Administrative Law - CFR - 28 CFR 25.2: Definitions.


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28 CFR 25.2: Definitions.

Appeal

means a formal procedure to challenge the denial of a firearm transfer.

 

ARI

means a unique Agency Record Identifier assigned by the agency submitting records for inclusion in the NICS Index.

 

ATF

means the Bureau of Alcohol, Tobacco, and Firearms of the Department of Treasury.

 

Audit log

means a chronological record of system (computer) activities that enables the reconstruction and examination of the sequence of events and/or changes in an event.

 

Business day

means a 24-hour day (beginning at 12:01 a.m.) on which state offices are open in the state in which the proposed firearm transaction is to take place.

 

Control Terminal Agency

means a state or territorial criminal justice agency recognized by the FBI as the agency responsible for providing state-or territory-wide service to criminal justice users of NCIC data.

 

Data source

means an agency that provided specific information to the NICS.

 

Delayed

means the response given to the FFL indicating that the transaction is in an “Open” status and that more research is required prior to a NICS “Proceed” or “Denied” response. A “Delayed” response to the FFL indicates that it would be unlawful to transfer the firearm until receipt of a follow-up “Proceed” response from the NICS or the expiration of three business days, whichever occurs first.

 

Denied

means denial of a firearm transfer based on a NICS response indicating one or more matching records were found providing information demonstrating that receipt of a firearm by a prospective transferee would violate 18 U.S.C. 922 or state law.

 

Denying agency

means a POC or the NICS Operations Center, whichever determines that information in the NICS indicates that the transfer of a firearm to a person would violate Federal or state law, based on a background check.

 

Dial-up access

means any routine access through commercial switched circuits on a continuous or temporary basis.

 

Federal agency

means any authority of the United States that is an “Agency” under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10).

 

FFL (federal firearms licensee)

means a person licensed by the ATF as a manufacturer, dealer, or importer of firearms.

 

Firearm

has the same meaning as in 18 U.S.C. 921(a)(3).

 

Licensed dealer

means any person defined in 27 CFR 178.11.

 

Licensed importer

has the same meaning as in 27 CFR 178.11.

 

Licensed manufacturer

has the same meaning as in 27 CFR 178.11.

 

NCIC (National Crime Information Center)

means the nationwide computerized information system of criminal justice data established by the FBI as a service to local, state, and Federal criminal justice agencies.

 

NICS

means the National Instant Criminal Background Check System, which an FFL must, with limited exceptions, contact for information on whether receipt of a firearm by a person who is not licensed under 18 U.S.C. 923 would violate Federal or state law.

 

NICS Index

means the database, to be managed by the FBI, containing information provided by Federal and state agencies about persons prohibited under Federal law from receiving or possessing a firearm. The NICS Index is separate and apart from the NCIC and the Interstate Identification Index (III).

 

NICS operational day

means the period during which the NICS Operations Center has its daily regular business hours.

 

NICS Representative

means a person who receives telephone inquiries to the NICS Operations Center from FFLs requesting background checks and provides a response as to whether the receipt or transfer of a firearm may proceed or is delayed.

 

NRI (NICS Record Identifier)

means the system-generated unique number associated with each record in the NICS Index.

 

NTN (NICS Transaction Number)

means the unique number that will be assigned to each valid background check inquiry received by the NICS. Its primary purpose will be to provide a means of associating inquiries to the NICS with the responses provided by the NICS to the FFLs.

 

Open

means those non-canceled transactions where the FFL has not been notified of the final determination. In cases of “open” responses, the NICS continues researching potentially prohibiting records regarding the transferee and, if definitive information is obtained, communicates to the FFL the final determination that the check resulted in a proceed or a deny. An “open” response does not prohibit an FFL from transferring a firearm after three business days have elapsed since the FFL provided to the system the identifying information about the prospective transferee.

 

ORI (Originating Agency Identifier)

means a nine-character identifier assigned by the FBI to an agency that has met the established qualifying criteria for ORI assignment to identify the agency in transactions on the NCIC System.

 

Originating Agency

means an agency that provides a record to a database checked by the NICS.

 

POC (Point of Contact)

means a state or local law enforcement agency serving as an intermediary between an FFL and the federal databases checked by the NICS. A POC will receive NICS background check requests from FFLs, check state or local record systems, perform NICS inquiries, determine whether matching records provide information demonstrating that an individual is disqualified from possessing a firearm under Federal or state law, and respond to FFLs with the results of a NICS background check. A POC will be an agency with express or implied authority to perform POC duties pursuant to state statute, regulation, or executive order.

 

Proceed

means a NICS response indicating that the information available to the system at the time of the response did not demonstrate that transfer of the firearm would violate federal or state law. A “Proceed” response would not relieve an FFL from compliance with other provisions of Federal or state law that may be applicable to firearms transfers. For example, under 18 U.S.C. 922(d), an FFL may not lawfully transfer a firearm if he or she knows or has reasonable cause to believe that the prospective recipient is prohibited by law from receiving or possessing a firearm.

 

Record

means any item, collection, or grouping of information about an individual that is maintained by an agency, including but not limited to information that disqualifies the individual from receiving a firearm, and that contains his or her name or other personal identifiers.

 

STN (State-Assigned Transaction Number)

means a unique number that may be assigned by a POC to a valid background check inquiry.

 

System

means the National Instant Criminal Background Check System (NICS).

Official Citation:
[Order No. 2186-98, 63 FR 58307, Oct. 30, 1998, as amended by Order No. 2727-2004, 69 FR 43900, July 23, 2004]