Implementation of the NICS Improvement Amendments Act of 2007 (Final Rule)

Policy Details

Policy Details

Last Action
Disapproved under the Congressional Review Act
Date of Last Action
May 18 2017
Date Introduced
Dec 19 2016
Publication Date
Aug 16 2018

SciPol Summary

The Social Security Administration (SSA) released this Final Rule, "Implementation of the NICS Improvement Amendments Act of 2007", to implement provisions of the NICS Improvement Amendments Act of 2007 (NIAA; Public Law 110-180) that require Federal agencies to provide relevant records to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS). Under this rule, the SSA would report certain individuals with specific mental health disabilities to the Department of Justice and their NICS, advising that their disability should prevent that person from purchasing firearms. The Rule also provides a mechanism for reported individuals to appeal such designation so that they can purchase firearms.

The Final Rule was published on December 19, 2016, and went into effect on January 18, 2017. Compliance was not required until December 19, 2017. However, Congress and the President disapproved (i.e., nullified) this rule under the Congressional Review Act (section 251, Public Law 104-121); President Trump signed HJ Res. 40 into law on February 28, 2017 (Public Law 115-8; SciPol brief available.)

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