On or around September 26, 2022, firearm retailers will be prompted to provide addresses of buyers on all NICS denied or delayed transactions. Below is a statement from the ATF addressing new requirements enacted by the “NICS Denial Notification Act of 2022.”

The “Consolidated Appropriations Act of 2022” was signed into law on March 15, 2022. Section 1101 of the Act included the “NICS Denial Notification Act of 2022.” The Act requires the Attorney General to report background check denials to state authorities and will require the FBI Criminal Justice Information Services Division’s National Instant Criminal Background Check System (NICS) Section to report all FBI NICS denied transactions to local law enforcement within 24 hours beginning October 1, 2022. The NICS Section plans to implement this change on September 26, 2022.

The denial notification will include the date and time of the denial, the reason for the denial, the location of the federal firearms licensee (FFL), and the identity of the person. The NICS denial notifications will be transmitted electronically to the appropriate receiving authorities within each state based on the city, state, county, and zip code combination of the FFL location and the city, state, county, and if different, the zip code combination of the attempted transferee’s home address. If at any time, the original denial is changed to a proceed, an updated notification to those agencies originally notified will be required.

The NICS Section is working diligently on developing the tools to make this notification as seamless as possible. To make the necessary notifications, all FFLs will be required to provide the buyer’s complete address as recorded on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473. For FFLs who initiate a check by contacting the NICS Contracted Call Center (NCCC), the address will be required if the customer receives a delay or a denied status. The information will be required before the status is provided by the NCCC. For FFLs that initiate the check through the NICS E-Check, the address will be required if the customer receives a delay or denied response. The response will not be retrievable until the information is provided. Once the system is updated to allow for the capturing of this information an additional notification will be provided. In addition, if the transfer occurs at a qualifying gun show, future programming may allow for the full address of the gun show location to be entered also.

Stay tuned to Orchid for the latest ATF news impacting FFLs and contact our legal and compliance professionals to stay compliant and protect your firearms business from violations and revocation.