The Department of Justice finalized a rule on Monday authorizing Federal Firearm Licensees to voluntarily use the National Instant Criminal Background Check System for employment background checks of current or prospective employees. The regulation amends rules governing the Federal Bureau of Investigation's background check system and implements requirements of the Bipartisan Safer Communities Act of 2022.

Under the new rule, licensees must obtain informed, written consent from an eligible employee before submitting a background check. The system will return one of three responses: Pass, Pending, or Did Not Pass. Individuals who receive a Did Not Pass response may appeal the result in the same manner as those denied a firearm transfer.

The Department stated that the rule imposes little to no costs upon Federal Firearm Licensees, eligible employees, or governmental entities because participation is voluntary. The final rule becomes effective 30 days after its publication in the Federal Register.