The Second Amendment to the United States Constitution guarantees the right of United States citizens to bear arms. But in an attempt to protect the country from gun violence, such as mass shootings or accidental shootings of citizens, both states and the federal government have put laws in place to require background checks for gun purchases that take place with federally licensed firearms dealers. These background checks are meant to disqualify potential gun buyers with prior criminal records, domestic violence orders against them, or mental health issues from purchasing a gun.
Before a firearm transfer can take place, a gun dealer is required to contact the National Instant Criminal Background Check System (NICS) which is run by the Federal Bureau of Investigation (FBI). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is also involved in the process by issuing federal firearms licenses (FFL) to gun sellers.
But despite record numbers of people getting gun background checks on the way to gun ownership, you may still be uncertain as to what exactly what the government is looking for.
The exact method of the background check will depend upon what state you live in. In general, there are three methods for conducting FBI gun background checks through the National Instant Criminal Background Check System (NICS):
Some states will act as the point of contact for the background checks. This means the state conducts the NICS background check and may supplement that information by checking a state criminal database as well.
In states that decline to serve as the point of contact, the licensed firearm dealer will initiate the background check by contacting the NICS call center. The FBI conducts the NICS check and determines whether or not the transfer would violate state or federal law.
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