Bipartisan Safer Communities Act of 2022-Criteria for National Instant Criminal Background Check System (“NICS”) Background Checks of Firearm Handlers

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The United States Department of Justice ("Department") proposes several amendments to regulations pertaining to the National Instant Criminal Background Check System ("NICS" or "system") of the Federal Bureau of Investigation ("FBI"). The proposed amendments implement parts of the Bipartisan Safer Communities Act ("BSCA"), which, in relevant part, require the Attorney General to promulgate regulations authorizing certain Federal Firearm Licensees ("FFLs" or "licensees") to use NICS for purposes of voluntarily conducting employment background checks relating to certain current or prospective employees. As this Notice of Proposed Rulemaking ("NPRM") describes in more detail, the Department proposes allowing FFLs to use NICS for employment background checks of their "firearm handlers" and other "eligible employees."