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The Justice Department announced a final rule on Friday, 30 October, that lets federal firearms licensees voluntarily run FBI background checks on their own employees. Until now, department regulations barred licensees from contacting the FBI's National Instant Criminal Background Check System (NICS) for any reason other than a proposed firearm transfer.
The rule creates a check called the Firearm Handler Background Check. It covers firearm handlers and employees of licensed manufacturers who have access to unfinished firearm components or manufacturing tools. It also covers independent contractors or agents whose duties give them access to firearms, ammunition or manufacturing components. Responsible persons are left out because the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) already checks them.
Participation is optional for licensees and needs the employee's written consent. A licensee can generally run one check per eligible employee every 12 months. The exception is when the licensee has reasonable cause to believe a prohibiting event has occurred. The FBI will not charge a fee.
NICS searches its own indices, the FBI's National Crime Information Center and the Interstate Identification Index. The licensee gets a transaction number and one of three results: "Pass," "Pending" or "Did Not Pass." The licensee does not see the underlying record. A "Did Not Pass" result does not bar employment in roles that have no access to firearms or ammunition.
An employee who receives "Did Not Pass" can ask for the reason and appeal. The process is the same one available to a person denied a firearm transfer.
The rule implements a provision of the Bipartisan Safer Communities Act. It responds to public comments on a December 2024 proposed rule. It takes effect 30 days after it is published in the Federal Register, and ATF will issue separate guidance on how licensees should document the checks.
Attorney General Todd Blanche said the change gives dealers "quick and clear background checks." FBI Director Kash Patel said it expedites and clarifies the process for dealers.
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