Today, the Department of Justice announced a final rule authorizing Federal Firearms Licensees (FFLs) to voluntarily use the FBI’s National Instant Criminal Background Check System (NICS) to conduct background checks on certain current and prospective employees.
“Firearms dealers deserve the confidence of knowing their employees are right with the law,” said Attorney General Todd Blanche. “This common-sense change delivers quick and clear background checks for firearms dealers based on the latest FBI information. The Trump Administration will always protect the Second Amendment and the rights of law-abiding gun owners.”
“Under the leadership of President Trump and Attorney General Blanche, this FBI will always protect the Second Amendment and the rights of law-abiding gun owners,” said FBI Director Kash Patel. “This is a common-sense change that appropriately expedites and clarifies the background check process for firearms dealers, and I want to thank our partners for working with us to make it happen.”
The final rule implements a provision of the Bipartisan Safer Communities Act, which directed the Attorney General to issue these regulations. Participation is optional for FFLs and requires the written consent of the employee.
Under the final rule, an FFL may submit Firearm Handler Background Checks (FHCs) of eligible employees. Eligible employees include firearm handlers, employees of licensed manufacturers who have access to unfinished firearm components or manufacturing tools, and independent contractors or agents whose employment duties for an FFL allow them access to firearms, ammunition, or their manufacturing components. Those listed as responsible persons of FFLs are not eligible employees because they already undergo background checks through the Bureau of Alcohol, Tobacco, Firearms and Explosives. Until now, Department of Justice regulations prohibited FFLs from contacting NICS for any purpose other than a proposed firearm transfer.
NICS will search the same databases it does for a firearm transfer: the NICS Indices, the National Crime Information Center, and the Interstate Identification Index. The FFL will receive a NICS Transaction Number and one of three responses: “Pass,” “Pending,” or “Did Not Pass.” FFLs will not receive any of the subject’s underlying record information. A “Did Not Pass” response does not prohibit an FFL from employing the person in a position that does not involve access to firearms or ammunition. Generally, an FFL may conduct one FHC per eligible employee every 12 months, unless the FFL has reasonable cause to believe the employee has become subject to a potentially prohibiting event. The FBI will not charge a fee for these checks.
A subject whose FHC received a “Did Not Pass” response may request the reason for the response and may appeal that response in the same manner and to the same extent as a person who is denied a firearm transfer.
The final rule addresses applicable public comments received on the Notice of Proposed Rulemaking that was published in December 2024. The final rule takes effect 30 days after publication in the Federal Register. The Bureau of Alcohol, Tobacco, Firearms and Explosives will issue separate guidance to FFLs on how to document FHCs.