Information About NICS Use by FFLs for Private Party Transfers
The purpose of this communication is to assist Federal Firearms Licensees (FFL) who facilitate the transfer of firearms between unlicensed individuals.
On January 16, 2013, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued an open letter to all FFLs regarding the transfer of firearms between unlicensed individuals. The letter provides guidance with respect to private sale transfers facilitated by FFLs as unlicensed individuals do not have the ability to use the National Instant Criminal background Check System (NICS) to conduct a background check on a prospective transferee.
In addition, several states have state laws which prohibit the transfer of firearms between individuals unless a NICS background check is completed. To obtain a copy of the open letter or obtain more information regarding the transfer of firearms between unlicensed individuals, please copy and paste the link provided into your browser https://www.atf.gov/file/56331/download or visit the ATF Web site at www.atf.gov.
With the possibility of increased transfers involving private sale transactions, the NICS Section would like to provide information regarding the use of the NICS during private sale transfer scenarios. The NICS Section will make the option for the transfer of a private sale firearm available to all FFLs not just FFLs having a state law requiring such. This capability will be available to all FFLs on September 16, 2015.
The FFLs may not be required by state law to process private sale transfers; however if you choose to engage in private sale transfers, please note it will be the responsibility of the FFL to specify the transfer as being connected to a private sale. Below is important information for you to know when conducting a NICS background check for the transfer of a private sale.
If you are conducting a NICS background check for the transfer of a private sale firearm via the contracted call centers, when asked by the call center agent, please identify the “type of transaction” as a private sale.
If you are conducting a NICS background check for the transfer of a private sale firearm via the NICS E-Check, please select private sale of a handgun, private sale of a long gun, private sale other, private sale return to seller handgun, private sale return to seller long gun, or private sale return to seller other in the field titled “Purpose ID (18).”
If you have any questions regarding the information provided, please contact the NICS Business Unit at NICSLiaison@ic.fbi.gov. Thank you!
Armed Citizen: Armed Homeowner Expels Intruders
The family dog alerted a homeowner to a morning break-in at their Holladay, Utah home. The homeowner alerted the authorities, retrieved a pistol, and confronted the criminals; driving the thieves from the residence. Police arrived as the intruders were fleeing and arrested the pair. (KSTU, Salt Lake City, Utah 04/27/15)
See more stories of how responsible owners have used their firearms to protect themselves at NRA-ILA Armed Citizen.
Armed Citizen: Auto Sales Worker Halts Masked and Armed Robber
Alan Miller was working at Miller Auto Sales in Chattanooga, Tenn. when a masked and armed man attempted to rob the business. Miller responded by retrieving a gun and shooting the criminal twice, halting the robbery.
Following the incident, one of the business’ customers expressed support for Miller, telling a local media outlet, “I’d have shot him too.” After an investigation, police stated that Miller’s actions were justifiable, with Sgt. Scott Bales of the Chattanooga Police stating, “If you, yourself or another’s life is in danger, you have the right to protect yourself.” (Chattanooga Times Free Press, Chattanooga, Tenn. 03/28/15)
See more stories of how responsible owners have used their firearms to protect themselves at NRA-ILA Armed Citizen.
Armed Citizen: 84-year-old Right-to-Carry Permit Holder Defends Himself and His Wife From Armed Attacker
84-year-old Doug Jandebeur was walking to his vehicle parked outside his business in Tulsa, Okla. when a man approached him from behind, punched him, and robbed him at gunpoint. After taking Jandebeur’s wallet, the criminal then turned his attention to Jandebeur’s business, where the elderly man’s wife was located. In describing to a local media outlet how he reacted to the threat, Jandebeur stated, “I pulled out my automatic and was getting ready to ventilate him.” Upon seeing the firearm, the armed robber fled the scene.
As for Jandebeur’s opinion on the Right-to-Carry, he told reporters, “Anybody who doesn’t arm themselves is asking for trouble.” (KOTV, Tulsa, Okla. 03/18/15)
See more stories of how responsible owners have used their firearms to protect themselves at NRA-ILA Armed Citizen.
Armed Citizen: Right-to-Carry Permit Holder Fells Attacker in Barbershop
An altercation erupted inside Falah Barbershop Inc. in West Philadelphia, Pa., during which one man drew a gun and fired at another person. A Right-to-Carry permit holder was inside the shop at the time of the shooting and responded by drawing a gun and shooting and killing the armed attacker.
Following the incident, Philadelphia Police Captain Frank Llewellyn said of the armed citizen, “He responded and I guess he saved a lot of people in there.” Llewellyn also noted, “There were numerous people in there… so it could have been a lot worse.” (CBS Philly, Philadelphia, Pa. 03/22/15)
See more stories of how responsible owners have used their firearms to protect themselves at NRA-ILA Armed Citizen.
Armed Citizen: Mother Defends Herself and Daughter From Crazed Intruder
A mother was at home with her young child in Newport News, Va. when a stranger behaving erratically began trying to force his way into the home through a door. Concerned for herself and her daughter’s safety, the mother retrieved a gun and called police. The man eventually broke into the home through a window. The mother responded to the intrusion by shooting the home invader twice. When police arrived the criminal was taken to a local hospital; he is expected to recover.
In explaining the incident to a local media outlet, the mother told a reporter, “All I knew is I wanted to stop him from hurting me or hurting my daughter.” The mother added, “It doesn’t make it too much easier to know that I can totally handle my worse fear… But along the same lines, it makes me feel more confident I was able to do what I needed to do.” (WTKR, Hampton Roads, Va. 03/12/15)
See more stories of how responsible owners have used their firearms to protect themselves at NRA-ILA Armed Citizen.
