Introduction to ATF and NICS Denial Records

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the National Instant Criminal Background Check System (NICS) play a pivotal role in maintaining public safety, especially with regards to firearm purchases. This article aims to clarify common misconceptions and provide an accurate understanding of how long the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) keeps your information when a purchase is denied due to a previous conviction.

ATF vs FBI: Roles and Responsibilities

It's important to distinguish between the two primary agencies involved in background checks for firearms purchases:

ATF: The ATF does not run the administrator or handle the NCIC (National Crime Information Center) Title One firearms background check system. FBI: The FBI administers the NCIC system, which includes the NICS (Natural Criminal Instant Check system).

The ATF performs background checks for specific types of firearms, notably those regulated under the National Firearms Act (NFA), such as machine guns, short-barreled rifles, and short-barreled shotguns. These checks are conducted through the NCIC as part of the NFTR (National Firearms Transfer Registry).

Retention Period for NICS Check Records

The FBI is required to retain NICS transaction data, including transaction numbers and responses, indefinitely. However, personal information of the buyer is typically removed from the system after a designated period, if the check was not denied:

PASSED Checks: The FBI must purge passed checks after 90 days, though an unofficial policy exists of purging in 88 days. Denied Checks: Denied checks are kept indefinitely and may be retained indefinitely even if the attempted sale was not completed.

Form 4473 and Business Transfers

When a business that is a firearms dealer (FFL) ceases to operate, Form 4473 records are a crucial aspect of the process:

Forms Under 20 Years Old: FFLs must retain Form 4473 records for at least 20 years, and these records include denied purchase forms. Turnover of Records: When the business ceases activity, all Form 4473 records are turned over to the ATF.

Debunking Misconceptions

Several common misconceptions about background checks and ATF policies should be clarified:

ATF's Role in Standard Transfers: The ATF does not perform standard gun transfer background checks. The FBI (NCIS) handles these checks through NCIC for NFA transfers. Pistol Brace Amnesty: The belief that obtaining a pistol brace is a trap due to potential failed background checks is also a misconception. The ATF uses NCIC for NFA transfers, and standard background checks are conducted through the NCIS.

What to Do If You Fail a Background Check

If you fail a background check due to a previous conviction, the information will be available to law enforcement on future attempts to purchase firearms. Here are steps to take:

Address the Conviction: Correct any errors in your background and ensure that records are updated. This means contacting the police department or court where you were convicted. Seek Legal Advice: Consider consulting a legal professional who can help you navigate the process of clearing your record.

Conclusion

Becoming informed about the specific roles and policies of the ATF and the FBI is crucial for understanding the firearm purchase process and the potential implications of failed background checks. By fact-checking common misconceptions and understanding the available resources, individuals can navigate the system more effectively and contribute to a safer and more informed community.