FOR STATE AND TRIBAL GOVERNMENTS: Section 103 of the Act, regarding implementation assistance to the states, says that the grants "shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts, to establish or upgrade information and identification technologies for firearms eligibility determinations."
The law says that grants to states or American Indian tribes may only be used to—
- create electronic systems, which provide accurate and up-to-date information that is directly related to checks under the NICS, including court disposition and corrections records
- assist states in establishing or enhancing their own capacities to perform NICS background checks
- supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS
- supply accurate and timely information to the Attorney General concerning the identity of persons who have a federally prohibiting mental health adjudication or commitment
- supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in federal and state law enforcement databases used to conduct NICS background checks
- collect and analyze data needed to demonstrate levels of state compliance with the Act
- maintain the relief from disabilities program in accordance with Section 105, but not less than 3% and no more than 10% of each grant shall be used for this purpose.
FOR STATE COURT SYSTEMS: Section 301 of the Act, regarding grants to state court systems for the improvement of automation and transmittal of disposition records, says that grants be made to each state, consistent with state plans for the integration, automation, and accessibility of criminal history records, for use by the state court system to improve automation and transmittal to federal and state repositories of—
- criminal history dispositions
- records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence or a prohibiting domestic violence protection order
- prohibiting mental adjudications and commitments.
The law says that the amounts granted will be used by the state court system only —
(1) to carry out, as necessary, assessments of the capabilities of state courts to automate and transmit arrest and conviction records, court orders, and mental health adjudications or commitments to federal and state record repositories; and
(2) to implement policies, systems, and procedures to automate and transmit arrest and" conviction records, court orders, and mental health adjudications or commitments to federal and state record repositories.
Interagency Personnel Agreement (IPA) participants are selected by the BJS director or a designee and are based on the employee’s qualifications and interests, BJS needs, and the mutual benefits to BJS and the organization employing the candidate. IPA projects should focus on improving one or more of BJS’s statistical programs. BJS’s statistical programs and data collections are described on the BJS website at https://bjs.ojp.gov/data-collections.
Recent BJS efforts to improve its statistical infrastructure have focused on survey design, the use of administrative records for statistical purposes, data quality assessments, and record linkage. There is a wide range of opportunities for an IPA within these general areas. For example, the survey design area includes sampling for continuous administration of establishment surveys and alternative sample designs for the National Crime Victimization Survey that address within-place explicit stratification to increase the number of victims who respond to the survey.
BJS is interested in developing survey instruments for new topical areas and aligning BJS’s surveys with other national survey instruments to facilitate comparisons. Within the area of using administrative records, BJS and the federal statistical system have interests in developing an administrative records analogue to the total survey error model for sample surveys.
Examples of other areas of interest include—
- National Crime Victimization Survey—
- Small area estimation, using both sample data collected directly within states and model-based approaches
- Interviewing juveniles and persons younger than age 12 on sensitive topics related to criminal victimization.
- Law enforcement statistics—
- Demonstrating the utility of incident-based crime statistics (such as the National Incident-Based Reporting System) for statistical, research, and evaluation purposes.
- Recidivism statistics—
- Assessing the quality of criminal history records (also known as records of arrest and prosecution, or RAP sheets) for completeness and operational and statistical uses
- Federal justice statistics—
- Assessing the quality of imputation and using the “dyad link” file in the Federal Justice Statistics Program.
- Indian country statistics—
- Designing and conducting surveys of criminal justice systems in Indian country with assistance from experts on Indian country issues.
- Juvenile justice statistics—
- Using existing BJS statistical program data to develop statistics on juvenile victims and offenders, and on contact of juveniles with adult criminal justice agencies.
Because the range of topics is potentially wide, individuals interested in considering an IPA arrangement should talk with BJS about their ideas.
The NICS is a national system that checks available records in three databases to determine if prospective transferees are disqualified from receiving firearms. It is administered by the Federal Bureau of Investigation (FBI). A NICS check includes a check of the following three databases that are maintained by the FBI:
- Interstate Identification Index (III), a database of criminal history record information,
- National Crime Information Center (NCIC), which includes information on persons subject to civil protection orders and arrest warrants
- NICS Indices, which includes the information contributed by federal and state agencies identifying persons prohibited from possessing firearms who are not included in the III or NCIC, such as persons with a prohibiting mental health history or who are illegal or unlawful aliens.
