Top Categories

NICS to be Shut Down in 24-48 Hours? [Updated]

Update #1 10/9/2013 9:15 EST

I was forwarded an email from the FBI stating that the NICS is NOT scheduled to be taken down at this time.

Update #2 10/12/2013 10:00 EST

It has now been more than 48 hours since I received this tip. Even though NICS did not go down as my source predicted, I will leave this post up in the interest of transparency.

I think it’s worth pointing out that I get dozens of “tips” every week, ranging from the plausible to the downright outrageous. If you read Monderno, you’ll notice that this is the first one to be published. My reasons were twofold:

  1. Where the information came from – this wasn’t something I read on a tinfoil hat website, and it wasn’t an anonymous tip (those get promptly deleted by the way).
  2. The potential impact of the information – you’ll notice below that one of my primary goals was to explain the potential impact of the NICS system going down, and to caution folks against overreacting, because again, it would not be the end of the world

As always, I will continue to be extremely cautious about reporting on unsubstantiated information I receive. Thanks for reading Monderno.

[divider_line]

I just received word from a reliable source that the FBI’s National Instant Criminal Background Check System, or NICS, is going to be shut down in the next 24-48 hours due to government “shutdown”.

What is NICS?

In short, NICS is the system used to determine eligibility to purchase a firearm.

Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives. Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that each customer does not have a criminal record or isn’t otherwise ineligible to make a purchase.

You can read more about NICS here.

What this means?

Unless something changes soon, like the Republicans and the Democrats reaching a budget agreement, NICS being shut down will effectively prevent most people from purchasing a firearm. I say most because as some of you already know, this will vary by state. According to ATF.gov:

Firearm transfers are exempt from the requirement for a NICS check in 3 situations. These include transfers: (1) to buyers having a State permit that has been recognized by ATF as an alternative to a NICS check; (2) of National Firearms Act weapons approved by ATF; and (3) certified by ATF as exempt because compliance with the NICS check requirement is impracticable.

[18 U.S.C. 922(t), 27 CFR 478.102(d)]

So for example, in Texas, if you have a Concealed Handgun License, you are exempt under situation number 1 described above, as the Texas CHL (at the time of writing) is a recognized alternative to the NICS check.

You can view a state listing of permits that qualify as alternatives to the NICS check here.

Don’t Panic

While this is certainly irritating, and almost assuredly a political ploy by the Obama administration, I would like to caution folks against panicking. There is no reason to believe that NICS won’t come back online as soon as Congress and the White House get done playing games.

I will update this story as I receive more information.

Please Note

While I trust my source, please treat this as unconfirmed until it actually happens. This is just a heads up to Monderno readers, and a call to not panic as it’s not the end of the world even if it does happen. Take it or leave it.

, ,

42 Responses to NICS to be Shut Down in 24-48 Hours? [Updated]

  1. Havok October 9, 2013 at 4:09 pm #

    I just got an email from the NSSF that NICS is to remain open. That was 8am eastern today.

  2. Hillbilly Bob October 9, 2013 at 4:09 pm #

    Hell I hope the gooberment never ends the shutdown, actually I wish ALL of D.C. would shut down and everyone has to fend for themselves
    OK maybe not that drastic but something has to change

    • agentbuzz October 9, 2013 at 6:27 pm #

      Hillbilly Bob,
      I think ALL federal government departments need to be dismantled except (at most) Defense, Interior, Justice, Treasury, and State. Peter Schiff puts forth that idea in “The Real Crash”. We need a drastic shrinking of the central government.

  3. Vince October 9, 2013 at 4:11 pm #

    This goes beyond pettiness and into the realm of vindictiveness!

  4. ConnorMN October 9, 2013 at 4:17 pm #

    Whats your source? Even the NRA-ILA has confirmed that NICS will continue to operate

  5. Ebbs October 9, 2013 at 4:20 pm #

    The one time I’m actually thankful Colorado has separate CBI checks for firearms.

    • theGinsue October 9, 2013 at 6:18 pm #

      Yep.

  6. HardWayLearnt October 9, 2013 at 4:22 pm #

    “(3) certified by ATF as exempt because compliance with the NICS check requirement is impracticable.” The system being down seems “Impracticable.”

    • TheUglyOne October 9, 2013 at 6:13 pm #

      My thoughts too. If NICS is shut down, that could be the loophole that bites Obummer in the butt.

  7. WoodyTX October 9, 2013 at 4:24 pm #

    Grab the popcorn; we’re in for a show.

  8. dgdimick October 9, 2013 at 4:33 pm #

    I just found out I’m being furloughed next week. While money will be tight, and I most likely have to take money out of my 401(k), I also hope the Gov. doesn’t start up anytime soon.

  9. Geoff October 9, 2013 at 4:54 pm #

    Not a problem for me. I live in South Carolina and have a CWP, but no money to buy guns!

  10. RomeoTangoBravo October 9, 2013 at 4:55 pm #

    I hope this doesn’t come about… That would put an end to my last income stream during this shut down… 🙁

  11. Stone Arms Inc. October 9, 2013 at 5:35 pm #

    Just a bad rumor.

  12. RickyBobby October 9, 2013 at 5:35 pm #

    Just curious, a “friend” has a license to carry that is on that list. If my “friend” wanted to go buy some goods and head to one of those loophole places and sell them to those who don’t have a license, is that legal? My “friend” has no desire to make a profit, just wants to do their part if this actually happens. If that is legal. I would hate to see my friend get in any trouble.

