A National Instant Criminal Background Check System (NICS) background check failure can be a frustrating and confusing experience. This comprehensive guide will explore the potential reasons for a NICS denial, the steps you can take to understand the specifics of your rejection, and the path forward to potentially resolve the issue.
Understanding the NICS Background Check Process
Before delving into reasons for failure, it's crucial to understand how the NICS system works. When you attempt to purchase a firearm, the dealer initiates a background check through NICS, submitting your information to the FBI. This information is then compared against various databases, including:
- National Criminal Information Center (NCIC): This database contains records of felony convictions, misdemeanor convictions involving domestic violence, and other relevant criminal history.
- State and Local Records: NICS also accesses state and local law enforcement records to obtain a more comprehensive picture of your background.
- Immigration and Naturalization Service (INS) Records: Information concerning immigration status is also considered.
- Mental Health Records: In some states, individuals adjudicated as mentally defective or committed to a mental institution may be prohibited from owning firearms.
Common Reasons for a NICS Background Check Failure
A NICS check can be denied for several reasons, and it's essential to understand the specific reason for your denial to take appropriate action. Some common causes include:
1. Felony Conviction:
A conviction for a felony crime is a significant barrier to firearm ownership in most states. The specifics of the felony and the state laws will determine eligibility.
2. Misdemeanor Crime of Domestic Violence:
Even a misdemeanor conviction involving domestic violence can result in a NICS denial. This highlights the seriousness with which domestic violence is viewed in the context of firearm ownership.
3. Prior Restraining Order:
A restraining order, particularly one involving domestic violence, can prohibit firearm possession. This is often considered regardless of whether a criminal conviction exists.
4. Adjudication as a Mental Defective:
Individuals officially deemed mentally defective or committed to a mental institution may be prohibited from owning firearms, depending on state and federal laws.
5. Dishonorable Discharge from the Armed Forces:
A dishonorable discharge from the military is another common reason for NICS rejection. Other less-than-honorable discharges may also result in denial depending on the specifics.
6. Illegal Alien Status:
Individuals who are not U.S. citizens and are in the country illegally are generally prohibited from owning firearms.
7. Renunciation of U.S. Citizenship:
Renouncing U.S. citizenship may impact eligibility for firearm ownership.
8. Drug Use and Addiction:
Depending on the specifics of the drug offense and state laws, past drug use and addiction may lead to a denial.
What to Do if Your NICS Check Fails
If your NICS check fails, don't panic. The first step is to obtain a copy of your NICS denial notification. This document will contain a specific reason code that helps identify the cause of the failure. Then:
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Review the Denial Reason: Carefully examine the reason code and accompanying information to understand why your application was denied.
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Contact the ATF: If you believe there's an error in the information used for the denial, contact the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for clarification and possible appeal.
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Seek Legal Counsel: Consulting with a lawyer specializing in firearms law is highly recommended. They can advise you on the best course of action based on your specific circumstances.
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Address Underlying Issues: If the denial is based on a legitimate issue (e.g., a past conviction), address the underlying problem. This might involve completing probation, appealing a conviction, or seeking help for mental health concerns.
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Be Patient: The appeals process can take time. Be prepared to provide documentation and be persistent in your efforts.
Preventing Future NICS Failures
Knowing your rights and responsibilities regarding firearms is crucial. Before attempting to purchase a firearm, thoroughly research the laws in your state regarding firearm ownership. Understanding potential disqualifying factors can help avoid future NICS failures.
This information is for educational purposes only and should not be considered legal advice. Always consult with a legal professional for guidance regarding firearms laws and regulations.
