________________________________
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
to our founding fathers for the constitution.