Posted: 11/29/2007 7:04:25 AM EDT
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Is it a crime or improper to misuse the NICS system for purposes other than verifying that a person is legal to own firearms? That is, what if an employer who was also a closet FFL used NICS to do background checks on his potential hires. Is this a crime?? |
Huh? I didn't know they charged for that.... -K |
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Yes, that is a blatant misuse of NICS. 28 CFR Part 25.6 FFLs may intiate a NICS background check only in connection with a proposed firearm transfer as required by the Brady Act. FFLs are strictly prohibited from intiating a NICs background check for any other purpose. 28 CFR Part 25.11 (a) State or local agencies, FFLs, or invididuals violating this subpart A shall be subject to a fine not to exceed $10,000 and subject to cancellation of NICS inquiry previleges. -(b) Misuse or unauthorized access includes, but is not limited to, the following: -(2) state or locacal agencies, FFLs, or individuals purposefully using the system to perform a check for unauthorized purposed... |
NICS is free. |
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IMO an employer who needs to do background checks on potential hires really needs more info than NICS has available. In a retail establishment that handles a lot of cash I'd be concerned not just with a criminal record, but also credit history. A recent BK would be a disqualifier, and that info isn't in NICS. |
And there's your definitive answer. If he wants to do that, he needs to sell them a gun first. 
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Each transaction is assigned a number. An FFL is required to keep all 4473's. During an audit, a bunch of forms without ...
...would definitely raise some questions. Or, a bunch of "missing" 4473's would cause trouble, too. I don't know if they would be prosecuted, but I would be willing to bet they will lose their FFL. |
Heh, you dont live in UT then.
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| It probably could be charged as an identity theft crime, since the person's SS#, address and other information are being used without permission. Plus, it would be fraud, since when you call in a NICS check, you're asked what kind of firearm the person is buying. You'd be lying to the person performing the check. |
I have no access to the system. We were dealing with someone who claimed to have access to a system similar to this. Our firm does pre employment background checking and something sounded fishy. |
You do have a valid reason to be concern, much like the misuse of social security numbers. There are systems in place to record the access to them, everyone regardless of the level of access is recorded in a log. The only one with unfettered access would be the guy who made the program. Have a good day. :} |
| Oh we are kidding ourselves. You dont think that Homeland security, the FBI, and NSA do not have instant access to NCIS? I am sure that every smoke pole that you have ever legally purchased is listed somewhere for easy access. Is it accurate and up to date? Well that is probably another story. Face reality. We live in a fish bowl. |