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FFLs to Use FBI’s NICS to Check Employees’ Backgrounds

It’s one of those ideas that feels so obvious; it’s no small wonder that we waited until 2026 to see it ready to be implemented.

Federal Firearm Licensees (FFLs) have a lot at stake in determining whether a current or pending employee is suitable for that responsibility. A bad apple in a gun shop could obviously create serious issues, so it’s important to be able to weed them out.

That’s why the National Shooting Sports Foundation (NSSF), the firearm industry trade group, is celebrating a pending Final Rule.

No one wants bad actors out of gun shops more than dealers themselves

The Firearm Handler Check (FHC) Final Rule was published in the Federal Registry on Tuesday. It is set to become effective 30 days after publication, and its provisions are important.

On a voluntary basis, the rule will “allow all federal firearm licensees to run background check verifications on current and prospective employees using the same FBI National Instant Criminal Background Check System (NICS) used to check the qualifications for prospective gun purchasers.

NSSF called the policy change “a long-sought, NSSF-led effort to improve firearm industry and community safety,” adding that it is a “tremendous victory for the firearm industry.”

Contrary to pervasive anti-gun talking points, gun dealers have a keen interest in keeping weapons out of the wrong hands. Using the system already in place is a major step forward for this effort.

Retailers will be empowered to enhance public safety

Before the coming change, NICS was only available to check the criminal background history of an individual seeking to purchase a weapon. 

The new protocol gives retailers an important tool to ensure prohibited persons do not handle firearms, as NSSF Senior Vice President and General Counsel Lawrence G. Keane noted.

“We all want to keep firearms out of the hands of those who should not possess them,” he said. “This includes current or prospective employees who might be hired at a licensed firearm business, but who actually are not allowed to purchase or possess a firearm, unbeknownst to the FFL owner.”

That provision was part of the so-called Bipartisan Safer Communities Act of 2022. Another feature of that law was to permit gun dealers to check firearm serial numbers against a database of those weapons reported stolen. 

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