Rule2024-14253
Bipartisan Safer Communities Act-Access to Records of Stolen Firearms in the National Crime Information Center
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2024
Effective
July 1, 2024
Issuing agencies
Justice Department
Abstract
The United States Department of Justice ("Department") is publishing an interim final rule that amends the regulations pertaining to criminal justice information systems of the Federal Bureau of Investigation ("FBI"), specifically the National Crime Information Center ("NCIC"). This rule implements parts of the Bipartisan Safer Communities Act ("BSCA" or "Act") and will allow a person who is licensed as an importer, manufacturer, or dealer of firearms ("licensee") to access records of stolen firearms in the NCIC, subject to appropriate controls, for the purpose of voluntarily verifying whether firearms offered for sale to such a licensee have been reported as stolen.
Full Text
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<title>Federal Register, Volume 89 Issue 126 (Monday, July 1, 2024)</title>
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[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Rules and Regulations]
[Pages 54344-54346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14253]
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DEPARTMENT OF JUSTICE
28 CFR Part 20
[Docket No. FBI-157; AG Order No. 5949-2024]
RIN 1110-AA34
Bipartisan Safer Communities Act--Access to Records of Stolen
Firearms in the National Crime Information Center
AGENCY: Federal Bureau of Investigation, Department of Justice.
ACTION: Interim final rule with request for comments.
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SUMMARY: The United States Department of Justice (``Department'') is
publishing an interim final rule that amends the regulations pertaining
to criminal justice information systems of the Federal Bureau of
Investigation (``FBI''), specifically the National Crime Information
Center (``NCIC''). This rule implements parts of the Bipartisan Safer
Communities Act (``BSCA'' or ``Act'') and will allow a person who is
licensed as an importer, manufacturer, or dealer of firearms
(``licensee'') to access records of stolen firearms in the NCIC,
subject to appropriate controls, for the purpose of voluntarily
verifying whether firearms offered for sale to such a licensee have
been reported as stolen.
DATES:
Effective Date: This rule is effective on July 1, 2024.
Comment Date: Electronic comments must be submitted and written
comments must be postmarked or otherwise indicate a shipping date on or
before July 31, 2024. Written comments postmarked on or before that
date will be considered timely. The Federal eRulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> will accept electronic comments until 11:59
p.m. Eastern Time on that date.
ADDRESSES: You may submit written comments, identified by RIN 1110-AA34
or Docket No. FBI-157, by one of the following methods:
(1) Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(recommended). Follow the instructions for submitting comments; or
(2) Mail: Theodore K. Yoneda, Attorney-Advisor, Federal Bureau of
Investigation, Office of the General Counsel, Module C-3, 1000 Custer
Hollow Road, Clarksburg, West Virginia 26306-0110.
FOR FURTHER INFORMATION CONTACT: Scott E. Schubert, Chief, Federal
Bureau of Investigation, Law Enforcement Engagement and Data Sharing
Section. Telephone: (304) 625-2000 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Posting of Public Comments
The Department welcomes public comments from any interested person
on any aspect of the changes made by this interim final rule. Please
refer to the ADDRESSES section above. The Department will consider all
public comments in the drafting of the final rule.
Please note that all comments received are considered part of the
public record and made available for public inspection online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Information made available for public
inspection includes personal identifying information (such as your
name, address, etc.) that you voluntarily submit as part of your
comment.
If you wish to submit personal identifying information (such as
your name, address, etc.) as part of your comment, but do not wish it
to be posted online, you must include the phrase ``PERSONAL IDENTIFYING
INFORMATION'' in the first paragraph of your comment. You must also
locate all the personal identifying information that you do not want
posted online in the first paragraph of your comment and identify what
information you want the agency to redact. Personal identifying
information identified and located as set forth above will be placed in
the agency's public docket file but not posted online.
If you wish to submit confidential business information as part of
your comment but do not wish it to be posted online, you must include
the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the first paragraph
of your comment. You must also prominently identify confidential
business information to be redacted within the comment. If a comment
has so much confidential business information that it cannot be
effectively redacted, the agency may choose not to post that comment
(or to post that comment only partially) on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Confidential business information identified and
located as set forth above will not be placed in the public docket
file, nor will it be posted online.
II. Background
Stolen firearms create risks to public safety. These weapons are
often placed into illegal markets, where they can be purchased, sold,
and traded without any restrictions. As a result, individuals who are
legally prohibited from possessing firearms can obtain and use these
weapons to commit violent crimes. Stolen firearms may also be offered
for sale or pawn to a licensee. A licensee could then unknowingly
promote illicit weapons trafficking by accepting a stolen firearm into
their inventory and selling it to a purchaser.
