How Far Back Does NICS Check Go?
The National Instant Criminal Background Check System (NICS) is a crucial component of the firearms background check process in the United States. Established in 1998, NICS is a federal system that enables licensed firearms dealers to check the background of potential buyers before selling them a gun. But have you ever wondered how far back does NICS check go?
Understanding the NICS Check Process
Before we dive into the scope of NICS checks, let’s briefly explain the process. When a licensed firearms dealer sells a gun, they are required to initiate a NICS check on the buyer. The dealer submits the buyer’s identifying information, including name, date of birth, and Social Security number, to the NICS system.
The NICS system then searches various databases to determine if the buyer is prohibited from owning a firearm due to a felony conviction, domestic violence misdemeanor, or other disqualifying factors. If the system finds a match, it immediately alerts the dealer, and the sale is prohibited. If the system doesn’t find a match, the dealer is free to complete the sale.
The Scope of NICS Checks
So, how far back does NICS check go? In short, NICS checks go back to the buyer’s date of birth. Here are some key points to highlight:
- FBI’s Criminal History Database: NICS searches the FBI’s Criminal History Database (CHDB) for records dating back to 1896. This database contains information on crimes committed in the United States, including felonies, misdemeanors, and traffic violations.
- State and Local Records: NICS also searches state and local records, which can go back to the early 1900s in some cases. These records include information on arrests, convictions, and other disqualifying factors.
- Criminal History from Other Countries: NICS does not currently search for criminal history from other countries, although some states have their own systems for sharing international criminal history information.
- Mental Health Records: NICS checks mental health records, which can date back to 1973. These records are submitted by states and include information on mental health commitments, involuntary commitments, and other disqualifying factors.
- Criminal Records from Other Jurisdictions: NICS searches for criminal records from other jurisdictions, including those from the District of Columbia, Puerto Rico, and U.S. territories.
Timing of NICS Checks
Another important consideration is the timing of NICS checks. Here are some key points to note:
- Instant Check: The NICS system performs instant checks, which means that the system checks the buyer’s background information in real-time. This allows the dealer to know whether the buyer is prohibited from owning a firearm before completing the sale.
- Three-Day Waiting Period: In some states, the NICS system allows for a three-day waiting period for background checks. During this time, the dealer submits the buyer’s information to NICS, and the system checks for any disqualifying factors. If the system doesn’t find a match, the dealer can complete the sale after the waiting period has expired.
- Appeals Process: If the buyer is denied due to a NICS check, they can appeal the decision to the FBI. The appeal process typically takes several days to several weeks to resolve.
Challenges and Limitations
While the NICS system is an important tool for ensuring public safety, it is not perfect. Here are some challenges and limitations to consider:
- Inadequate Data: Some critics argue that the NICS system relies too heavily on incomplete or inaccurate data, which can lead to false negatives (buyers who are prohibited from owning a firearm but are not detected) or false positives (buyers who are cleared to own a firearm but are actually prohibited).
- State and Local Inconsistencies: NICS checks rely on state and local data, which can be inconsistent or incomplete. This can lead to delays or inaccuracies in the background check process.
- Funding Constraints: The NICS system relies on federal funding, which can be limited. This can lead to delays or inefficiencies in the background check process.
Conclusion
In conclusion, NICS checks go back to the buyer’s date of birth, with searches of FBI records dating back to 1896 and state and local records going back to the early 1900s. The system also searches for criminal history from other jurisdictions and mental health records. While the NICS system is an important tool for ensuring public safety, it is not perfect and faces challenges and limitations, including inadequate data, state and local inconsistencies, and funding constraints. By understanding the scope and limitations of NICS checks, we can work to improve the background check process and ensure that guns are not falling into the wrong hands.
Key Takeaways:
- NICS checks go back to the buyer’s date of birth
- Searches FBI records dating back to 1896 and state and local records going back to the early 1900s
- Does not currently search for criminal history from other countries
- Searches for mental health records dating back to 1973
- Does not search for criminal records from other jurisdictions prior to 1973
- Instant checks allow for real-time background checks
- Three-day waiting period may apply in some states
- Appeals process is available for denied buyers
