U.S. FEDRegulation
United States: DOJ final rule authorizes voluntary NICS firearm handler background checks under 28 CFR Part 25
The Department of Justice published a final rule on October 27, 2026 amending 28 CFR Part 25 to implement the Bipartisan Safer Communities Act of 2022. The rule authorizes federal firearms licensees to voluntarily use the National Instant Criminal Background Check System for employment background checks of eligible employees who handle firearms, with the employee's written consent. It takes effect November 27, 2026.
Key points
- A licensee may run a firearm handler background check only after the eligible employee provides informed, written consent.Federal Register
- NICS responds to a handler check with Pass, Did Not Pass, or Pending, rather than the Proceed, Delayed, or Denied transfer responses.Federal Register
- A Did Not Pass response is appealable and does not itself bar the person from all employment with the licensee.Federal Register
- Eligible employees include firearm handlers, manufacturing staff with access to components or tools, and contractors capable of accessing firearms or ammunition.Federal Register
- State points of contact process handler checks only if they volunteer to; the rule imposes no duty on state, local or tribal entities to respond.Federal Register
- The rule, FR Doc. 2026-21920 at 91 FR 67460, finalizes the December 12, 2024 proposed rule at 89 FR 100424 with limited changes.Federal Register
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RegulationU.S.DOJ NICS Firearm Handler Background Check Rule (28 CFR Part 25)CriminalEmploymentRegulatoryFor practitionersFor governance