Tenn. Comp. R. & Regs. 1395-01-03-.04 - TICS PROGRAM INSTANT CHECKS REQUEST REQUIREMENTS

(1) The primary owner/operator of a business shall establish an account with the TBI TICS Program prior to any check requests by meeting the following requirements:

(a) Completing the Account Information Form provided by the TBI TICS Unit; and

(b) Returning the completed Account Information Form to the TBI TICS Unit along with a copy of a valid Federal Firearms License; and

(c) Choosing a password to identify the business during any transaction and only allowing those employees with the authority to request TICS services access to the password.

(2) The information on record with the TBI TICS Unit shall remain current and correct with any changes reported by repeating the application process outlined in section one (1).

(3) Any request by an FFL for information shall be done by telephone, through an approved POS Unit, or any other method approved for access by the TBI, and the following information shall be provided to the TBI TICS operator:

(a) The federal firearms license number of the gun dealer, or the pertinent portion thereof as well as the FFL's self-assigned password;

(b) The business name of the gun dealer;

(c) The place of transfer, including the store location/ name or gun show location;

(d) The name of the salesperson making the transfer;

(e) The make, model, caliber and manufacturer's number of the firearm being transferred;

(f) The name, gender, race and date of birth of the recipient;

(g) The social security number of the recipient, if one has been provided; and

(h) The type, issuer and identification number of the identification presented by the recipient.

(4) The TBI TICS operator shall give the FFL a transaction number for all approvals and denials, and the transaction will be assigned one of the following statuses:

(a) Approved (means transaction may be completed);

(b) Denied (means transaction is prohibited); or

(c) Pending (means the TBI TICS Unit must investigate further before a final decision may be made, which shall occur within seventy-two (72) hours of the phone call). No transaction number will be provided to the FFL until the transaction is Approved or Denied.

(5) The TBI TICS operator shall not give out any information other than the status of the transaction listed above. If the TBI TICS check reveals a record of stolen guns or wanted individuals in the NCIC system, then the TBI TICS operator shall immediately inform local law enforcement officials of such illegal activity and the location of the FFL.

(6) The FFL shall record the transaction number from the TBI TICS operator on the firearm transaction record and transaction thumbprint form, which is furnished by the TBI TICS Unit upon request.

(7) The TBI TICS operator may ask the FFL to send the thumbprint form to the TICS Unit in Nashville, Tennessee to verify the identity of the recipient.

(8) The FFL shall keep the thumbprint form for one (1) year or may keep the form for five (5) years while attached to the BATF Form 4473, which the TBI strongly recommends.

(9) A TICS check must be performed on persons redeeming firearms in pawnshops on each occasion. A TICS check may be performed on the person pawning the firearm prior to the FFL taking the firearm as collateral, but must be run again at the time the firearm is redeemed from pawn.

(10) A fee of $10.00 will be charged for each background inquiry initiated, regardless of the final approval or denial disposition. This fee will be charged to the FFL's account and the account will be billed on a monthly basis. THE FFL NUMBER MUST ACCOMPANY THE REMITTANCE in some form, preferably in the appropriate memo space. Only business checks, money orders, or cashiers checks, made payable to the Tennessee Bureau of Investigation will be accepted. Any account with an unpaid balance past due 60 days will be closed until payment has been received, precluding further TICS checks and therefore any further firearms transfers. All payments received will be applied to the oldest outstanding invoice first. Checks returned for any reason will be subject to a $20.00 charge. The FFL number is used to identify the FFL's unique account number and ensure proper billing. All payments must be mailed to:

Tennessee Bureau of Investigation

Fiscal Services - Instant Check

901 R.S. Gass Boulevard

Nashville, Tennessee 37216-2639

(11) Each transaction is valid for three (3) business days, or seventy-two (72) hours, after close of business on the day of the approval of the transaction, and any recipient who does not take possession of the firearm during the valid time period must undergo a new transaction in which a new fee will be charged.

(12) An FFL may choose not to perform a TICS check on transfers of firearms to law enforcement officers only if all other provisions of the law governing transfers has been met, and it is advisable for the FFL to ask the law enforcement officer to produce a letter from his/her agency head stating that the officer is currently employed by the department and remains in good standing. Further, the agency head must provide the FFL a letter stating the officer is purchasing the firearm for on-duty use or else the FFL must run a TICS check on the officer.

(13) An FFL may choose to perform a TICS check to determine if a firearm has been reported stolen, prior to taking the firearm as pawn collateral, and the TBI shall not charge the FFL for that inquiry.

Notes

Tenn. Comp. R. & Regs. 1395-01-03-.04

Original rule filed November 6, 2001; effective March 30, 2002.

Authority: T.C.A. §§ 39-17-1316 and 28 C.F.R. § 25.6.