When the transferee is not a U.S. citizen, a separate query is run to confirm the transferee's immigration status. If a NICS check identifies a person as falling within a prohibited category, the FBI advises the FFL that the transfer is "denied." Individuals can appeal denials and seek correction of information in the FBI databases by either applying to the FBI or the federal or state agency that contributed the information to the FBI.
FOR STATES: The NIAA has provisions that encourage states to meet specified goals for completeness of the records submitted to the Attorney General on individuals prohibited by federal law from possessing firearms. The records covered include automated information needed by the NICS to identify felony convictions, felony indictments, fugitives from justice, drug arrests and convictions, federally prohibiting mental health adjudications and commitments, domestic violence protection orders, and misdemeanor crimes of domestic violence. The Act provides for a number of incentives for states to meet the goals it sets for greater record completeness.
- First, the Act allows states to obtain a waiver, beginning in 2011, of the National Criminal History Improvement Program's (NCHIP) state matching requirement for NCHIP grants, if a state provides at least 90 percent of its records identifying the specified prohibited persons.
- Second, the Act authorizes a separate grant program to be administered consistent with NCHIP, for state executive and judicial agencies to establish and upgrade information automation and identification technologies for timely submission of final criminal record dispositions and other information relevant to NICS checks. Up to 5% of the grants may be reserved for Indian tribal governments and judicial systems.
- Finally, the Act provides for discretionary and mandatory Byrne grant penalties for non-compliance with record completeness requirements: During the 2-year period beginning 3 years after the date of enactment of the Act, up to 3% may be withheld in the case of less than 50% completeness; during the 5-year period beginning 5 years after the date of enactment of the Act, up to 4% may be withheld in the case of less than 70% completeness; thereafter, 5% must be withheld in the case of less than 90% completeness (although the mandatory reduction can be waived if there is substantial evidence of the state making a reasonable effort to comply).
IN THE FEDERAL SYSTEM: The NIAA creates an independent statutory obligation for federal agencies to report records identifying prohibited persons to the Attorney General no less than quarterly. It also requires federal agencies that issue prohibiting mental health adjudications or commitments establish a program under which a person subject to such an adjudication or commitment can apply for relief from his or her firearms disability according to standards under 18 U.S.C. § 925(c). Additionally, the Act provides that a prohibiting adjudication or commitment issued by a federal agency or department may be nullified in certain instances by a qualified set aside, expungement, release from mandatory treatment, or other specified means.
CHANGE TO THE MENTAL HEALTH PROHIBITOR: Prior to the NIAA, section 922(g)(4) was effectively a lifetime prohibition on possessing firearms by any person "who had been adjudicated a mental defective or who has been committed to a mental institution." The Act, however, provides that when relief is granted under a federal or state relief from disabilities program that meets the requirements of the Act, or when certain automatic relief conditions are met with respect to persons federally adjudicated or committed, the event giving rise to the mental health disability is "deemed not to have occurred" for purposes of the federal firearm prohibition.
FOR STATE AND TRIBAL GOVERNMENTS: Section 103 of the Act, regarding implementation assistance to the states, provides that the grants "shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts, to establish or upgrade information and identification technologies for firearms eligibility determinations."
The law provides that grant to states or Indian tribes may only be used to—
- create electronic systems, which provide accurate and up-to-date information that is directly related to checks under the NICS, including court disposition and corrections records
- assist states in establishing or enhancing their own capacities to perform NICS background checks
- supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS
- supply accurate and timely information to the Attorney General concerning the identity of persons who have a federally a prohibiting mental health adjudication or commitment
- supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in federal and state law enforcement databases used to conduct NICS background checks
- collect and analyze data needed to demonstrate levels of state compliance with the Act
- maintain the relief from disabilities program in accordance with section 105, but not less than 3% and no more than 10% of each grant shall be used for this purpose.
FOR STATE COURT SYSTEMS: Section 301 of the Act, regarding grants to state court systems for the improvement of automation and transmittal of disposition records, provides that grants shall be made to each state, consistent with state plans for the integration, automation, and accessibility of criminal history records, for use by the state court system to improve automation and transmittal to federal and state repositories of—
- criminal history dispositions
- records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence or is the subject of a prohibiting domestic violence protection order
- prohibiting mental adjudications and commitments.
