JUSTICE DEPARTMENT AUTHORIZES DEALERS TO USE NICS TO RUN EMPLOYEE BACKGROUND CHECKS

October 30, 2026 – Pursuant to a new final Rule issued by the U.S. Justice Department, federal firearms licensees (“FFLs”) will finally be permitted to conduct background checks on current and prospective employees using the National Instant Criminal Background Check System (“NICS”). The Rule takes effect on November 27, 2026.

The Rule applies only employees of FFLs; it cannot be used to conduct a background check on prospective customers before they complete a Form 4473 to see whether they would receive a proceed. It also does not apply to responsible persons because they are already subject to background checks in connection with the application and renewal of the FFL. Conducting firearm handler background checks on employees is voluntary, but written consent must be obtained from the employees prior to conducting a check. The results of the firearm handler background checks will be “pass,” “pending” or “did not pass.” The FFL is not informed of the reason for a “did not pass” result, but such would prevent the FFL from continuing to employ the person in a capacity in which they have access to firearms or ammunition.

Now that there is a simple method to conduct firearm handler background checks on employees who will have access to firearms, it is strongly recommended that FFLs conduct background checks on all prospective and current employees to ensure that they are not prohibited persons, as well as to conduct updated checks on a yearly basis. Not using this feature could result in an argument that an FFL was negligent in allowing a prohibited person to have access to firearms, even though the checks are not legally required.

The passage of this rule – supported by NSSF – is a victory for the firearms industry, helping to ensure FFLs have an easy option to ensure employees with access to firearms are legally allowed to possess them.

Renzulli Law Firm. LLP will continue to monitor new and developing firearm related laws around the country. If you have questions regarding firearms-related legislation or regulation, please contact Christopher Renzulli.