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Old August 3, 2022, 11:34 AM   #1
OPC
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Join Date: January 9, 2007
Posts: 168
NICS Denial Notification Act

I'm hoping for some clarification/interpretation by the more learned members of this forum regarding the NICS Denial Notification Act, Section 1101 within HR2471 Consolidated Appropriations Act, 2022

From HR2471:
Quote:
(a) <> In General.--If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) (referred to in this section as `NICS') provides a notice pursuant to section 922(t) that the receipt of a firearm by a person would violate subsection (g) or (n) of section 922 or State, local, or Tribal law, the Attorney General shall, in accordance with subsection (b) of this section--
``(1) report to the local law enforcement authority of the State or Tribe where the person sought to acquire the firearm and, if different, the local law enforcement authorities of the State or Tribe of residence of the person--
``(A) that the notice was provided;
``(B) the Federal, State, local or Tribal prohibition;
``(C) the date and time the notice was provided;
``(D) the location of the licensee where the firearm was sought to be transferred; and
``(E) the identity of the person; and
``(2) where practicable, report the incident to State and local prosecutors or Tribal prosecutors in the jurisdiction where the firearm transfer was sought.
Some on-line discussions are indicating that both delay and denial will be reported to state/local authorities for investigation, but the text of the law does [not] use the word "delay" in that context at all.

My question is: are delay and denied synonymous as applied by HR2471?
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José

Last edited by OPC; August 3, 2022 at 06:37 PM.
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