Were you recently denied the ability to purchase a gun from an FFL because of a NICS background check? Unfortunately, this situation is more common than you think. Luckily, the expert firearms attorneys at Stone Rose Law have the knowledge and experience necessary to get to the bottom of the denial.
NICS is the National Instant Criminal Background Check System. It is what is queried every time you fill out an ATF form 4473 to purchase a firearm. NICS is maintained by the FBI and tracks whether an individual has prohibitive information that renders them unable to lawfully obtain a firearm under 18 U.S.C. § 922(g).
Unfortunately, NICS – like most government systems – is horrifically underfunded, outdated, and understaffed. To further complicate matters, it is a federal system that relies heavily on state records and input. As many likely are aware, the State and Federal governments are considered “dual sovereigns” and have different laws, definitions, and standards that apply to the various aspects of criminal and civil law.
Moreover, NICS is poorly updated, and often inaccurately updated, which leads to thousands of law-abiding gun owners being erroneously denied.
The most common reasons for a NICS denial, hands down, are criminal convictions. While not all – or even most – criminal convictions result in the loss of gun rights, NICS takes the position that if the disposition isn’t listed then the crime must be a felony or other prohibitive conviction and denies the sale. Even if the disposition is listed, if the reviewer isn’t savvy on state laws, they can make mistakes in adjudicating the background check. Other times, individuals get mixed up with other people with similar sounding names.
That being said, the ways in which NICS can find a way to deny a law-abiding gun owner from purchasing a firearm are numerous as the stars in the sky. Luckily, the expert firearms lawyers at Stone Rose Law are experienced in fighting NICS denials and protecting our client’s Second Amendment Rights.
When an individual is denied a purchase through NICS, they receive an “NTN” or NICS transaction Number. The attorneys at Stone Rose Law take that NTN – along with fingerprints and other documents – and obtain the exact reason why NICS denied the transaction. After a short while, NICS will provide a criminal history report and the reasons for denial.
Here is where the advice and guidance of an expert firearms lawyer comes into play: After receiving the reasons for the denial, our attorneys develop a unique and tailored strategy to resolve the issue. Oftentimes, this is through the filing of a restoration of rights, expungement, or set-aside petition. It can also involve getting copies of the original and certified court docs and providing those to NICS. In the cases of mistaken identity, we help to obtain a Voluntary Appeal File and a Unique PIN to use on future gun purchases.
At Stone Rose Law, our attorneys have the knowledge and experience needed to protect your gun rights and fight wrongful NICS denials.
Have you been denied a gun purchase? Contact the attorneys at Stone Rose Law today for a free consultation.