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. 

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:
 

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.