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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.