All About Background Checks

Any time you transfer or purchase a firearm through or from a Massachusetts dealer, the dealer performs both Federal and State background checks. Whether at the dealer's shop or at a gun show, there are no exceptions to this rule. Here's how they work and what to expect:

The Federal Check

The customer fills out a Form 4473. This is a form from the ATF that has information about the gun(s) to be transferred, as well as personal information about the customer including your name, address, gender, race, height, weight, and date of birth.
The dealer logs on to an FBI-run website called NICS (short for National Instant Check System) and enters the information from the Form 4473.
NICS performs an automated background check that can return one of three results:
- Proceed - You've passed the federal background check, and the dealer can go on to do the state check.
- Delayed - Something came up on the automatic check that has to be looked at by a real person. You can get delayed even with a spotless criminal and mental health history. Usually it's because someone with a similar name and DoB is incarcerated somewhere or otherwise prohibited from owning a firearm. The dealer is notified when the delay is cleared, and its final result - usually within a couple of days. If three business days pass without the delay being resolved, the dealer may transfer the firearm to you anyway.
- Denied - You've failed the background check. Something in your criminal or mental health history has caused the FBI to consider you a "prohibited person". If you believe the denial was erroneous, there is a process that allows you to appeal it. The most common reason for denial for MA permit holders is a past conviction for marijuana possession. It's no longer illegal in the state, so you can get a firearms permit, but any drug offense is still a disqualifier at the federal level. Contact an attorney to have your conviction expunged, and try again.
The dealer completes the dealer section of the 4473 and keeps it for his/her records. These are kept indefinitely.

The State Check

The dealer logs on to a MA state-run website called MIRCS (short for Massachusetts Instant Record Check System) and enters your LTC or FID number and PIN.
The system verifies that you have a valid MA LTC or FID.
The dealer enters information about the firearm to be transferred and submits the form to the state.
The dealer prints two copies of the FA-10 form, You and the dealer sign both forms. You get one and the dealer keeps one for his/her records.

I hope you found this post informative. If you have any questions, feel free to contact me here (I'm an FFL), or message me on Facebook (Jim Finnerty).