Notwithstanding the MIRCS submission requirements set forth in 803 CMR 10.07, a gun dealer may transmit a gun transaction to the DCJIS in an alternative manner, to be determined by the commissioner of the DCJIS or his or her designee, if:

1. (1) granted authorization per gun transaction by the commissioner or his or her designee; and
2. (2) the commissioner or his or her designee determines that the MIRCS infrastructure is not operational.