The FBI manages many systems for the exchange of criminal justice
information. This interim final rule implements changes to the
regulations related to records maintained in the NCIC Gun File, which
is one of 22 files in the NCIC. Seven of these files (including the Gun
File) contain information related to property, and the remaining 15
files (including the Wanted Persons File) contain information related
to persons. Pursuant to 28 U.S.C. 534, the Attorney General shall
exchange identification, criminal identification, crime, and other
records for the official use of ``authorized officials of the Federal
Government, . . . the States, . . . Indian tribes, cities, and penal
and other institutions.'' This statute also provides that such
exchanges are subject to cancellation if dissemination is made outside
the receiving departments or related agencies, except for dissemination
authorized under 28 U.S.C. 534(a)(5). See 28 U.S.C. 534(b).
The BSCA, Public Law 117-159, 136 Stat. 1313, 1331 (2022), requires
the Attorney General to provide licensees with information necessary to
verify whether firearms offered for sale to such licensees have been
stolen. Public Law 117-159, sec. 12004(h)(2) (codified at 28 U.S.C.
534(a)(5)). The Act further requires that the Attorney General
``promulgate regulations allowing a person licensed as an importer,
manufacturer, or dealer of firearms under chapter 44 of title 18,
United States Code, to receive access to records of stolen firearms
maintained by the [NCIC] operated by the [FBI], solely for the purpose
of voluntarily verifying whether firearms offered for sale to such
licensees have been stolen.'' Public Law 117-159, sec. 12004(h)(3). The
law provides that such regulations shall be promulgated ``without
regard to chapter 5 of title 5, United States Code.'' Id.
Accordingly, the FBI is amending title 28 of the Code of Federal
Regulations to authorize access to FBI-maintained criminal justice
information systems to implement parts of the BSCA related to stolen
firearms. This interim final rule will help reduce the number of stolen
firearms that licensees inadvertently place into their inventories by
allowing licensees to obtain information from the NCIC Gun File to
determine if a firearm offered for sale to the licensee has been
reported as stolen. In addition, when a
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licensee learns from the NCIC Gun File information indicating a weapon
has been stolen, the licensee might report that information to a
criminal justice agency. For these reasons, this interim final rule
will assist criminal justice agencies in investigating reports of
stolen firearms by providing potential investigative leads and will
help to deter or halt the sale of stolen firearms through seemingly
legitimate business transactions.
To help advance the purpose of section 12004(h) of the BSCA, the
FBI is establishing three methods for licensees to access NCIC Gun File
information. The first method involves partnering with a criminal
justice agency. Among other things, NCIC policy authorizes criminal
justice agencies to query the NCIC Gun File and provide a determination
to the licensee regarding a firearm's status (e.g., reported stolen).
Prior to the BSCA's enactment in June 2022, dissemination of actual
NCIC information was not authorized; an inquiring licensee could
receive information that confirmed only the existence of an NCIC Gun
File record (a ``hit'' or ``no hit''). This ``hit'' or ``no hit''
information did not definitively indicate whether a gun was stolen.
Under the Act and this rule, criminal justice agencies may now provide
more information from the NCIC Gun File directly to licensees. In
particular, they may provide the information that is ``necessary to
verify whether firearms offered for sale to such licensees have been
stolen.'' Public Law 117-159, sec. 12004(h)(2); 28 U.S.C. 534(a)(5).
Such information may include, among other information, the type and
numeric identifiers of the firearm offered for sale. This partnering
between the licensee and the criminal justice agency will allow the
licensee to obtain the information needed to determine whether a
firearm has been stolen.
Next, in connection with this rulemaking, the FBI is establishing a
second method for accessing Gun File information. Specifically, the FBI
is creating an extract of the NCIC Gun File and will make this data
available to Criminal Justice Information Services (``CJIS'') Systems
Agencies for download into State systems that licensees can access. To
ensure licensees receive only the information necessary to implement 28
U.S.C. 534(a), the extract's contents will be limited to NCIC Gun File
information that, as previously indicated, relates only to whether the
firearm may have been stolen. However, the specific method that a
licensee uses to access the extract will depend upon the manner in
which the State provides the information. When this rule becomes
effective, the FBI will furnish a notice to all CJIS Systems Officers
to ensure licensees are notified of the new information that is
available.
In developing this rule, the FBI sought advice and endorsement from
its CJIS Advisory Policy Board (``APB''), which operates under the
Federal Advisory Committee Act; doing so led to the identification of a
third method for disseminating information from the NCIC Gun File
concerning stolen gun records to licensees. In particular, in March
2023, the FBI submitted to the CJIS Working Groups,\1\ which provide
proposals to the CJIS APB and its Subcommittees, a proposal to
authorize licensees to use the E-Check Portal of the National Instant
Criminal Background Check System (``NICS'') to access the NCIC Gun
File.
