following a 120-day public comment period. The announcement and the full text of the temporary regulations can be viewed on the ATF Web site at http://www.atf.treas.gov.


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