Revised ATF Policies on NICS Monitoring: An Overview

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has recently revised its approach to overseeing the Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS). This modification comes in response to concerns surrounding the potential misuse of the system for non-criminal monitoring.

Background of NICS Monitoring

Initially reported by AmmoLand News in 2021, the ATF employed a system to track American gun buyers through NICS, which is intended for real-time background checks. While the standard protocol dictates that data collected by NICS is to be deleted within 24 hours, the ATF sought to retain this data for extended periods—30, 60, 90, or even 180 days. The information was being used to keep tabs on individuals deemed at risk of committing future crimes, leading to accusations of a “pre-crime” policing initiative.

Response from the Gun Community

This monitoring caused significant backlash within the firearms community, prompting organizations like Gun Owners of America (GOA) to file Freedom of Information Act (FOIA) requests. Findings confirmed that the monitoring was widespread and extended to individuals potentially violating state laws, such as those concerning the purchase of long guns in California.

New Policy Measures

In an effort to curb the inappropriate use of NICS, the ATF has introduced a new policy requiring that:

• Monitoring must receive explicit approval from Special Agents in Charge (SACs) and Deputy Assistant Directors (DADs).
• Usage of NICS alerts is restricted to suspected violations of federal firearm statutes only, prohibiting oversight of state law issues.

The memo states: “Effective immediately, Special Agents in Charge (SACs) approval and Deputy Assistant Director (DAD) concurrence is now mandatory for all NICS alerts.” This specific wording underscores the need for heightened accountability in the usage of the monitoring system.

Monitoring and Expiration Procedures

The new regulations also introduce rigorous tracking of alert expiration dates. The Field Management Staff (FMS) will oversee notifications related to the upcoming expirations of NICS alerts:

The memo outlines: “FMS will monitor all NICS flags and notify the SAC and requestor of upcoming expirations.” This system aims to rectify previous instances where alerts remained active beyond their intended duration.

Furthermore, renewal of any alert can occur only after six months, necessitating further approval from the ATF Deputy Director and Chief Legal Counsel, with the intention of strengthening defenses against system abuse.

Conclusion

The amendments in ATF policy represent a notable shift towards more regulated and accountable practices within NICS monitoring. These changes seek to ensure the responsible use of background checks while addressing valid concerns from the public and advocacy groups.

About the Author

John Crump, an NRA instructor and constitutional activist, focuses on topics relating to firearms and the Constitution. He lives in Northern Virginia with his family. Follow him on X at @crumpyss.