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United States · Business

Firearms Dealers Gain Optional NICS Employee Checks

A final rule permits licensed firearms businesses to screen eligible workers with written consent.

Federally licensed firearms businesses will be able to use the FBI’s National Instant Criminal Background Check System for certain current and prospective employees under a final Justice Department rule.

The option is voluntary and requires the worker’s written consent. Eligible people include firearm handlers, manufacturing employees with access to unfinished components or tools, and contractors or agents whose duties allow access to firearms, ammunition or manufacturing components. People already listed as responsible persons on a federal firearms licence are excluded because they undergo separate checks.

NICS will return “Pass,” “Pending” or “Did Not Pass” without disclosing the underlying record. A negative response does not bar employment in a role without access to firearms or ammunition, and the worker may seek the reason and appeal as in a denied firearm transfer. In general, a dealer may run one check per eligible worker every 12 months, unless a potentially disqualifying event provides reasonable cause.

The rule implements the Bipartisan Safer Communities Act and takes effect 30 days after Federal Register publication. The official announcement describes its scope.

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