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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 through the NICS Operation Center at the Federal Bureau of Investigation (FBI), depending upon whether the state is a POC for the NICS.

All FFL dealers in Nevada comply with the Brady Handgun Violence Prevention Act by contacting the Brady Point of Sale program in the Department of Public Safety's Records Bureau with the name and numeric identifiers of prospective gun purchasers.  The Point of Sale staff will clear the sale, deny it, or hold it pending further investigation.  The Point of Sale 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 FBIís National Instant Criminal Background 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 handles more than 100,000 requests per year.  Also, upon request, the Point of Sale 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 the child of such a partner.
  • has been convicted of a misdemeanor crime of domestic violence.
  • is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

After the potential firearm purchaser completes the applicable portions of the Bureau of Alcohol, 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 Point of Sale Program, a $25.00 fee is assessed for each background check performed.  It is highly recommended that prior to contacting the Point of Sale Program for a background check that the FFL collects from the potential purchaser the $25.00 fee.  This fee will be assessed whether a Ďproceedí or a denialí is granted for the transfer of a firearm.  Additionally, once the licensee has made the background check request to the Point of Sale 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, Point of Sale Program staff will require the information listed below. 

1.

The last 5 digits of the Federal Firearm License number and name of the business.

 

2.

The callerís name.

 

3.

The full name of the potential purchaser (last name, first name, middle name, suffix, maiden name or other names, if provided).

 

4.

Potential purchaserís state of residency.

 

5.

Potential purchaserís date of birth.

 

6.

Potential purchaserís gender (male or female).

 

7.

Type of gun transaction (handgun or long gun).

 

8.

Potential purchaserís driverís license number or identification card number.

 

9.

State of issuance for driverís license or identification card.

 

10.

Potential purchaserís country of citizenship.

 

11.

Potential purchaserís place of birth.

 

12.

If the potential purchaser is not a U.S. citizen, the alien registration number or I94 number.

 

If the Point of Sale staff needs more information to further identify the potential purchaser, they may ask for the potential purchaserís social security number, race, height, weight, as well as other identifying information provided on the form 4473.

Based upon the information provided, the Point of Sale 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 Point of Sale 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 Brady Act to determine eligibility of the transferee.  (Weekends and legal holidays are 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 Point of Sale 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 and the purchaserís name and mailing address.  Within 5 business days of receiving the request, the Point of Sale 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.

 

 

Nevada Governor

Brian Sandoval

 

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