Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms
Washington, DC 20226
November 10, 1998
Open Letter to All New Jersey Federal Firearms Licensees
Permanent Provisions of the Brady Law
The purpose of this letter is to advise you of your responsibilities under the permanent provisions of the Brady law. On November 30, 1998, the interim provisions of the Brady law will cease to apply, and the permanent provisions of the Brady law will take effect.
The permanent provisions of the Brady law provide for the establishment of a national instant criminal background check system (NICS) that licensees must contact before transferring any firearm to unlicensed individuals. While the interim provisions apply only to handguns, the permanent provisions of Brady will apply to all firearms. In addition, under permanent Brady there is no longer an exemption for the redemption of a firearm from pawn.
Notification from the Attorney General
On October 30, 1998, the Department of Justice published a final rule in the Federal Register, announcing the establishment of the NICS as of October 31, 1998. Accordingly, licensees will be required to comply with permanent Brady as of November 30, 1998. Copies of the Justice Department’s final rule are available on DOJ’s Home Page on the Internet at http://www.fbi.gov/programs/nics/index.htm, and DOJ is mailing copies of the final rule to licensees.
Initiation of NICS Checks
The State of New Jersey will act as the point of contact for NICS checks for all firearms transactions. To request a NICS check for any firearms transaction you must contact the New Jersey State Police by dialing 900-555-NICS (900-555-6427).
Transfers Subject to NICS Check Requirement
As of November 30, 1998, you will be required to initiate a NICS check prior to transferring a firearm to anyone who is not a licensee. The following steps must be followed prior to transferring a firearm:
- Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
- Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
- Contact NICS through either the FBI or the New Jersey State Police. You will get a response from the system advising you whether to proceed with the sale or to delay or deny the transaction. If you get a “delayed” response and there is no additional response from the system, you may transfer the firearm after three business days have elapsed. Of course, you must still comply with any waiting periods under State law.
- If you have initiated a NICS check for a proposed firearms transaction, but the transfer of the firearm is not completed, you must retain the Form 4473 in your records for a period of not less than 5 years. If the transfer is completed, the Form 4473 must be retained for at least 20 years.
Alternatives to a NICS Check
The Brady law provides that certain permits may qualify as alternatives to a NICS check. However, there are no permits in your State that qualify as an alternative to a NICS check.
Final Regulations and Forms 4473
On October 29, 1998, ATF published final regulations implementing the permanent provisions of the Brady law. ATF has also modified ATF Form 4473, Firearms Transaction Record, to reflect the changes in the background check system. A copy of the final regulations and a small supply of Forms 4473 will be mailed to each licensee under separate cover before November 30, 1998.
If you have any questions, please contact your local ATF office or the New Jersey State Police.
Firearms, Explosives and Arson