DOJ Finalizes Voluntary NICS Checks for Gun-Business Employees

The Justice Department published a final rule on October 27 authorizing federally licensed firearms businesses to use the FBI’s National Instant Criminal Background Check System for voluntary checks of eligible current or prospective employees. The rule takes effect November 27, 2026.

These firearm handler background checks require the employee’s informed, written consent. The rule does not require licensees to submit them. DOJ describes the checks as a way for employers to learn whether information available to NICS indicates an eligible employee is, or may be, prohibited from receiving or possessing firearms or ammunition.

Eligibility extends beyond workers who physically handle guns. The rule includes people whose duties provide access to firearms or ammunition, certain employees of licensed manufacturers with access to manufacturing materials or equipment, and qualifying independent contractors or agents working or seeking work at the licensee’s premises. The definition excludes people listed as responsible persons of the licensee.

The final rule generally limits employers to one firearm handler check per eligible employee every 12 months. An exception applies when the licensee has reasonable cause to believe the employee has become subject to a potentially prohibiting event, such as a new criminal charge, conviction or protection order.

For gun businesses considering the program, the key distinctions are its voluntary nature, written-consent requirement and November 27 effective date. Publication on October 27 does not mean the new authorization is already effective.

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