Who Can View Our NICS File? Help settle a discussion.

[riverwalker76]

I was talking to a buddy today, and he asked me who can view what guns you purchase and when.

I didn't have the answer, but thought maybe one of you did.

He's under the impression that just anyone in a law enforcement or legal position can view it, but I think it's more confidential than that. I would think it would only be someone who is in a Federal position like an FBI agent or something.

He seems to think that even a Bankruptcy Lawyer could view your NICS file to see if you purchased any firearms in the last year. I doubt it.

Someone help put this to rest.

Thanks

[vranasaurus]

I do believe that the record of the BG check has to be destroyed within 24 hours and the 4473 is kept at the dealer.

There is no NICS file that keeps track of the number of BG checks that have been done on you to search.

[riverwalker76]

What's a BG? Background?

Any other opinions? We're just curious about this, and it would help settle a 'coffee house' discussion.

[Brian Pfleuger]

There isn't a "NICS file"

NICS stands for National Instant Criminal Background Check System.

All it does, essentially, is match your identifying information with the information in the computer to determine if you are "flagged" as an unauthorized purchaser.


Sort of like:

John Doe
1234 XYZ St
Anytown, USA
SSN: 123-45-6789
DL#: NY123456789

Computer says "OK, everything matches, no problems, no "flags". Proceed"

There is nothing there to view except who you are and if you're flagged as not authorized to purchase. At least, that's my understanding.

[riverwalker76]

Ah ... ok .... so they're just the LE agency that authorizes the transfer?

Makes sense. Here we all thought the FBI was keeping records of everyone on who bought what and when.

You'd be surprised at what lies and stories get passed around the table at a 5 am breakfast amongst 'Good 'ol Boys'.

[Brian Pfleuger]

Everything that you've ever wanted to know....


http://www.fbi.gov/hq/cjisd/nics.htm



well, almost everything.

[scorpion_tyr]

Even if they did keep a file all it would tell them is that you were planning on buying a handgun or a long gun and on what date. The retailer doesn't even give them the make/model/sn of the gun. They won't even know if you actually bought one or not since after the call you can say, nevermind I don't want it and walk out.

The 4473 is kept at the dealer unless the dealer goes out of business, then I believe they are shipped to the ATF, and they're not going to pay people to look through them all, it's just for storage.

[BobbyT]

I'm not saying they have ATF secretaries going through the 4473s and entering it all into a database, but it's stupid to pretend there's a legitimate reason for them to have them.

They require FFLs to keep them, and can go through them whenever they want, and when they cease being FFLs the records all get turned over.

The NICS check has to be destroyed within 24 hours, so I say do the same with the 4473. Or just get rid of the FFL system entirely--its only purpose is to bottleneck supply and make it more difficult and expensive to be a shooter.

[blume357]

and read the overview of the back ground check system... which begs a question...

The FBI writes:

"It (NICS) provides full service to FFLs in 30 states, five U.S. territories, and the District of Columbia."


What about the other 20 states? How does that work?

[teeroux]

The only database I can think of that fits that description is NCIC and the only guns (or property for that matter) in there are the ones that are reported stolen. Yes that database is accessible in some form by most law enforcement.

[Gbro]

Don't know exactly witch states, but some do there own background checks.

From 1998-2004, some 400,000 people have been denied the purchase of firearms by the FBI alone, not counting the denials processed by state and local agencies that conduct their own background checks. (Some 450,000 as of 9/30/05.)

Now when you read the 450,000 denied, do not buy into that like an anti would.
There are many law abiding gun owners that have had a nics check come back denied because of a familiar name. I had a Man in my concealed carry class that has to go through hoop each and every time he makes a purchase because of a name familiarity. Each time the system chalks up another prized denial to justify the system.:barf:

Don't get me wrong, I am all in favor of keeping guns out of criminal hands, but these statistics do not show the true numbers!

[Ben Towe]

I know TN does their own through the TBI. We get to pay them $10 and give them a thumbprint too. It's crap when NICS does it for free, though I've never been delayed by the TBI like I have been by NICS.

[johnwilliamson062]

The 4473 is kept at the dealer unless the dealer goes out of business, then I believe they are shipped to the ATF, and they're not going to pay people to look through them all, it's just for storage.

Well, they do catalogue them by shop, so when they find a gun used in a crime they can link it to the shop then go through the shops files to see who bought it whether the shop is in business or not. I am not sure they actually do this all that often though. I don't doubt for a minute the federal gov't would be willing to have people go through these files and form a database though(if it were legal). It would be far from the most expensive or most wasteful project the federal government ever undertook.