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NOTE:

VA Fast Letter 00-44.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

June 2, 2000

Director (00/21)

All VBA Regional Offices and Centers

In Reply Refer To: 212

Fast Letter 00-44

SUBJ: National Instant Criminal Background Check System (NICS) Process

Background:

The Brady Handgun Violence Protection Act (Brady Act) of 1993 established the National Instant Criminal Background Check System (NICS). When drafting the regulations for NICS, the Bureau of Alcohol, Tobacco, and Firearms (ATF) defined the seven categories of individuals prohibited from purchasing or redeeming firearms.

ATF incorporated the VA definition of incompetent "because of injury or disease lack the mental capacity to contract or manage their own affairs" into the category of those adjudicated as a mental defective.

The Veterans Benefits Administration (VBA), through a Memorandum of Understanding with the Federal Bureau of Investigation (FBI), is providing the FBI with information on veterans rated as incompetent, incompetent surviving spouses, adult helpless children and dependent parents.

Licensed gun dealers are required to check the NICS system to see if an individual is in a prohibited category before transferring a firearm to that individual.

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