- The Brady law's permanent provisions took effect in November 1998 and required the U.S. attorney general to establish the National Instant Criminal Background Check System (NICS).
- Under NICS, licensed firearms dealers can contact the system to find out immediately whether a person's background would prohibit him from purchasing a firearm.
- NICS is located at the FBI Criminal Justice Information division in West Virginia and serves licensed firearms dealers in 35 states and the District of Columbia. Other states have agreed to act on behalf of NICS to conduct their own instant check systems.
- Before selling a firearm to a prospective buyer, a licensed dealer must contact NICS to request a background check. Responses typically take less than a minute and advise the dealer whether to proceed with the transaction. If the records search reveals any criteria that would prohibit sale of a firearm, NICS tells the dealer to deny the purchase.
- Individuals found by NICS to have been convicted of a crime that carries a prison term of one year or more are prohibited from buying firearms. Other criteria that would prohibit someone from buying guns include being a fugitive from justice, being judged mentally incompetent, having a history of domestic violence or being convicted of use or possession of illegal drugs.
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