Challenges Related to Expanding Background Checks (August 2018)

Denials The number of appeals and denial decisions is proportionate to the number of transactions processed by the FBI and the state POCs. [...] Challenge: A Federal Firearms License, which is issued by the Bureau of Alcohol, Establishment of Tobacco, Firearms, and Explosives (ATF), enables an individual or a company Mechanisms for to engage in a business pertaining to the manufacture or importation Private Parties to of firearms and ammunition, or the interstate and intrastate sale of firearms. [...] Conduct NICS Checks Expanding background checks to private sales will require: the creation of infrastructure and systems to enable private parties to conduct background checks, the FBI to upgrade their user-authentications to discern who is querying the system, and the establishment of mechanisms to ensure appropriate information is being entered into the system to identify a gun purchaser. [...] Legislation that seeks to expand background checks for firearms purchases should include adequate funding to ensure that states have the necessary resources to create new systems and infrastructure and to hire staff to respond to the increase in background checks. [...] Time would be needed for state legislatures to respond to new federal laws,4 and for the states to develop the necessary technology and infrastructure to comply with expanded background check requirements.