FBI Background Checks Could Soon Vet the People Handling Guns
Published Date: 10/27/2026
Rule
Summary
Starting November 27, 2026, licensed gun sellers (FFLs) can voluntarily use the FBI’s background check system (NICS) to screen current or future employees who handle firearms. This new rule helps stop illegal gun sales and keeps communities safer without adding costs. It’s a smart step to make sure people working with guns are checked properly before they get the job.
Analyzed Economic Effects
8 provisions identified: 6 benefits, 2 costs, 0 mixed.
FHC Results and Appeal Timelines
When an FHC is run, the FBI will return one of three responses: "Pass," "Pending," or "Did Not Pass." If you receive a "Did Not Pass" result, you may appeal and request a reason under the same procedures used for a denied firearm transfer: Requests for the reason must be answered within 5 business days and formal Challenges must be answered within 60 days.
FFLs May Voluntarily Run Employee NICS Checks
If you are a Federal Firearms Licensee (FFL), starting November 27, 2026 you may voluntarily use the FBI's NICS to run employment background checks called Firearm Handler Checks (FHCs) on current or prospective employees who are "eligible employees." FFLs are not required to use these checks—participation is optional and requires the employee's consent.
Employee Written Consent Required
If you are an eligible employee or job applicant, an FFL cannot submit an FHC unless you first provide informed, written consent. The rule makes written consent a required precondition before any FHC is submitted to NICS.
No FBI Fee for FHCs; POCs May Charge
The FBI (the Department) will not charge FFLs a fee to submit FHCs (statutory mandate). However, a State or local Point of Contact (POC) that elects to process FHCs may charge a fee at its discretion.
Generally One FHC Per Employee Every 12 Months
FFLs are generally limited to submitting one FHC per eligible employee every 12 months, although the rule allows some circumstances where additional queries are permitted. This timing is intended to separate routine rechecks from other allowed follow-ups.
Employers Won't Get Underlying Records
When an FHC is processed, FFLs will receive only a transaction number (NTN) and a response of "Pass," "Pending," or "Did Not Pass." FFLs will not be given the underlying records or the record sources that NICS reviewed.
POC Participation and FBI Processing Option
Some State or local Points of Contact (POCs) may choose to accept and process FHCs; where a POC does not participate, the FBI's NICS Section will process those FHCs. Large chain FFLs may centralize submission through headquarters and send FHCs to the FBI or to the relevant participating POC depending on the store location.
Sanctions Possible for NICS Misuse
The Department retained authority to impose monetary or access sanctions (or both) for misuse of NICS during FHCs under revisions to 28 CFR 25.11. Misuse of the system when submitting FHCs could therefore lead to penalties or loss of access.
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Key Dates
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