Clarifying Exceptions to the Brady Act Background Check Requirement

The National Rifle Association of America supports the proposed rule to clarify exceptions to the Brady Act background check requirement. They argue that the rule provides necessary clarity for state-issued firearm permits, protects state sovereignty, and prevents the ATF from revoking permit status based on isolated administrative errors.

The commenter, a CEO of a firearms business (FFL and SOT), supports the proposed rule's effort to align regulatory text with the statute regarding state permit exceptions to the Brady Act. However, they request that the ATF clarify that the rule does not automatically change the status of permits on the Brady Permit Chart and establish a formal notice-and-response process for any future permit removals.

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.

The commenter opposes the proposed rule because it would broaden the recognition of state permits as exemptions from NICS background checks. They argue that the proposal would allow prohibited persons to bypass background checks by using permits from states that do not adequately verify eligibility.

Giffords opposes the proposed rule, arguing that it would broaden the recognition of state permits and allow prohibited individuals to bypass NICS background checks. They contend that the proposal creates loopholes by allowing permits to be issued based on "readily accessible" information without sufficient verification.

The commenter supports the proposed rule because it aligns regulatory language with congressional intent and provides greater certainty for Federal Firearms Licensees. They argue that clarifying the criteria for state-issued permits as NICS alternatives reduces administrative burden, promotes consistency, and respects federalism.

The commenter supports the Bureau's proposal to clarify regulatory standards for state-issued firearms permits as alternatives to NICS checks, noting it improves consistency and reduces ambiguity for licensees. They suggest the Bureau also provide state-specific examples and a periodic reference list to further assist with compliance.