Mar 26 -- The Bureau of Justice Statistics, Department of Justice, invites comments to OMB by April 25, 2024 regarding the Firearm Inquiry Statistics (FIST) Program.
Through the Firearm Inquiry Statistics (FIST) Program, the Bureau of Justice Statistics (BJS) obtains annual information from State and local checking agencies responsible for maintaining records on the number of background checks for firearm transfers or permits that were issued, processed, tracked, or conducted during the calendar year. Specifically, State and local checking agencies are asked to provide information on the number of applications and denials for firearm transfers received or tracked by the agency and reasons why applications were denied. BJS combines these data with the Federal Bureau of Investigation's (FBI) National Instant Criminal Background Check System (NICS) transaction data to produce comprehensive national statistics on firearm applications and denials resulting from the Brady Handgun Violence Prevention Act of 1993 and similar State laws governing background checks and firearm transfers. BJS will also collect information from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) on denials screened and referred to ATF field offices for investigation and possible prosecution. BJS publishes FIST data on the BJS website in statistical tables and uses the information to respond to inquiries from Congress, Federal, State, and local government officials, researchers, students, the media, and other members of the general public interested in criminal justice statistics.
BJS began the FIST program in 1995 as a means to develop annual national estimates of the total number of firearm transfer and permit applications received and denied pursuant to the Brady Handgun Violence Prevention Act of 1993 (the Brady Act) (Pub. L. No. 103-159, 107 Stat. 1536 (1993), as amended at 18 U.S.C. Section 921 et seq.). The Brady Act mandates a criminal history background check be conducted on any person who attempts to purchase a firearm from a Federal Firearms Licensee (FFL). The permanent provisions of the Brady Act established the National Instant Criminal Background Check System (NICS). The NICS is operated by the Federal Bureau of Investigation (FBI) and maintains data on persons who are prohibited from purchasing or possessing a firearm under the Brady Act or under state law. The NICS is accessed by the FBI or a state point-of-contact (POC) prior to allowing a transfer of a firearm to proceed.
BJS has conducted the FIST collection annually since the program’s inception in 1995. The Regional Justice Information Service (REJIS) is BJS’s FIST data collection agent. Through FIST, BJS obtains background check data on applications and denials from state and local checking agencies and combines this information with FBI NICS federal transaction data to produce comprehensive national statistics on firearm application and denial activities resulting from the Brady Act and similar state laws. BJS also obtains information on reasons why firearm applications are denied and receives information from the ATF Denial Enforcement and NICS Intelligence (DENI) Branch on FBI denials screened and referred to ATF field offices for investigation and possible prosecution.
BJS publishes FIST data annually in its Background Checks for Firearm Transfers series, available on the BJS website. As detailed in the statistical tables, almost 25 million applications for firearm transfers and permits were received in 2020, of which about 1.6% were denied. BJS recently completed the 2021 collection and is in the process of finalizing the data for analysis. The 2022 collection launched in August 2023 and is nearing closeout.
The FIST collection uniquely contributes to the goals of the NICS by enhancing efforts to collect and analyze data on applications and denials for firearm transfers and permits. Through FIST, BJS is able to obtain more detailed information on firearm background check activities that can be used to inform policy and programmatic decisions, including assessing the impact of the Brady Act over time on preventing firearm transfers to prohibited persons.
The FBI also collects and publishes information related to firearm background check activities in their annual NICS Operations Report. The FBI report provides technical details on the status and functioning of the NICS. The report provides useful information on operational functions such as the volume of hits on the system, system downtime, immediate proceed and denial rates, and electronic check rates, but it is not intended to provide comprehensive national statistics on the number of firearms applications received and denied annually. As described below, the FIST Program is designed to provide certain data not contained in the NICS Operations Report.
BJS uses FIST data to produce a national estimate of the number of firearm applications received and denied annually. The FBI NICS system counts firearm background checks, rather than the number of applications for firearm transfers or permits. The difference is that more than one background check may be run on an application. Moreover, the state POCs surveyed by FIST can parse out the background checks that are not connected to a transfer.
The FIST collection obtains comprehensive information from state and local agencies on denials and reasons for denials, while the FBI reports complete information only on denials issued by the NICS Section. NICS transaction data do not include complete data on denials issued at the state and local levels because some state POCs are unable to routinely report denial information to NICS due to resource limitations. Further, some local agencies in the FIST survey are not in a NICS POC state and cannot report denials to the FBI. Thus, the FBI NICS data do not provide information on all denials issued at the state and local levels.
The FIST collection is also unique because it produces state-level estimates of firearm applications and denials. Additionally, through FIST, BJS produces detailed information about two different state firearm permit types that are not distinguished in the FBI NICS state data: 1) permits required for a transfer (“purchase permits”) and 2) concealed carry permits that may be used to waive a background check at the time of transfer (“exempt carry permits”).
FIST Program:
https://bjs.ojp.gov/data-collection/firearm-inquiry-statistics-fist-program
BJS submission to OMB:
https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202403-1121-001 Click IC List for information collection instrument, View Supporting Statement for technical documentation. Submit comments through this webpage.
FRN:
https://www.federalregister.gov/d/2024-06284
For AEA members wishing to submit comments, "A Primer on How to Respond to Calls for Comment on Federal Data Collections" is available at
https://www.aeaweb.org/content/file?id=5806