Check Background

Corporal Reginald Betrovsky of the Brevard County Sheriff's Office spots a truck that races through an intersection at 70+ miles per hour. The good officer conducts a traffic stop to check background of the perpetrator. At which point, the driver claims he was only going 40, and mentions in passing, that it's his brother's gun that's in the truck . . . ! Whoooa!



So begins yet another heart-pounding episode of "Cops" . . . the weekly t.v. program that gives all America a twisted sense of excitement and awe as they round up all the wanna-be bad boys in the 'hood, in the trailer park, and on the streets of your town! Yeah! Glad it's not anybody you know?



Well, on a more sober note, this is yet another example of why police need to check background of suspected criminals.



Turns out the guy not only had a gun in his truck, but also a half-empty bag of weed.



Anyway, if the officer hadn't checked the guy's criminal background, he'd never found out that he had a nice little string of warrants out for his arrest... not a bad traffic stop. More importantly, if he hadn't done a check background, would he have found that the guy was wanted for disorderly conduct.



But criminal background checks are serious business and even if you're not a cop (you're not, are you??) there are criminal background check services that provide instant, in-depth, accurate online searches to check background of any individual you want.



Several such services are pretty amateurish, and you can probably figure them out by looking at their websites, but there are a few that are regularly used by law enforcement officials and attorneys alike... the one I prefer is Intelius, to check background. It's professional, comprehensive, accurate and the price is always just right.

Ever had a government bureaucrat type in the words "check background criminal . . ." with regard to your name? Pretty scarey stuff, huh? Well, listen up because you don't have to be "Dirty Harry" in order for something like this to happen to you!



Background checks are becoming more and more relevant since 9-11. A few years back, background- and criminal background checks were only a professional need for businesses or government offices, when checking out the educational or criminal background of the new people they were hiring. That's not the case today.



Everyday people like you and me are subjected to criminal background checks every day, by bureaucrats, city/ state/ federal employees, by private real estate managers, by officers of courts, and so on. The need to "check background criminal" is not just for gun violence prevention, it's big business!



There's often a need to find a "dead beat dad," or a missing relative or missing person. Lot of people want to locate someone's current place of employment or get a criminal records history/ other background information (sex offender).



The employee background check is still the most common among background checks, but people are typing in "check background criminal" all the time for online dating and other reasons too.



Some, for instance, are only interested in getting hold of someone's forwarding address; some change P.O. box addresses to street addresses. Lots of people simply want to find a debtor (someone who owes them money), an old friend who was really cool, a long-lost love, an odd-ball class-mate, military buddy, or just about anybody living in the United States. Sometimes, people will type in a "check background criminal" just because they want to bring closure to a difficult adoption situation!



So, there's always a reason why someone will want to "check background criminal" or "criminal background check" or whatever you wish to call it . . . So long as they're not looking for a "free criminal background check," the only question is where they should go online to get the best deal (guaranteed results + low price + speedy turnaround)??



In a related article, we discuss the merits of the so-called "free check background" and compare the results of criminal background checks for two of the nation's largest providers of these services, Intelius versus USA People Search.



Here, however, we just need to clarify that . . . when conducting a criminal background check, you have some pretty nice options! What kind, you ask? Again, check out our article, where we compare (in-serious-depth) two of the nation's largest providers of online criminal background check services. The results will surprise you!!

Brady Act Requirements



In November 1993, the Brady Handgun Violence Prevention Act of 1993 (Brady Act), Public Law 103-159, was signed into law requiring Federal Firearms Licensees (FFLs) to request background checks on individuals attempting to purchase a firearm. The permanent provisions of the Brady Act, which went into effect on November 30, 1998, required the Attorney General to establish the National Instant Criminal Background Check System (NICS) that any FFL may contact by telephone or by other electronic means for information, to be supplied immediately, on whether receipt of a firearm by a prospective transferee would violate section 922 (g) or (n) of title 18, United States Code, or state law.



The NICS is a national system that checks available records in the National Crime Information Center (NCIC), Interstate Identification Index (III), and the NICS Index to determine if prospective purchasers are disqualified from receiving firearms.






The FBI developed the NICS through a cooperative effort with the Bureau of Alcohol, Tobacco and Firearms (ATF) and local and state law enforcement agencies. The NICS is designed to respond within 30 seconds to check background to provide FFLs with an immediate answer as to whether the transfer of a firearm would violate state or federal law.






