NICS Command Center

      Today, November 30, 1998, the permanent provision of the Brady Act went into effect, with the National Instant Check System (NICS) replacing the five-day waiting period on the purchase of handguns from Federal Firearms License (FFL) holders. NRA-ILA anticipated that the system could have some bugs when it first went on-line, and indeed, the FBI reports that the NICS system "crashed" on its first day of operation.

      The FBI interprets the statute to mean that if NICS is not operating, then only a three-day waiting period must be observed by dealers, absent any other state or local law.

      We want to ensure that NICS is implemented fairly, effectively, and executed in a timely manner as originally intended. If you have experienced difficulties with NICS today, or if you have problems in the future, please be sure to fully document the problem, and send us the information in writing -- which should include your name, address, telephone number, and the problem you encountered -- so that we can expose any intentional or unintentional shortcomings with the implementation of NICS. We also ask that you write to both of your U.S. Senators, as well as your U.S. Representative, and inform them of any problems that may exist, and your desire to see them corrected.

      Please remember, however, that not all states are affected by the implementation of NICS in the same manner. Some states will act as the point of contact (POC) for NICS checks on all firearm purchases, some for handguns only, and some for neither. In instances where the state will not act as the POC, FFL holders will contact the FBI directly by phone to run the NICS check. The following list was provided by the FBI.

NICS Command Center

      If your state is acting as the POC on all or some checks, you may not experience any changes in the procedures you have already been following. So far, problems have been concentrated in the states where FFL holders are contacting FBI directly. Again, if you experience any serious problems with the implementation of the NICS check, make note of what happened, and let us know either by fax or mail. If you wish to fax us the information, please send it to (703) 267-3918, and be sure to note on your cover sheet that the fax is in regards to problems with NICS. If you wish to mail the information, please use the address listed above, and put "To the Attention of: NICS Problems" on the envelope. And remember to let your lawmakers know of any problems as well.

      Also, tomorrow, NRA will be holding a press conference, featuring NRA Executive Vice President Wayne LaPierre and NRA-ILA Executive Director James J. Baker, to announce our intention to file a lawsuit challenging the FBI's intention to keep records on approved NICS checks, rather than destroying them as federal law requires. We will be making more information available on this suit tomorrow after the press conference, which is scheduled to take place at 10:00 a.m. Eastern Time.

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This information is provided as a service of the National Rifle Association Institute for Legislative Action, Fairfax, VA.

This and other information on the Second Amendment and the NRA is available at: http://WWW.NRA.Org