Va Fl 09-08

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NOTE:

VA Fast Letter 09-08.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

February 9, 2009

Director (00/21)

All VA Regional Offices and Centers

Fast Letter 09-08

Subject: National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007

This letter provides information and guidance concerning the new law governing the National Instant Criminal Background Check System (NICS), incompetency, and firearms.

Background

The Brady Handgun and Violence Prevention Act of 1993, Public Law 103-159 (The Brady Act), prohibits the sale of firearms to certain people. Section 922(g)(4) of title 18, United States Code, defines ineligible persons.

Pursuant to 18 U.S.C. § 922(g) (4) and section 103(e)(1) of the Brady Act, a person who is prohibited, based on a finding of incompetency, from possessing, shipping, transporting, or receiving firearms or ammunition must be reported to DoJ for inclusion in the National Instant Criminal Background Check System (NICS) database.

The Federal Bureau of Investigation (FBI) manages the NICS database for DoJ.

On January 8, 2008, the NICS Improvement Amendments Act of 2007, Public Law 110-180 (NIAA) was signed into law (codified at 18 U.S.C. § 922 note).

Prior to the NIAA, a finding of incompetence, even if subsequently revised, was a permanent ban to firearm ownership.

The NIAA removes firearms restrictions for persons no longer adjudicated as incompetent, and even allows relief from the restrictions for those who are presently adjudicated incompetent.