Definitions of Prohibiting Categories



The NICS Index contains records provided by state and federal agencies about persons prohibited from receiving firearms under federal law. All records in the NICS Index are dis-qualifying records and will prohibit the sale of a firearm. Most records in the NICS Index are obtained from federal agencies. However, authorized local and state law enforcement agencies may voluntarily contribute records to the NICS Index. The information in the NCIC and III systems searched during a background check has been or will be contributed voluntarily by local, state, federal, and international criminal justice agencies in accordance with the entry criteria and policies associated with those systems and records. The following definitions from the Federal Register, Vol. 62, No. 124, outline categories of persons prohibited from receiving firearms included in the NICS Index:



1) Persons who are aliens and are illegally or unlawfully in the United States



Criteria for Entry



The United States Immigration Naturalization Services (USINS) and state law enforcement have the authority to enter and update records for individuals who are aliens and are unlawfully and illegally in the United States.



2) Persons who have renounced their U.S. Citizenship



Criteria for Entry



The Department of State alone has the authority to enter and update records on persons who have renounced their United States citizenship.



3) Persons who have been adjudicated as a mental defective or have been committed to a mental institution.



Criteria for Entry



The Department of Veteran Affairs, the Depart-ment of Defense, and state law enforcement have the authority to enter and update records on persons who have been adjudicated as mental defectives or have been committed to mental institutions.



4) Persons who have been discharged from the armed forces under dishonorable discharge conditions



Criteria for Entry



The Department of Defense and the U.S. Coast Guard have the authority to enter and update records on persons who have been discharged from the U.S. Armed Forces.



5) Persons who are unlawful users of/ or addicted to any controlled substance



Criteria for Entry



The Department of Defense, the U.S. Coast Guard, and state law enforcement have the authority to enter and update records on persons who have been unlawful users of or addicted to any controlled substance.



6) Persons who are federally disqualified when a record is not already included in NCIC, III, or the NICS Index



Criteria for Entry



State law enforcement has the authority to enter and update a record on persons who are federally disqualified when records are not already included in the NCIC, III, or the NICS Index.



If you have just been denied by a federally licensed firearms dealer from receiving a gun because of a record in the FBI's National Instant Criminal Background Check System (NICS), you may appeal as provided in this NICS Regulations, Correction of Erroneous of Information (28 CFR Part 25.10) and Subsection 103(f) and (g) and Section 104 of the permanent provision of the Brady Handgun Violence Prevention Act of the Brady Law.



This brochure is designed for appealing denials made by the FBI NICS Operations Center. (Procedures for appealing denials by the states acting as Points of Contact will be provided separately by those states.) The following procedures are steps you need to follow for a NICS appeal.



REQUESTING REASONS FOR YOUR DENIAL



STEP 1



1. You may request the reason(s) for your denial by writing to:



Federal Bureau of Investigation,
NICS Operations Center,
Research and Analysis,
P.O. Box 4278,
Clarksburg, West Virginia, 26302-4278.



You must include your complete mailing address in the request. If you do not include your mailing address, the NICS Operations Center will be unable to process your appeal.



The NICS Transaction Number (NTN) is a tracking number that is directly linked to your denial. You must include the NTN with your request. You should obtain the NTN from the dealer where you are purchasing the firearm.



2. The NICS Operations Center will respond to your request by providing the reason(s) for your denial within five business days after receiving your request. This response will indicate whether you must provide additional information to support any appeal.



TO BE PROVIDED BY THE FFL:
NTN #____________________________




APPEALING YOUR DENIAL



STEP 2



The following outlines the steps you must take to either challenge your record or make a claim that the record pertains to someone other than you.



Questions of Identity



You may have your fingerprints recorded at your local law enforcement department. Submit your fingerprints and other requested information to the NICS Operations Center. In some cases involving criminal records, you may be asked to submit your fingerprints to establish if you are the person who was actually arrested/convicted.



Record Challenges



1. After receiving the reason for your denial, you may write to the NICS Operations Center to challenge the accuracy of the record or declare that your rights to obtain a firearm have been restored. If you have additional information to assist the NICS Operations Center in correcting the record, attach the information to your written response. The NICS Operations Center will correct the record and provide you with written approval to proceed with the transfer of your firearm.



2. If the NICS Operations Center is unable to resolve the appeal, you will be provided information to contact the agency which created the record. You may then apply for correction of the record directly with that agency. In this case, you must follow procedures established by the state or federal agency that maintains the original record. If your record is determined to be invalid or incorrect, the originating agency will correct your record and notify you. You must notify the NICS Operations Center of the record correction. The NICS Operations Center will verify the correction and provide you with written approval for the transfer of your firearm.



a. You may submit any information to the originating agency which would assist the agency in correcting, clarifying, or verifying your record.



b. If you have "multiple" disqualifying records you wish to challenge, you may submit an appeal to each originating agency.



SUCCESSFUL APPEAL



You must present your written approval to the firearms dealer who performed your initial background check. If less than 30 days have passed since the initial NICS check, and if there are no other disqualifying records on which the denial was based, the NICS Operations Center will notify the firearms dealer that the transfer may proceed. If more than 30 days have passed since the initial NICS check, the firearms dealer must recheck the NICS, without charging a fee, before allowing the sale to continue.



