Table 8. ATF investigation of National Instant Criminal Background Check System (NICS) denials by the FBI, 2007
FBI denials referred to ATF Brady Operations
Brady Operations referred to ATF field divisionsa
Total referred to fieldb
Not referred to field
Not referred and overturned
Reasons for referrals to ATF field divisions
Domestic violence misdemeanor
Subject to protective order
Under indictment or informatione
Unlawful user of controlled substance
Note: Total may not add to 100% due to rounding. aA denial is referred if it is likely to merit prosecution under ATF and U.S. Attorney criteria. bIncludes 100 delayed and 334 standard denials overturned after referral to a field division when a subject was found to not be prohibited. cA firearm may be obtained during an "open transaction" where the FBI has not completed a check in three business days and the dealer is allowed to transfer the firearm. If the FBI completes the check and finds that the buyer is prohibited, a delayed denial referral is made to ATF. dA standard referral involves a person who is not allowed to receive a firearm because the FBI found a prohibitory record within three business days. eAn “information” is a formal accusation of a crime, which differs from an “indictment,” because it is made by a prosecuting attorney rather than a grand jury. fThe category "other reasons" is compiled from seven other prohibiting categories utilized by the Brady Operations Branch to refer denials for field investigation.
Source: Bureau of Alcohol, Tobacco, Firearms and Explosives, Brady Operations Branch.