Key Facts
- The National Instant Criminal Background Check System (NICS) is essential for preventing prohibited individuals from purchasing firearms in the U.S.
- NICS processes background checks by searching multiple databases to determine a buyer's eligibility.
- Individuals with felony convictions, mental health issues, or protective orders are prohibited from buying firearms.
- While most NICS checks are instant, some may be delayed for up to three business days for further review.
- Fingerprinting is not required for NICS checks but is necessary for related processes like concealed carry permits and licenses.
In the United States, purchasing a firearm involves more than just walking into a store and paying for it. Federal law requires that nearly every firearm sale or transfer go through a background check system designed to prevent prohibited individuals from obtaining weapons. That system is called the National Instant Criminal Background Check System (NICS).
Created in 1998 and maintained by the FBI, NICS has become a cornerstone of firearm regulation, processing millions of background checks every year. But how exactly does it work, and why is it so important?
At Anshin Mobile Notary and LiveScan, while we don’t conduct firearm sales, we provide fingerprinting and background check services that often work in tandem with NICS-related requirements for licensing, employment, or federal clearances. This guide explains how the NICS system works and why it matters.
What is the NICS?
Definition
The National Instant Criminal Background Check System (NICS) is a federal database maintained by the FBI that allows licensed firearm dealers to instantly determine whether a prospective buyer is legally eligible to purchase firearms.
Purpose
The purpose of NICS is to prevent individuals who are prohibited by law — such as felons, fugitives, or those with certain mental health restrictions — from purchasing firearms.
How NICS Works
Step 1: Firearm Purchase Attempt
When an individual attempts to purchase a firearm from a federally licensed firearms dealer (FFL), the dealer is required by law to run a background check.
Step 2: Information Submission
The buyer fills out ATF Form 4473, providing personal information including name, date of birth, and identification details.
Step 3: NICS Check
The dealer contacts NICS, either online or by phone, and submits the buyer’s information.
Step 4: Database Search
NICS searches several key databases:
- National Crime Information Center (NCIC): Criminal justice records, warrants, protective orders.
- Interstate Identification Index (III): Criminal history records from all states.
- NICS Index: Records of individuals prohibited from firearm ownership (mental health rulings, dishonorable discharges, immigration status issues).
Step 5: Instant Response
NICS provides one of three responses:
- Proceed: Buyer may legally purchase the firearm.
- Denied: Buyer is prohibited from owning a firearm.
- Delayed: More time is needed for further review (up to 3 business days).
Who Is Prohibited from Buying Firearms?
Under federal law, NICS will deny firearm purchases to individuals who:
- Have felony convictions
- Are fugitives from justice
- Have restraining or protective orders
- Have convictions for domestic violence
- Have been adjudicated mentally incompetent
- Are undocumented or unlawfully in the U.S.
- Have received a dishonorable military discharge
How Long Does a NICS Check Take?
Most NICS checks are instant, with results available in minutes. However, if the system cannot make an immediate determination, the transaction may be delayed for up to three business days while records are verified manually.
NICS and State Background Checks
While NICS is a federal system, some states operate as Point of Contact (POC) states, meaning they run their own firearm background checks using both NICS and state databases.
California Example
In California, firearm purchases go through the California DOJ, which incorporates both state records and the NICS database into its checks. Applicants also provide fingerprints through Live Scan fingerprinting for firearm permits and eligibility reviews.
Why NICS Matters
Public Safety
NICS helps keep firearms out of the hands of individuals who could pose a risk to public safety.
Compliance
FFLs must use NICS to stay compliant with federal law. Selling firearms without conducting a NICS check is a serious violation.
Confidence
For lawful gun buyers, NICS ensures their purchase is legitimate and protected under federal law.
Limitations of the NICS System
While NICS is effective, it is not without flaws. Limitations include:
- Incomplete Records: Some state courts and agencies fail to report records to NICS.
- Delays: Manual reviews can cause frustration for lawful buyers.
- Private Sales: In some states, private firearm sales do not require NICS checks, creating loopholes.
How Fingerprinting Relates to NICS
Although NICS itself does not require fingerprints, many related processes do — such as applying for concealed carry permits, firearm licenses, or federal firearm employment clearances.
That’s where Anshin Mobile Notary and LiveScan comes in. We provide:
- Certified fingerprinting services required for firearm-related permits
- Notary services for firearm licensing documents
- Guidance on DOJ and FBI submissions that often work alongside NICS requirements
Why Choose Anshin Mobile Notary and LiveScan?
Applicants and businesses choose us because:
- We are a certified Live Scan provider in California
- We ensure fingerprints are captured accurately the first time
- We provide mobile and in-office services for convenience
- We handle sensitive fingerprinting securely and in compliance with FBI standards
- We offer notary support for firearm and licensing documentation
Visit Anshin Mobile Notary and LiveScan to book your fingerprinting appointment today.
FAQs: The NICS Background Check System
What does NICS check for?
It checks criminal records, protective orders, immigration status, and other prohibitions on firearm ownership.
How long does a NICS check take?
Most are completed instantly, but some may be delayed up to three business days.
Is fingerprinting required for NICS?
No. NICS checks are name-based, but related firearm licensing and permits often require fingerprinting through Live Scan.
Can I be denied by mistake?
Yes, errors in records or mistaken identity can lead to denials. Applicants can file an appeal with the FBI.
Do private firearm sales require NICS checks?
In some states, no. Federal law only requires NICS checks for sales by licensed firearm dealers.
Conclusion
The National Instant Criminal Background Check System (NICS) plays a vital role in firearm safety and compliance across the United States. By instantly determining whether an individual is eligible to purchase a firearm, NICS helps prevent guns from falling into the wrong hands.
While NICS checks are name-based, many related processes — such as licensing, concealed carry permits, and federal employment — require fingerprinting. That’s where Anshin Mobile Notary and LiveScan supports applicants, ensuring fingerprinting and notary services are done quickly and correctly.
Visit https://anshinotary.com/ to learn more about our Live Scan and notary services today.