APPEAL ALTERNATIVE



You may contest the accuracy or validity of a disqualifying record by bringing an action against the state or political subdivision responsible for providing the information used to create a record or to add to an existing record, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that erroneous information be corrected or the transfer be approved.



Submitting Batch Files



The states have two modes to add, modify or cancel records from the NICS Index.



The first mode is an electronic connection between the NICS and the states using an application layer and the NCIC-Front End. The states use the interface to electronically add, modify, supplement, cancel or display a denied persons record in the NICS Index.



The second mode is batch data transfer on tape for the NICS Index record additions, modifications, supplements, and cancellations. Since the contributing states or agencies are responsible for the accuracy and validity of the NICS Index records, it is imperative to supplement or cancel records as needed.



* Additions, updates, and cancellations may be submitted to the NICS in batch mode as

ACRONYM: NICS



ORIGINATOR:
Department/Agency Name: U.S. Department of Justice



Major Organization Subdivision: Federal Bureau of Investigation



Minor Organization Subdivision: Criminal Justice Information Services (CJIS) Division
Name of Unit:
Street Address: 1000 Custer Hollow Road
City: Clarksburg
State: West Virginia
Zip Code: 26306
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (304) 625-2000



ABSTRACT: The National Instant Criminal Background Check System ([Tag-Tec]NICS[/Tag-Tec]) provides a method of checking available information to determine whether a person is disqualified from possessing a firearm under federal or state law. The NICS contains records on individuals who are disqualified from possessing a firearm. These records include an individual's name, sex, race, other personal descriptive data, date of birth, state of residence, and sometimes a unique identifying number. The NICS also contains criminal information which may disqualify an individual from possessing a firearm under federal or state law.



PURPOSE: The purpose of NICS, which was established pursuant to the Brady Handgun Violence Prevention Act ([Tag-Ice]Brady Act[/Tag-Ice]), is to provide a means of checking available information to determine whether a person is disqualified from possessing a firearm under federal or state law.



ACCESS CONSTRAINTS: All records in NICS are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to those with a need-to-know to perform their official duties, and using locks, alarm devices, passwords, and/or encrypting data communications.



USE CONSTRAINTS: Users of NICS are restricted to only those privileges necessary to perform an authorized task(s).



AGENCY PROGRAM: The Brady Act requires the Attorney General to establish by November 30, 1998, a national instant criminal background check system that gun dealers must contact for information on whether receipt of a firearm by a prospective purchaser would violate federal or state law. The [Tag-Tec]Attorney General[/Tag-Tec] has assigned responsibility for developing the NICS to the FBI. (59 Fed. Reg. 28,423 (1994)).



SOURCES OF DATA: Data contained in NICS is obtained from local, state, federal and international records.



RESPONSIBLE OFFICE FOR DISTRIBUTING INFORMATION (if different from originator):
Department/Agency Name: U.S. Department of Justice
Major Organization Subdivision: Federal Bureau of Investigation
Minor Organization Subdivision: Office of Public and Congressional Affairs
Name of Unit: Freedom of Information and Privacy Acts Section
Street Address: 935 Pennsylvania Avenue, N.W.
City: Washington, D.C.
State:
Zip Code: 20535-0001
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (202) 324-3000



ORDER PROCESS: This system of records has been exempted from the access procedures of subsections (d) and (e)(4)(H) of the [Tag-Tec]Privacy Act[/Tag-Tec], to the extent permitted by subsections (j)(2), (k)(2), and (k)(3) of the Privacy Act. A request for access to a non-exempt record from the system should be made in writing with the envelope and the letter clearly marked "Privacy Act Request." Include in the request your full name, complete address, date of birth, place of birth, and notarized signature. The requester will also provide a return address for transmitting the information. Requests for access to information must be addressed to the Federal Bureau of Investigation, FOIPA Section, 935 Pennsylvania Avenue, NW, Washington, DC 20535-0001. Alternative procedures are available to a person who has been denied the transfer of, or permit for, a firearm or explosives because of information in the NICS. The alternative procedures can be found at 28 CFR, Part 25, Subpart A. All other requests for information should be submitted in writing to the office listed below.



OFFICE OF CONTACT FOR FURTHER INFORMATION (if different from originator):
Department/Agency Name: U.S. Department of Justice
Major Organization Subdivision: Federal Bureau of Investigation
Minor Organization Subdivision: Office of Public & Congressional Affairs
Name of Unit: Freedom of Information Privacy Acts Section
Street Address: 935 Pennsylvania Avenue, N.W.
City: Washington, D.C.
State:
Zip Code: 20535-0001
Country: United States
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (202) 324-3000