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Justice Department finalizes firearm employee background checks

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The Justice Department finalized a rule on October 27 allowing Federal Firearm Licensees to voluntarily use NICS for employment background checks of certain employees.

The final rule implements a requirement from the Bipartisan Safer Communities Act of 2022 for the Attorney General to promulgate regulations authorizing licensees to voluntarily use the National Instant Criminal Background Check System.

Federal Firearm Licensees will be able to conduct firearm handler background checks of eligible employees.

The rule is effective November 27, 2026.

The rule will impose little to no costs upon Federal Firearm Licensees, eligible employees, or State, local, or Tribal governmental entities.

To submit a firearm handler background check, the eligible employee must have provided informed, written consent.

The rule will benefit Federal Firearm Licensees that choose to submit firearm handler background checks by letting them know whether information available to NICS indicates the eligible employee is, or may be, prohibited from receiving or possessing firearms or ammunition.

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