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NEVADA
POINT OF SALE FIREARMS PROGRAM & NATIONAL INSTANT CHECK SYSTEM
Important CCW Changes Information
Application for Brady
Background Check Account
On November 30, 1998, the
Brady Handgun Violence Prevention Act (Brady Act) was signed into law.
Under the Act, Federal Firearms Licensees (FFLs) must contact the National
Instant Criminal Background Check System (NICS) prior to the transfer of a
firearm to an unlicensed individual in order to receive information on
whether the individual is disqualified by federal or state law from
possessing a firearm.
FFLs will contact the NICS
via either a point of contact (POC) established within their respective
state, or the NICS Operation Center, Federal Bureau of Investigation (FBI)
dependent on whether the state has POC for the NICS. Although the Brady Act
does not specify who FFLs will contact to request a NICS check, ideally FFLs
would make the contact.
All FFL dealers in Nevada comply with the Brady Handgun Violence Prevention
Act by contacting the Brady Point of Sale (POS) program in the Department of
Public Safety's Records Bureau with the name and numeric identifiers of
prospective gun purchasers. The POS staff will clear the sale, deny it
or hold it pending further investigation. The POS background check
service may only be used in conjunction with a firearm transaction.
Nevada gun dealers are required to use the state as their Point of Contact rather than go to the
FBI’s National Instant Check System directly. The advantage is that Nevada
criminal history records of the gun purchasers are checked, as well as the national
records. The Point of Sale Firearms Program is expected to handle
more than 60,000 requests per year. Also, on request, the POS staff helps
federal and local authorities track illegal firearms activity.
The background check will
be conducted to ascertain if the person attempting to obtain a firearm falls
within any of the prohibited categories as outlined in Section 922(g) or (n)
of Title 18, United States Code. The prohibited categories include someone
who:
- is an ex-felon.
- is a fugitive from justice.
- is an unlawful user or addicted to any controlled substance.
- has been adjudicated as mentally defective or has been
involuntarily committed to a mental institution.
- is an illegal alien.
- has been dishonorably discharged from the Armed Forces.
- has renounced U.S. citizenship.
- is the subject of a court order restraining them from Harassing,
stalking or threatening an intimate partner or child of such partner.
- has been convicted of a misdemeanor crime of domestic violence.
- is under indictment or information for a
punishable by imprisonment for a term exceeding one year.
After the potential firearm purchaser completes the applicable
portions of the Bureau of Alchol, Tobacco, and Firearms' form 4473 (available
from an FFL)
the FFL
is required to verify the identity of the potential purchaser by comparing the
information they provide on the form to a government issued identification
document with a photograph and the person's name, address, and date of
birth. A Nevada driver's license or identification card meets the
needs of an identification document.
In order to fund the POS
Program, a $25.00 fee is assessed for each background check performed.
It is highly recommended that prior to contacting the POS Program for a
background check that the FFL collects from the potential purchaser the $25.00
fee. This fee will be assessed whether a ‘proceed’ or a denial’ is granted
for the transfer of a firearm. Additionally, once the licensee has made the
background check request to the POS Program the fee is non-refundable even
if the potential purchaser or FFL decides to cancel the firearm transaction.
Upon receipt of a completed
form, and verification of identity, the FFL must call the Nevada
Point-of-Sale Firearms Program at 1-800-4PISTOL (474-7865). FFLs in
the Reno, Sparks, Incline Village, Carson City, Minden, and Gardnerville
calling area should use the local 684-6200 telephone number. Service is
available for background checks seven days a week, from 8:00 am to 6:00 pm
(excluding July 4th, Thanksgiving Day, Christmas Day, and New Year's Day).
In order to conduct the background check, POS Program staff will require the information listed
below.
| 1. |
The last 5 digits of the Federal
Firearm License number and name of the business.
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| 2. |
The type of
firearm being transferred (handgun, rifle or shotgun) as the age and state
of residence of the transferee affects their ability to purchase a long
gun or handgun. They will not request any other information about the
firearm such as make, model or serial number.
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| 3. |
Full name of
the potential purchaser.
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| 4. |
Maiden or other names used by
the potential purchaser.
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| 5. |
Potential Purchaser's date of
birth.
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| 6. |
Gender of
potential purchaser.
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| 7. |
State of residence.
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| 8. |
Country of Citizenship.
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If the staff needs more information to further identify the potential
purchaser, they can ask for a social
security number, place of birth, race, height, weight, as well as other
identifying information provided on the form 4473.
Based upon the information provided, the POS staff member will execute the background check against
federal (NICS) and state databases that will result in one of the following
determinations:
| Proceed: |
The firearms transaction may proceed, as no disqualifying
information was located in databases available to the POS program that
would prohibit the transfer of a firearm to the potential purchaser. |
| Delayed: |
The firearms licensee will be advised that further
research is necessary and the transfer of the firearm is delayed.
This delay could take anywhere from a few hours to the three
business days allowed by the Act to determine eligibility of the
transferee. (Please keep in mind that if a weekend of legal holiday
occurs during the three days of research, that period of time is not
counted in the total three-day hold.) |
| Denied: |
The firearms licensee will be advised that the transfer of
a firearm would violate federal or state law. |
Persons who have been denied the transfer of a firearm as a result of a background check conducted by the
POS Program may request the reason for the denial. The request must be made
in writing and contain the State Transaction Number (STN) for the denied
transaction. Within 5 business days of receiving the request, the POS Program
will respond in writing with the reason for the denial.
The results of each background check (regardless of the result) may not be disclosed to anyone
other than those who need to know for the purposes directly associated with
the firearms transfer.
Department of Public Safety
Records and Technology Division
333 W. Nye Lane
Suite 100
Carson City, NV 89706
(775)684-6262
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