Justice Department Final Rule Lets Gun Dealers Run Free NICS Checks on Employees Who Handle Firearms

What happened

The Department of Justice published a final rule in the Federal Register on October 27, 2026, document 2026-21920 ^[1]. It amends the regulations for the FBI's National Instant Criminal Background Check System, known as NICS, so that federal firearms licensees can use the system to screen certain current or prospective employees ^[1]. The rule calls these firearm handler background checks, or FHCs, and it takes effect November 27, 2026 ^[1]. It carries out the Bipartisan Safer Communities Act of 2022 and finalizes a proposal first published on December 12, 2024 ^[1].

How it affects Americans

For gun shops and their staff, the key point is that nothing is mandatory ^[1]. Dealers may choose to submit checks, and a check can only go ahead if the employee has given informed, written consent ^[1]. The FBI will not charge dealers a fee to use NICS for these checks, though state agencies that act as points of contact may charge one ^[1]. The rule says it will impose little to no costs on dealers, employees or state, local and Tribal governments ^[1]. In the final version, the definition of an eligible employee was widened to include independent contractors or agents who work at a dealer's premises and can access firearms, ammunition, or their manufacturing components ^[1].

The Veil Press view

The Department says the benefit is information: a dealer that runs a check learns whether NICS records show the employee is, or may be, prohibited from having firearms or ammunition ^[1]. One commenter argued it violated the Second Amendment; the Department disagreed, saying the checks do not burden those rights in a way materially distinct from the existing NICS system ^[1]. To support that view, the Department quoted the Supreme Court in New York State Rifle & Pistol Ass'n, Inc. v. Bruen on shall-issue licensing regimes ^[1].

What we know

Confirmed

• The rule is effective November 27, 2026 ^[1].
• Checks are voluntary for dealers and require the employee's written consent ^[1].
• The FBI charges no fee for dealers to use NICS for these checks ^[1].
• Comments are no longer being accepted on this rulemaking ^[1].

Still being reported

• Whether state point-of-contact agencies will choose to process these checks, which the rule leaves up to them ^[1].
• Which forms dealers will use: ATF has dropped its proposed Form 5300.47 and instead proposed using Form 4473 ^[1].