The law provides that the amounts granted shall be used by the state court system only to—
- carry out, as necessary, assessments of the capabilities of state courts to automate and transmit arrest and conviction records, court orders, and mental health adjudications or commitments to federal and state record repositories
- implement policies, systems, and procedures to automate and transmit arrest and conviction records, court orders, and mental health adjudications or commitments to federal and state record repositories.
Recognizing the need to automate state record systems that contribute most of the relevant information to the FBI record systems that would be checked by the NICS, the Brady Act established NCHIP, a program of grants to be used by the states to create or improve computerized criminal history record systems, assist in the transmittal of criminal records for use by the NICS, and improve access to the NICS. NCHIP is administered by the Department's Office of Justice Programs through the Bureau of Justice Statistics. At the state level, NCHIP grants are administered by state agencies designated by the Governor for this purpose. Since 1995, NCHIP has provided over $699 million in grants to the states to improve the automation of their record systems that contribute to the FBI information used in NICS checks.
Notwithstanding these efforts under NCHIP and the tremendous progress the state and federal criminal justice information repositories have made in record automation since 1995, the databases checked by the FBI are still missing significant percentages of relevant data that originate in the states, including final dispositions of records of arrests for prohibiting offenses, records of convictions for domestic violence misdemeanor offenses, and information identifying persons with prohibiting domestic violence protection orders or with disqualifying mental health adjudications and commitments.
At the state level, criminal records are usually maintained by the state police or public safety agency. You should contact this agency in your state concerning records they maintain and the procedures for correcting or challenging the accuracy of information the records contain. At the federal level, criminal records are maintained by the Federal Bureau of Investigation (FBI). An individual may request a copy of his or her own FBI Identification Record for personal review or to challenge information on the record. Other reasons an individual may request a copy of his or her own Identification Record may include international adoption or to satisfy a requirement to live or work in a foreign country (i.e., police certificate, letter of good conduct, criminal history background, etc.). Instructions for requesting a copy of the record from the FBI are available at: https://forms.fbi.gov/fbi-efoia-request-form.
National Criminal History Improvement Program (NCHIP) provides financial and technical support to states in improving the accuracy, utility, and interstate accessibility of criminal history records and enhancing records of protective orders involving domestic violence and stalking, sex offender records, automated identification systems, and other state systems supporting national records systems and their use for background checks.
State Justice Statistics (SJS) Program for Statistical Analysis Center (SAC) offers technical and financial support to states to establish and maintain a state-level capacity to collect, analyze, and report statistics on crime and justice in order to contribute to effective state policies and programs and to participate in national data series. Through the creation of SACs, BJS encourages analyses of evolving criminal justice topics of interest within the state using data gathered from state and local agencies and promotes statistical inquiries into improved measures of crime incidence and prevalence.
The purpose of the Bureau of Justice Statistics' (BJS) NCHIP is to ensure that accurate records are available for use in law enforcement—including sex offender registry requirements—and to protect public safety and national security. Also, NCHIP permits states to identify—
- ineligible firearm purchasers
- persons ineligible to hold positions involving children, the elderly, or the disabled
- persons subject to protection orders or wanted, arrested, or convicted of stalking or domestic violence or both
- persons ineligible to be employed or hold licenses for specified positions
- persons potentially presenting threats to public safety
For further information about NCHIP, visit the NCHIP section of our site.
The Brady Act recognizes the need to automate state record systems that contribute most of the relevant information to the FBI record system, which would be checked by the National Instant Criminal Background Check System (NICS). The Brady Act established the National Criminal History Improvement Program (NCHIP)—a program of grants to be used by the states to create or improve computerized criminal history record systems—to assist in the transmittal of criminal records for use by the NICS and improve access to the NICS. NCHIP is administered by the Department's Office of Justice Programs through the Bureau of Justice Statistics (BJS). At the state level, NCHIP grants are administered to state agencies designated by the Governor. Since 1995 NCHIP has provided over $500 million in grants to states to improve the automation of record systems that contribute to the FBI information used in NICS checks.
