(a) The FBI will be responsible for maintaining data integrity during all NICS operations that are managed and carried out by the FBI. This responsibility includes:
(1) Ensuring the accurate adding, canceling, or modifying of NICS Index records supplied by Federal agencies;
(2) Automatically rejecting any attempted entry of records into the NICS Index that contain detectable invalid data elements;
(3) Automatic purging of records in the NICS Index after they are on file for a prescribed period of time; and
(4) Quality control checks in the form of periodic internal audits by FBI personnel to verify that the information provided to the NICS Index remains valid and correct.
(b) Each data source will be responsible for ensuring the accuracy and validity of the data it provides to the NICS Index and will immediately correct any record determined to be invalid or incorrect.
Notes of Decisions
Felicia Sanders v. United States, 937 F.3d 316 (4th Cir. 2019).
· cites it 4× “” 28 C.F.R. § 25.5 (a). This responsibility generally entails maintaining the accuracy, quality, and validity of records in the NICS Index.”
Ross v. Fed. Bureau of Alcohol, Tobacco, & Firearms, 807 F. Supp. 2d 362 (D. Maryland 2011).
“What Ross presumably has in mind is to allege a violation of 18 U.S.C. § 925A, the provision of the GCA that establishes a private right of action for “[a]ny person denied a firearm” under the GCA’s background check provision (Section 922(t)).”
Alexander v. Fed. Bureau of Investigation (E.D. Mo. 2020).
“28 C.F.R. §§ 25.5 -.6. Nowhere in the authorizing legislation or regulatory statutes pertaining to the NICS is ATF vested with responsibility for reviewing or determining a prospective buyer’s eligibility.”
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