Comment on FR Doc # 2026-08918
Michael GarleyOpposeIndividual
Summary: An individual is opposing the proposed exceptions that would allow government officials to skip certain background checks if they are deemed to require "extraordinary effort, expense, or means." The commenter argues that firearm permit standards should remain high and consistent with other federal credentials, regardless of the infrastructure of the issuing state agency.
RE: RIN 1140-AA85 — Clarifying Exceptions to the Brady Act Background Check Requirement
I am submitting this comment to oppose the provision in proposed § 478.102(f)(2)(ii) that would exempt authorized government officials from checking "information available to such official" when that information "can be obtained only through extraordinary effort, expense, or means." I also oppose the related exception in § 478.102(f)(2)(i) allowing officials without NICS access to issue qualifying permits based only on whatever information happens to be readily on hand.
As a supporter of the Second Amendment, I don't see these two positions as in conflict. A background check system only works if it's actually thorough. If a state chooses to route firearm permit issuance through an agency that lacks direct NICS access, that is a problem for the state to solve — by routing the process through a criminal justice agency, contracting with one that has access, or otherwise building the infrastructure to do the job right — not a reason to lower the verification standard for everyone who relies on that permit as a Brady Act alternative.
This is a solvable infrastructure problem, not an acceptable permanent shortcut. Other federal background-check-based credentials, including TWIC cards and TSA PreCheck, require full fingerprint-based FBI background checks regardless of which agency processes the application. Firearm permits, which serve the same gatekeeping function under federal law, should not be held to a lower standard simply because a state picked an issuing agency that wasn't built for the job.
I urge ATF to remove the "extraordinary effort, expense, or means" carve-out and instead require that any agency issuing a NICS-alternative permit either obtain direct NICS access or route the check through an agency that has it. If a permit-issuing agency cannot verify an applicant is not a prohibited person, the permit should not qualify as a Brady Act alternative until it can.
Thank you for the opportunity to comment.