NICS Denial Notification Act

The Best online firearms community in Louisiana.

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • rcm192

    Sic semper tyrannis
    Staff member
    Rating - 100%
    111   0   0
    May 31, 2010
    6,207
    63
    New Orleans area
    Check this email out....gonna make my job more difficult and more unconstitutional. Lame. Now they want your address in a delay....so that means if you get a delay for a TWIC card, common name, etc bs reason then they've got your personal info. Not too thrilled about it for those who get delayed.

    Read below and let's discuss what you guys think about this crap.....



    NICS Denial Notification Act
    Synopsis: On or around 9/26/2022, FFLs will be prompted to provide the address of the buyer on all denied or delayed transactions. Read below for more details.



    The Consolidated Appropriations Act of 2022 (hereinafter “Act”) was signed into law on
    March 15, 2022. Section 1101 of the Act included the “NICS Denial Notification Act of 2022.” The Act requires the Attorney General to report background check denials to state authorities and will require the FBI Criminal Justice Information Services Division’s National Instant Criminal Background Check System (NICS) Section to report all FBI NICS denied transactions to local law enforcement within 24 hours beginning October 1, 2022. The NICS Section plans to implement this change on September 26, 2022.



    The denial notification will include the date and time of the denial, the reason for the denial, the location of the federal firearms licensee (FFL), and the identity of the person. The NICS denial notifications will be transmitted electronically to the appropriate receiving authorities within each state based on the city, state, county, and zip code combination of the FFL location and the city, state, county, and if different, the zip code combination of the attempted transferee’s home address. If at any time, the original denial is changed to a proceed, an updated notification to those agencies originally notified will be required.



    The NICS Section is working diligently on developing the tools to make this notification as seamless as possible. To make the necessary notifications, all FFLs will be required to provide the buyer’s complete address as recorded on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473. For FFLs who initiate a check by contacting the NICS Contracted Call Center (NCCC), the address will be required if the customer receives a delay or a denied status. The information will be required before the status is provided by the NCCC. For FFLs that initiate the check through the NICS E-Check, the address will be required if the customer receives a delay or denied response. The response will not be retrievable until the information is provided. Once the system is updated to allow for the capturing of this information an additional notification will be provided. In addition, if the transfer occurs at a qualifying gun show, future programming may allow for the full address of the gun show location to be entered also.
     

    frankinola

    Well-Known Member
    Rating - 100%
    3   0   0
    Feb 3, 2012
    277
    28
    I guess no one is aware of the LA law...
    RS 14:95.1.3




    §95.1.3. Fraudulent firearm and ammunition purchase; mandatory reporting
    A. It is unlawful for any person:
    (1) To knowingly solicit, persuade, encourage, or entice a licensed dealer or private seller of firearms or ammunition to sell a firearm or ammunition under circumstances which the person knows would violate the laws of this state or of the United States.
    (2) To provide to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a sale of a firearm or ammunition.
    (3) To willfully procure another person to engage in conduct prohibited by this Section.
    B. For purposes of this Section:
    (1) "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm.
    (2) "Licensed dealer" means a person who is licensed pursuant to 18 U.S.C. 923 to engage in the business of dealing in firearms or ammunition.
    (3) "Materially false information" means information that portrays an illegal transaction as legal or a legal transaction as illegal.
    (4) "Private seller" means a person who sells or offers for sale any firearm or ammunition.
    C. The provisions of this Section shall not apply to a law enforcement officer acting in his official capacity or to a person acting at the direction of such law enforcement officer.
    D. Whoever violates the provisions of Subsection A of this Section shall be fined not less than one thousand dollars or more than five thousand dollars, or imprisoned, with or without hard labor, for not more than twenty years, or both. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
    E.(1) If a person is reported ineligible to purchase firearms by the National Instant Criminal Background Check System (NICS), the licensed dealer shall report the NICS denial to the sheriff of the parish in which the attempted purchase occurred and to the Louisiana Automated Victim Notification System.
    (2) If at any time a law enforcement agency discovers that a licensed dealer knew or should have known that a purchaser or attempted purchaser of a firearm was prohibited from possessing a firearm and the licensed dealer failed to report as required by this Section, the sheriff or law enforcement agency shall notify all state and federal licensing agencies of the licensed dealer's failure to report.
    Acts 2012, No. 335, §1; Acts 2018, No. 367, §1, eff. Oct. 1, 2018.
     

