The purpose of this subpart is to establish policies and procedures implementing the Brady Handgun Violence Prevention Act (Brady Act), Public Law 103-159, 107 Stat. 1536. The Brady Act requires the Attorney General to establish a National Instant Criminal Background Check System (NICS) to be contacted by any licensed importer, licensed manufacturer, or licensed dealer of firearms for information as to whether the transfer of a firearm to any person who is not licensed under 18 U.S.C. 923 would be in violation of Federal or state law. The regulations in this subpart are issued pursuant to section 103(h) of the Brady Act, 107 Stat. 1542 (18 U.S.C. 922 note), and include requirements to ensure the privacy and security of the NICS and appeals procedures for persons who have been denied the right to obtain a firearm as a result of a NICS background check performed by the Federal Bureau of Investigation (FBI) or a state or local law enforcement agency.
Notes of Decisions
Cited in
19
cases (
10 in the last 5 years), 2005–2026 · leading case:
Gazzola v. Hochul
Gazzola v. Hochul (2023)
ca2
“§ 922 (t)(1)(A)-(B); see also 28 C.F.R. § 25.1 , et seq. While the FBI ordinarily conducts that check, see 28 C.”
Turaani v. Sessions (2018)
mied
“Using that information, a search is run in certain databases, including the National Crime Identification Center ("NCIC").”
Commonwealth v. Baxter (2008)
pasuperct
“” 28 C.F.R. § 25.1 (1998). The Brady Act further mandates that a licensed firearms seller must have a purchaser complete the federal form in order for the seller to determine if it may lawfully sell or deliver the firearm.”
Mance v. Holder (2015)
txnd
“See 28 C.F.R. §§ 25.1 -.2, 25.6(d). In other words, to complete a background check, the FFL contacts either (1) the state POC, if there is one; or (2) NICS, if the state has not designated a POC.”
Summers v. Cabela's Wholesale, Inc. (2019)
delsuperct · cites it 2×
“”23 They argue that Cabela’s thus violated 28 C.F.R. § 25.1 1(b)(l) by knowingly providing this incorrect information to the NICS system about the actual purchaser when it provided Hardwick’s name, despite the “red flags” that she was a straw purchaser.”
Erwin Lejon-Twin El v. Joe Marino (2018)
ca3
“7 is one of a series of regulations implementing the National Instant Criminal Background Check System under the Brady Handgun Violence Prevention Act, see 28 C.F.R. § 25.1 . The Patient Protection and Affordable Care Act includes a provision that prohibits retaliation against…”
Bowen v. United States (2021)
gasd
“§ 922 (t)(1); 28 C.F.R. § 25.1 ; but see 18 U.S.C. § 922 (t)(3) (identifying exempt transfers).”
Cioffi v. Ingram (2021)
nced
“The United States Department of Justice has promulgated implementing regulations, at 28 C.F.R. §§ 25.1 - 25.11, which “spell out the procedures the FBI follows in performing background checks” in the NCIS.”
Steven William Eng v. State of Alaska, Department of Public Safety (2024)
alaska
“for information, to be supplied immediately, on whether receipt of a firearm by a prospective [buyer] would violate section 922 of Title 18 or state law”); 28 C.F.R. §§ 25.1 , 25.3, 25.4 (“establish[ing] a National Instant Criminal Background Check System (NICS)” to “implement[]…”
Snyder v. United States of America (2019)
wawd
“The Brady Act empowered the Attorney General to create NICS regulations; 17 those regulations are set forth in 28 C.F.R. §§25.1 to 25.11. 18 B. UNDISPUTED FACTS FOR PURPOSES OF THESE MOTIONS 19 While the record in this case is rather scant, the following facts are undisputed for…”
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