Texas-Book-Gun Law Armed And Educated - Flipbook - Page 127
the records maintained by the Interstate Identification Index (“IIIˮ),
which contains criminal history records, the National Crime
Information Center (“NCICˮ), which contains records including
warrants and protective orders, as well as the NICS Index, which
contains records of individuals who are prohibited from purchasing
or possessing firearms under either federal or state law. In addition,
if the applicant is not a United States citizen, the application is
processed for an Immigration Alien Query (“IAQˮ) through the
Department of Homeland Security’s Immigration and Customs
Enforcement Division.
2. Responses from NICS
NICS responses to background checks come in three basic forms:
proceed, delay, or deny. The “proceed” response allows for the
transfer to be completed. The “delay” response means that the
transfer may not legally proceed. If the dealer receives a response
of “delay,” NICS has three business days to research the applicant
further. See 27 CFR 478.102. If the dealer has not received a notice
that the transfer is denied after the three business days, then the
transfer may proceed. “Deny” means the transfer should not take
place; a transferee’s options after a “deny” are discussed below.
3. What transactions require background checks?
A background check is required before each and every sale or
other transfer of a firearm from an FFL to a non-licensee unless
an exception is provided under the law. For every transaction that
requires a background check, the purchaser/transferee must also
complete ATF Form 4473. This includes:
• The sale or trade of a firearm;
• The return of a consigned firearm;
• The redemption of a pawned firearm;
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