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\1\ There are four Regional Working Groups, each of which
includes State, Tribal, and local law enforcement representatives
who review operational, policy, and technical issues related to CJIS
programs and policies. See FBI, The CJIS Advisory Process, <a href="https://le.fbi.gov/cjis-division/the-cjis-advisory-process">https://le.fbi.gov/cjis-division/the-cjis-advisory-process</a> (last visited May
29, 2024). A Federal Working Group composed of representatives of
Federal agencies and one Tribal representative chosen by the
Department of the Interior also provides advice on CJIS programs and
policies. Id.
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All five Working Groups recommended pursuing all three methods
described above: partnering with a criminal justice agency, the
creation of the NCIC Gun File extract, and the NICS E-Check Portal
method. In April 2023, the FBI submitted this same proposal to the
NICS, Security and Access, and NCIC Subcommittees.\2\ All three
Subcommittees similarly recommended pursuing all three methods. In June
2023, this proposal was presented to the CJIS APB, which recommended to
the FBI Director that all three methods be pursued. On December 5,
2023, the FBI Director approved the APB recommendations. FBI Director
approval authorizes the FBI CJIS Division to create the necessary
policies for implementing the APB recommendations.
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\2\ Subcommittees review proposed policy changes that may
require specialized review or for some reason be controversial and
consider possible alternatives to those policy changes. See FBI, The
Advisory Process, <a href="https://le.fbi.gov/cjis-division/the-cjis-advisory-process">https://le.fbi.gov/cjis-division/the-cjis-advisory-process</a> (last visited May 29, 2024).
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In addition to information specific to a stolen firearm itself
(such as type and numeric identifiers), licensees using any of the
three methods will be provided information relating to the criminal
justice agency that entered the record into the NCIC for purposes of
law enforcement follow-up. Provision of this information is intended to
ensure that all licensees can perform a direct search of stolen gun
information using technologies existing between the NICS and NCIC.
Doing so will enable a licensee, for example, to ensure the gun offered
for sale to the licensee is the exact same gun for which information
exists in the Gun File and to confirm with the relevant criminal
justice agency that the Gun File information is still accurate. Through
these methods, licensees will be able to receive a previously
unavailable subset of NCIC Gun File information to ascertain the
firearm's status while ensuring the appropriate privacy and information
dissemination restrictions are observed.
III. Regulatory Certifications
A. Administrative Procedure Act
Pursuant to section 12004(h)(3) of the BSCA, the Department is not
required to comply with chapter 5 of title 5 of the United States Code.
However, the Department is, in its discretion, seeking post-
promulgation public comment on this rulemaking.
B. Regulatory Flexibility Act
This interim final rule amends the Department's regulations, under
28 U.S.C. 534, to incorporate certain changes made by the BSCA. The FBI
will be developing electronic solutions to disseminate NCIC records to
the licensees. The FBI will provide these solutions to licensees at no
cost, and the FBI will not charge a fee for this service. Because the
Department is not required to publish a notice of proposed rulemaking
for this interim final rule, a Regulatory Flexibility Analysis is not
required. See 5 U.S.C. 603(a).
C. Executive Orders 12866, 13563, and 14094--Regulatory Review
This interim final rule has been drafted and reviewed in accordance
with Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' section 1(b), and Executive Order 14094, ``Modernizing
Regulatory Review,'' section 2(a).
The Office of Management and Budget (``OMB'') has determined that
this interim final rule is a ``significant regulatory action'' under
Executive Order 12866, section 3(f), as amended by Executive Order
14094. Accordingly, this interim final rule has been reviewed by OMB.
Both Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic,
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environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
As explained above, the five Working Groups, as well as the NICS,
Security and Access, and NCIC Subcommittees, considered these
regulations and the manner in which they will be implemented and
concluded they represent an effective way for licensees to obtain the
information encompassed by 28 U.S.C. 534(a)(5). In addition, the
Department anticipates that providing this information will result in
safety benefits that cannot be quantified but that are nonetheless
significant. In light of these considerations, and after further
assessment of the costs and benefits of this regulation, the Department
believes that the regulatory approach it has selected maximizes net
benefits.
D. Executive Order 13132--Federalism
This interim final rule will not have a substantial, direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Therefore, in accordance with
Executive Order 13132, ``Federalism,'' the Department has determined
that this interim final rule does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
E. Executive Order 12988--Civil Justice Reform
This interim final rule meets the applicable standards set forth in
sections 3(a) and 3(b) (2) of Executive Order 12988, ``Civil Justice
Reform.''
F. Unfunded Mandates Reform Act of 1995
This interim final rule will not result in the expenditure by
State, local, and tribal governments in the aggregate, or by the
private sector, of $100 million or more (adjusted for inflation) in any
one year, and it will not significantly or uniquely affect small
governments. Therefore, no actions are necessary under the provisions
of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109
Stat. 48; see also 2 U.S.C. 1532(a), 1533.