    That being said, it would be insane of the administration to shut the system down given all the rhetoric about the need for background checks to be implemented everywhere. it would push everyone who at this point is willing to jump through the background check hoop to try out the loophole route, many of them likely for the first time.

    • Robbie October 9, 2013 at 8:50 pm #

      RickyBobby the ATF will probably consider that as dealing in firearms if you (sorry your “friend”) were to purchase with the sole purpose of reselling them even if you are not trying to turn a profit and without having a FFL it is illegal. Also, posting this kind of stuff on a public forum is never a good idea either. I am sure Brandon doesn’t want to deal with a search warrant from the ATF asking for your IP info, because some gun grabbing liberal saw this post and reported it.

    • davidweller924304875 October 9, 2013 at 8:58 pm #

      Straw Purchase. Enjoy your felony conviction and free 10 year stay at Club Fed.

      Seriously though, it’s not technically a “straw purchase”, but if the ATF gets wind that you’re functioning as an “unlicensed dealer” (let’s say you buy, then “flip”, 5 guns a year), you might not get convicted if they arrest you, but I can guarantee that your bank account will be depleted (as well as any retirement assets and property) just defending yourself in federal court (and they will throw a LOT of charges at you — read “Three Felonies A Day” by Harvey Silverglate if you want the shit scared out of you).

      truth be told though, this happens a LOT, and the only reason there aren’t a lot more arrests and convictions is because the ATF is understaffed for those kind of investigations — too many agents letting guns go to Mexico, it would seem.

    • Tyler Cruse October 10, 2013 at 8:57 am #

      @RickyBobby
      I think that your assumption about the government “needing background checks” is questionable at best. If the government was interested in public safety, laws against false statements on 4473 forms would be enforced, which they are not. So, the only other justification for background checks is a proxy gun registration scheme that provide a means for gun confiscation should there ever be an excuse.

  13. Luke October 9, 2013 at 5:53 pm #

    After you published this, I reached out to several FFLs in the area, heard back from 3 of them at this point, nobody has heard anything about a possible shutdown.

    I will say, that shutting down NICS would be an interesting bit of leverage for the administration. Time will tell I guess.

    • Brandon October 9, 2013 at 8:30 pm #

      Thanks Luke. For what it’s worth, the info did not come from an FFL.

  14. Zac October 9, 2013 at 6:34 pm #

    Well, isn’t there a law that says if you don’t here back in 3 days then the sale is ok?

    • Brandon October 9, 2013 at 8:29 pm #

      I could be wrong, but I believe that only applies after the check has been initiated. I’d have to verify that though.

  15. Jeremy October 9, 2013 at 7:38 pm #

    Just got an email from the feds. NICS is operating under normal hours.

    • Conrad October 9, 2013 at 9:12 pm #

      Can you forward a copy of that email to conrad.miller@strongsideholsters.com

      • Jeremy October 9, 2013 at 9:16 pm #

        Sure.

      • CN October 10, 2013 at 3:00 pm #

        You might want to edit that post if possible Conrad, you’re going to get a ton of spam now if it stays up, because of bots crawling the web looking for raw email addies.

  16. davidweller924304875 October 9, 2013 at 7:51 pm #

    The FBI just sent this statement to me, “At this time, there are no expected outages or maintenance of the NICS scheduled.” (I’m an FFL and get these notifications as part of the NICS program).

    So, nothing to see here. Move along.

    • Brandon October 9, 2013 at 8:26 pm #

      Thanks, I got the same email. Story updated.

      • CN October 10, 2013 at 3:01 pm #

        Brandon, if your source is reliable presumably you have some continued contact with him/her. It would be nice if you could update the post with his/her explanation of why this is actually a non-issue.

        • Brandon October 10, 2013 at 3:11 pm #

          My source stands by what he told me, so I guess we’ll see. Personally I hope we get a funding deal and this whole mess can be over with.

    • TK October 9, 2013 at 8:45 pm #

      Meant to reply here to davidweller924304875…”at this time” is an interesting way to state it.

    • Chase J October 9, 2013 at 8:48 pm #

      Sounds like damage control to me.

      • Brandon October 9, 2013 at 8:49 pm #

        Maybe, maybe not Chase…

        • davidweller924304875 October 9, 2013 at 8:51 pm #

          It’s definitely “damage control,” but not because of anything THEY started. Think of it this way — you have a small(er) staff to handle NICS stuff. Now all of the sudden FFLs are calling asking about NICS being shut down instead of making background checks. Tied up lines, frustration because staff is responding to unfounded rumors, etc. They’re not trying to cover THEIR asses, they’re trying to cover for some ass who started an unsubstantiated rumor.

  17. TK October 9, 2013 at 8:44 pm #

    “at this time”…

    Interesting way to put it. Keep us updated, I don’t trust these idiots for one second.

  18. J4Liberty October 9, 2013 at 10:58 pm #

    I work for NICS unfortunately (until I get out of school) and have heard nothing about it being shutdown.

    • Brandon October 9, 2013 at 11:01 pm #

      Thanks for the info.

  19. 100atr October 10, 2013 at 6:25 am #

    I guess we wait and see!

  20. RTC October 10, 2013 at 10:59 am #

    That would be great …. if NICS doesn’t respond in 3 business days the transfer automatically goes through!

  21. George November 7, 2013 at 11:45 am #

    Trying to contact NICS from Michigan 1-877-324-6427 busy signal. 12:45pm Detroit, Michigan.

    • Jeremy November 8, 2013 at 8:29 am #

      They were having phone issues yesterday. Should be back up already. The online check almost never has issues, so it’s definitely worth a look.