Myth Buster: The federal background check database for firearm purchases contains mental health records

MYTH: The federal background check database for firearm purchases contains mental health records.

FACT: The National Instant Criminal Background Check System (NICS) contains only identifying information and the fact that the individual identified is subject to a prohibitor that bars the firearm transaction.

The National Instant Criminal Background Check System (NICS) is a federal database containing the names of individuals prohibited under federal law from purchasing a firearm. Recently, the Department of Health and Human Services (HHS) announced a proposed rule amending the HIPAA regulations (governing the privacy and security of individually identifiable health information) to expressly permit certain covered entities (e.g., health care providers, health plans) to disclose information about individuals subject to the Brady Handgun Violence Prevention Act's "mental health prohibitor." To learn more about the NICS and the proposed rule, read our Myth Buster on the database and mental health records below.