G. Congressional Review Act
This interim final rule is not a major rule as defined by section
804 of the legislation commonly known as the Congressional Review Act,
Public Law 104-121, sec. 251, 110 Stat. 847, 868 (1996) (codified in
relevant part at 5 U.S.C. 804). This action pertains to agency
management or personnel, and agency organization, procedure, or
practice, in that it specifies the circumstances in which the
Department's own personnel, in managing the NCIC, will make available
certain information from the NCIC Gun File. Further, because licensees
have discretion to choose whether to request such information, this
rule does not substantially affect the rights or obligations of non-
agency parties. Accordingly, it is not a ``rule'' as that term is used
by the Congressional Review Act, see 5 U.S.C. 804(3)(B), (C), and the
reporting requirement of 5 U.S.C. 801 does not apply.
H. Paperwork Reduction Act
This interim final rule does not impose any new reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995,
Public Law 104-13, 109 Stat. 163, 44 U.S.C. chapter 35, and its
implementing regulations, 5 CFR part 1320.
List of Subjects in 28 CFR Part 20
Crime, Intergovernmental relations, Law enforcement, Privacy.
Accordingly, for the reasons set forth in the preamble, part 20 of
title 28 of the Code of Federal Regulations is amended as follows:
PART 20--CRIMINAL JUSTICE INFORMATION SYSTEMS
0
1. The authority citation for part 20 is revised to read as follows:
Authority: 28 U.S.C. 534; Pub. L. 92-544, 86 Stat. 1115; 42
U.S.C. 3711 et seq.; Pub. L. 99-169, 99 Stat. 1002, 1008-1011, as
amended by Pub. L. 99-569, 100 Stat. 3190, 3196; Pub. L. 101-515, as
amended by Pub. L. 104-99, set out in the notes to 28 U.S.C. 534.;
Pub. L. 117-159, 136 Stat. 1313, 1331.
0
2. Revise Sec. 20.2 to read as follows:
Sec. 20.2 Authority.
These regulations are issued pursuant to sections 501 and 524(b) of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended by
the Crime Control Act of 1973, Public Law 93-83, 87 Stat. 197, 42
U.S.C. 3701, et seq. (Act), 28 U.S.C. 534, Public Law 92-544, 86 Stat.
1115, and Public Law 117-159, 136 Stat. 1331
0
3. In Sec. 20.3:
a. Redesignate paragraphs (h), (i), (j), (k), (l), (m), (n), (o),
(p), (q), (r), and (s), respectively, as paragraphs (i), (j), (k), (l),
(m), (p), (r), (s), (t), (u), (w), and (x); and
0
b. Add paragraphs (h), (n), (o), (q), and (v).
The additions read as follows:
Sec. 20.3 Definitions.
* * * * *
(h) Dealer has the meaning set forth for that term in section
921(a)(11) of title 18, United States Code.
* * * * *
(n) Firearm has the meaning set forth for that term in section
921(a)(3) of title 18, United States Code.
(o) Importer has the meaning set forth for that term in section
921(a)(9) of title 18, United States Code.
* * * * *
(q) Manufacturer has the meaning set forth for that term in section
921(a)(10) of title 18, United States Code.
* * * * *
(v) For purposes of 28 CFR 20.33(e), person has the meaning set
forth for that term in section 921(a)(1) of title 18, United States
Code.
* * * * *
0
4. Amend Sec. 20.33 by adding paragraph (e), to read as follows:
Sec. 20.33 Dissemination of criminal history record information.
* * * * *
(e) NCIC Gun File records that are necessary to verify whether a
firearm offered for sale to a licensed firearms importer, manufacturer,
or dealer has been stolen may be made available to a person licensed as
an importer, manufacturer, or dealer of firearms. Information
disseminated to such licensees shall be limited solely to the purpose
of verifying whether firearms offered for sale to licensees have been
stolen.
0
5. In the Appendix to part 20, subpart C, add an entry for Sec.
20.33(e) to read as follows:
APPENDIX TO PART 20--COMMENTARY ON SELECTED SECTIONS OF THE REGULATIONS
ON CRIMINAL HISTORY RECORD INFORMATION SYSTEMS
* * * * *
Sec. 20.33(e). The dissemination of NCIC records, pursuant to
this paragraph, is limited solely to the purpose of verifying
whether firearms offered for sale to licensees have been stolen. The
dissemination of such NCIC records for other purposes is not
authorized.
* * * * *
Dated: June 24, 2024.
Merrick B. Garland,
Attorney General.
[FR Doc. 2024-14253 Filed 6-28-24; 8:45 am]
BILLING CODE 4410-02-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.