When someone applies for a Firearm Owner’s Identification Card, what records are checked in the background check?
The background check will include the following records:
- the National Instant Criminal Background Check System (NICS) of the Federal Bureau of Investigation;
- Commonwealth criminal history files;
- Commonwealth and federal records regarding wanted persons;
- Commonwealth and federal records of domestic violence protective orders;
- Commonwealth and federal records that identify persons who illegally use or are addicted to any controlled substance; and
- any other available files of any federal, state, and private or public local agency in any jurisdiction that may have information about whether the applicant is prohibited from buying or having a firearm under federal, state, or local law.1
The NICS should have a record if the abuser:
- was convicted of a felony or domestic violence misdemeanor in any state or territory; or
- has a qualifying protection order against him/her.2
However, not all states automatically put their records in the NICS. This makes it more difficult to do a complete criminal background check. Sometimes, criminals and abusers might slip through the system.
1 6 CMC § 10609
2 National Criminal Justice Reference Service website