Notwithstanding these efforts under NCHIP and the tremendous progress the state and federal criminal justice information repositories have made in record automation since 1995, the databases checked by the FBI are still missing significant percentages of relevant data that originate in the states, including final dispositions of records of arrests for prohibiting offenses, records of convictions for domestic violence misdemeanor offenses, and information identifying persons with prohibiting domestic violence protection orders or with disqualifying mental health adjudications and commitments.
FOR STATES: The NICS Improvement Act has provisions that require states to meet specified goals for completeness of the records submitted to the Attorney General on individuals prohibited by federal law from possessing firearms. The records covered include automated information needed by the NICS to identify felony convictions, felony indictments, fugitives from justice, drug arrests and convictions, federally prohibiting mental health adjudications and commitments, domestic violence protection orders, and misdemeanor crimes of domestic violence.
The Act provides for a number of incentives for states to meet the goals it sets for greater record completeness.
-- First, the Act allows states to obtain a waiver, beginning in 2011, of the National Criminal History Record Improvement Program's (NCHIP) state matching requirement, if a state provides at least 90 percent of its records identifying the specified prohibited persons.
-- Second, the Act authorizes grant programs to be administered consistent with NCHIP, for state executive and judicial agencies to establish and upgrade information automation and identification technologies for timely submission of final criminal record dispositions and other information relevant to NICS checks. Up to 5 percent of the grants may be reserved for Indian tribal governments and judicial systems. For Fiscal Year 2009, $10 million has been appropriated.
-- Finally, the Act provides for discretionary and mandatory Byrne grant penalties for non-compliance with record completeness requirements: after 3 years, 3 percent may be withheld in the case of less than 50 percent completeness; after 5 years, 4 percent may be withheld in the case of less than 70 percent completeness; and after 10 years, 5 percent shall be withheld in the case of less than 90 percent completeness (although the mandatory reduction can be waived if there is substantial evidence of the state making a reasonable effort to comply).
IN THE FEDERAL SYSTEM: The NICS Improvement Act creates an independent statutory obligation for federal agencies to report records identifying prohibited persons to the Attorney General. It also requires that federal agencies that issue prohibiting mental health adjudications or commitments establish a program under which a person subject to such an adjudication or commitment can apply for relief from his or her firearms disability according to standards under 18 U.S.C. 925(c). Additionally, the Act provides that a prohibiting adjudication or commitment issued by a federal agency or department may be nullified in certain instances by a qualified set aside, expungement, release from mandatory treatment, or other specified means.
CHANGE TO THE MENTAL HEALTH PROHIBITOR: Prior to the NICS Improvement Act, section 922(g)(4) was effectively a lifetime prohibition on possessing firearms by any person "who had been adjudicated a mental defective or who has been committed to a mental institution." The Act, however, provides that when relief is granted under a federal or state relief from disabilities program that meets the requirements of the Act, or when certain automatic relief conditions are met with respect to persons federally adjudicated or committed, the event giving rise to the mental health disability is "deemed not to have occurred" for purposes of the federal firearm prohibition.
The NICS is administered by the Federal Bureau of Investigations (FBI). A NICS check includes a check of three databases maintained by the FBI, including the:
- Interstate Identification Index (III), a database of criminal history record information,
- National Crime Information Center (NCIC) which includes information on persons subject to civil protection orders and arrest warrants, and
- NICS Index which includes the information contributed by federal and state agencies identifying persons prohibited from possessing firearms who are not included in the III or NCIC, such as persons with a prohibiting mental health history or who are illegal or unlawful aliens.
If a NICS check identifies a person as falling within a prohibited category, the FBI advises the FFL that the transfer is "denied." Individuals can appeal denials and seek the correction of the information in the FBI databases by either applying to the FBI or the federal or state agency that contributed the information to the FBI.
The NICS Improvement Act grant programs do not supplant NCHIP. Rather, the NICS Improvement Act grants are to be made in a manner "consistent with" and "in accordance with" NCHIP. The major difference from NCHIP is that the NICS Improvement Act grants may only be used for specified purposes related to achieving the completeness goals for the records directly related to NICS checks. In addition, the NICS Improvement Act authorizes a separate grant program for funding that is dedicated to be used by state courts systems, where most of the disposition information missing from the national repositories originates.
For further information on any of these topics, please email the Office of Intergovernmental and Public Liaison, U.S. Department of Justice.