NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS)

NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS)

The information provided on this page does not constitute legal advice - all items on this site are for informational purposes only.

The FBI’s National Instant Criminal Background Check System (NICS) was established as a result of the Brady Handgun Violence Prevention Act of 1993 (Brady Act) requirements. The Brady Act required a national name check system for federal firearms licensees (FFL) to determine whether a person can legally purchase or possess a firearm. Criminal justice agencies issuing firearm-related permits also have access to the NICS for this purpose.

Nebraska is a partial point-of-contact (POC) state, meaning FFLs contact the FBI for long gun background checks, while a state-issued handgun permit is used for handgun background checks. Nebraska has two Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) qualified permits that can be used to purchase a handgun:

  • Handgun purchase certificate issued by the chief of police or sheriff of the applicant’s place of residence; and
  • Concealed handgun permit issued by the Nebraska State Patrol.

Nebraska Revised Statute §69-2402 and §69-2431 require a criminal history record check for handgun-related permit purposes, which includes a check of the NICS.

The Gun Control Act, codified at 18 U.S.C. § 922, makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition. Nebraska Revised Statute §69-2404 and §69-2433 prevent the issuance of a handgun-related permit to anyone prohibited from purchasing or possessing a handgun per 18 U.S.C. § 922.

Furthermore, Title 272, Nebraska Administrative Code, Chapter 21 and Title 272, Nebraska Administrative Code, Chapter 22 prevent the issuance of a handgun-related permit to anyone prohibited by state law. Nebraska Revised Statute §28-1206 outlines the possession of a deadly weapon by a prohibited person and §28-1204.05 outlines the unlawful possession of a firearm by a prohibited juvenile offender.

Nebraska Revised Statute §69-2409.01 requires the Department of Health and Human Services and the Nebraska State Patrol to report mental health committment activities of the state to the Legislature. The most recent report can be located here. 

As of September 2, 2023, Nebraska Revised Statute §69-2426 requires any firearm dealer licensed pursuant to 18 U.S.C. 923 to distribute information on suicide prevention to all firearm purchasers. Resources may include:

988 Suicide & Crisis Lifeline Wallet Cards can be ordered via the Nebraska Department of Health and Human Services or the Substance Abuse and Mental Health Services Administration (SAMHSA).