Original Blog Entry: Brady Handgun Violence Prevention Act Of 1993

JAP69 — Sun, 21 Apr 2013 13:03:53 GMT

________________________________

BRADY HANDGUN VIOLENCE

PREVENTION ACT OF 1993

http://www.fbi.gov/about-us/cjis/nics/general-information/nics_overview.pdf

excerpt:

All states have the option to implement a state

-

based NICS program. Such states serve as a point

of contact (POC) between the NICS and the state s

FFL

s. The FFLs conducting business in these POC

states contact a state

-

designated agency to initiate

all background checks.

The FFLs conducting business in the states that do

not operate in a POC capacity, otherwise known as

non

-

POC states, contact the FB

I Criminal Justice

Information Services Division s NICS Section to

initiate background checks. Also, several states

share responsibility with the FBI for processing

background checks for the state s FFLs. These

partial

-

POC states process the FFL s handgun

checks, while the FBI processes the FFL s long gun

checks.

excerpt:

A deny message from the NICS indicates

the

subject of the background check has be

en

matched with a similar name and/or similar

descriptive information of a record containing a

state law prohibition or the following

federally

prohibitive criteria:

18

U.S.C. 922 (g)(1)

Has been convicted in any court of a crime

punishable by imprison

ment for a term

exceeding one year

18

U.S.C. 922 (g)(2)

Is a fugitive from justice

18

U.S.C. 922 (g)(3)

Is an unlawful user of or addicted to any

controlled substance

18

U.S.C. 922 (g)(4)

Has been adjudicated as a mental defective

or committed to a me

ntal institution

18

U.S.C. 922 (g)(5)

Is an alien illegally or unlawfully in the

United States or who has been admitted to the

United States under a nonimmigrant visa

18

U.S.C. 922 (g)(6)

Has been discharged from the Armed Forces

under dishonorable co

nditions

18

U.S.C. 922 (g)(7)

Having been a citizen of the United States,

has renounced U.S. citizenship

18

U.S.C. 922 (g)(8)

Is subject to a court order that restrains the

person from harassing, stalking, or

threatening an intimate partner or child of

such intimate partner

18

U.S.C. 922 (g)(9)

Has been convicted in any court of a

misdemeanor crime of domestic violence

18

U.S.C. 922 (n)

Is under indictment for a crime punishable by

imprisonment for a term exceeding one year

Please reference the Fede

ral Register, Volume

62, Number 124,

Rules and Regulations

,

for

more complete definitions of the prohibiting

categories

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