    rcm192

    Sic semper tyrannis
    Staff member
    Rating - 100%
    111   0   0
    May 31, 2010
    6,207
    63
    New Orleans area
    I guess no one is aware of the LA law...
    RS 14:95.1.3




    §95.1.3. Fraudulent firearm and ammunition purchase; mandatory reporting
    A. It is unlawful for any person:
    (1) To knowingly solicit, persuade, encourage, or entice a licensed dealer or private seller of firearms or ammunition to sell a firearm or ammunition under circumstances which the person knows would violate the laws of this state or of the United States.
    (2) To provide to a licensed dealer or private seller of firearms or ammunition what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a sale of a firearm or ammunition.
    (3) To willfully procure another person to engage in conduct prohibited by this Section.
    B. For purposes of this Section:
    (1) "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm.
    (2) "Licensed dealer" means a person who is licensed pursuant to 18 U.S.C. 923 to engage in the business of dealing in firearms or ammunition.
    (3) "Materially false information" means information that portrays an illegal transaction as legal or a legal transaction as illegal.
    (4) "Private seller" means a person who sells or offers for sale any firearm or ammunition.
    C. The provisions of this Section shall not apply to a law enforcement officer acting in his official capacity or to a person acting at the direction of such law enforcement officer.
    D. Whoever violates the provisions of Subsection A of this Section shall be fined not less than one thousand dollars or more than five thousand dollars, or imprisoned, with or without hard labor, for not more than twenty years, or both. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
    E.(1) If a person is reported ineligible to purchase firearms by the National Instant Criminal Background Check System (NICS), the licensed dealer shall report the NICS denial to the sheriff of the parish in which the attempted purchase occurred and to the Louisiana Automated Victim Notification System.
    (2) If at any time a law enforcement agency discovers that a licensed dealer knew or should have known that a purchaser or attempted purchaser of a firearm was prohibited from possessing a firearm and the licensed dealer failed to report as required by this Section, the sheriff or law enforcement agency shall notify all state and federal licensing agencies of the licensed dealer's failure to report.
    Acts 2012, No. 335, §1; Acts 2018, No. 367, §1, eff. Oct. 1, 2018.
    Yea that's been in effect for sometime on denied transactions. I'm very familiar with it. But now it's the delays. No bueno.
     

    DBMJR1

    Madame Mayor's Fiefdom
    Rating - 100%
    23   0   0
    Jul 27, 2008
    2,327
    113
    New Orleans, La.
    But wait. It gets better.

    Soon, EVERY buyer who is 18 to 20 years old will automatically receive a 10 day delay. Their address will have to be reported. They can expect a knock on the door, inquiring why they wish to purchase a firearm, and which school they intend to shoot up.
     

    machinedrummer

    Well-Known Member
    Rating - 100%
    2   0   0
    Apr 5, 2010
    3,706
    113
    Kingwood, Tx
    Maybe one should be held without bond if delayed till it goes through. It might just save a life. After all it for the children. Maybe buying gas, knives, power tools, hammers, etc…the same scrutiny should apply. Let’s not forget vehicles.
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,766
    113
    Baton Rouge, LA
    Yea that's been in effect for sometime on denied transactions. I'm very familiar with it. But now it's the delays. No bueno.
    I'm not doubting the information you got on your side. I don't believe you would pass on info you know to be wrong. But information was recently sent out regarding this issue to explain how the information will make its way to the local leo's and it only talks about denials, nothing about delays. It included a flyer from the FBI's CJIS Division and the flyer didn't mention delays, only denials.
     

    Forum statistics

    Threads
    195,616
    Messages
    1,548,777
    Members
    29,270
    Latest member
    Apple cider vinegarOTR
    Top Bottom