[Support_and_Defend]

As a side note, the state could NOT use NICS for the background check anyway. NICS is for the exclusive use of FFL's when transferring a firearm.

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

Use of NICS

* Authorized use of the NICS is limited to the purpose of obtaining information on whether receipt of a firearm by a prospective transferee would violate federal or state law.
* FFLs, their officers, employees, agents, and/or other representatives are permitted to request background checks of the NICS only for the authorized purpose.
* Accessing or using the NICS, or permitting access or use of the NICS by another, for any unauthorized purpose is a violation of federal law, sanctions for which may include criminal prosecution; a civil fine not to exceed $10,000, and/or cancellation of NICS inquiry privileges.

Access to NICS

* Calls to the NICS Operation Center may be initiated from any telephone including pay and/or cellular phones. However, FFLs should understand the risk of call interception and monitoring when using a cellular phone.
* When enrolling in the NICS, the FFL will select a code word consisting of six to ten alphabetical and/or numeric characters.
* FFLs are not required to change their code word; conversely, a code word will remain active indefinitely if there is no request for change. However, FFLs are encouraged to change their code words if they suspect that unauthorized persons have gained knowledge of the code word, or that authorized personnel are misusing the system.
* FFLs shall limit knowledge of their code word to themselves, their officer(s), employee(s), agent(s), and/or other representative(s) whose duties include performing background checks in compliance with the Gun Control Act, as amended.