What to Do If You’re Wrongly Denied a Gun Purchase: A Guide to the Appeal Process and Your Rights

If someone thinks they are a law-abiding citizen and legally allowed to own a gun, being turned down for a gun purchase can be very frustrating and confusing. It can feel like a violation of your constitutional rights. This happens more often than people think, because the system that is supposed to keep guns out of the wrong hands can sometimes make mistakes. The good news is that a denial is not the end of the story. You have the right to appeal the decision if you think you were wrongfully denied the right to buy a gun. Anyone going through this difficult legal process needs to know why their application was denied, how to file an appeal, and how to protect their constitutional rights.

The Foundation of a Denial: The NICS System and Prohibited Persons

The National Instant Criminal Background Check System (NICS) is the system that controls gun sales in the US. The Brady Handgun Violence Prevention Act of 1993 made the NICS system possible. The system's goal is to stop people who are not allowed to own guns from being able to buy them.

If someone tries to buy a gun from a licensed dealer, the dealer calls the FBI, which checks the person's background against a list of people who are not allowed to have guns. There are many reasons why someone might not be able to own a gun.

  • A Felony Conviction. A conviction for a felony, or any crime that carries a potential sentence of more than one year, is a common reason for a denial.

  • A Misdemeanor Conviction for Domestic Violence. A conviction for a misdemeanor crime of domestic violence is also a reason for a denial.

  • A Court Order. A person who is subject to a court order for a protective order or a restraining order may be denied.

  • A Mental Health Diagnosis. A person who has been diagnosed with a mental illness that has led to an involuntary commitment to a mental institution may be denied.

  • Illegal Immigration Status. A person who is in the country illegally is prohibited from owning a firearm.

The NICS system is a vast database, and a denial can be a result of an inaccurate record. This is why a wrongful denial can and does occur.

The Two Avenues for a Wrongful Denial: A Step-by-Step Guide

If you believe you have been wrongly denied a gun purchase, you have a legal right to appeal the decision. The process for an appeal is methodical and is designed to correct any inaccuracies in the NICS database.

The Appeal to the FBI

This is the primary avenue for challenging a federal denial.

  • What It Is. An appeal to the FBI is a request for a review of the denial.

  • The Process. After a denial, the firearm dealer will provide you with a "NTN" (NICS Transaction Number) and a denial letter. The denial letter will provide a reason for the denial. You can then file a formal appeal with the FBI's NICS Section. You must provide the NTN and a clear explanation of why you believe the denial was wrongful.

  • The Goal. The goal is to provide evidence that the information in the database is inaccurate. For example, if the denial was due to a felony conviction, you can provide a court record that shows the conviction was overturned.

The Challenge in State Court

Some states have their own background check systems. In these states, a person may have to challenge a state denial in state court.

  • What It Is. This is a more formal legal process that often requires an attorney.

  • The Process. The state's denial letter will provide a reason for the denial and will also provide a process for an appeal. The process can vary by state, but it often involves a hearing before a state judge.

Key Strategies for a Successful Appeal

A successful appeal requires more than just a belief that you are in the right. It requires a strategic and methodical approach.

  • Get Legal Counsel Immediately. An attorney who specializes in firearm law can help you understand the reason for the denial and prepare a strong appeal. They can also represent you in any legal proceedings and can fight to protect your constitutional rights.

  • Identify the Reason for the Denial. The first step in a successful appeal is to get the official reason for the denial. The firearm dealer is not allowed to provide this information. You must wait for the official letter from the FBI.

  • Gathering Evidence. You must gather evidence that proves the information in the database is inaccurate. For example, if the denial was due to a domestic violence conviction, you can provide a court record that shows the conviction was expunged.

  • The Voluntary Appeal File (VAF). The VAF is a system that a person can use to prevent future wrongful denials. If you have been wrongly denied, you can file a VAF, which will put your information in a separate database that will be used to prevent future wrongful denials. This is a crucial detail for a person who has been wrongly denied.

FAQ: Your Questions About Gun Purchase Denials Answered

Q: How long does an appeal take?

A: The timeline for an appeal can vary. An appeal to the FBI's NICS Section can take several months. A state appeal can take longer.

Q: What is a NICS background check?

A: The NICS background check is a system that a licensed firearm dealer uses to determine if a person is legally able to own a firearm.

Q: What if I'm not a U.S. citizen?

A: A person who is not a U.S. citizen is prohibited from owning a firearm unless they are a lawful permanent resident and meet other specific requirements.

Q: What is the difference between a state and a federal denial?

A: A state denial is a denial by a state's background check system. A federal denial is a denial by the FBI's NICS system. You may have to appeal both.

Q: How does a misdemeanor conviction affect my rights?

A: A misdemeanor conviction for domestic violence is a reason for a denial. A misdemeanor conviction that is not for domestic violence may not be a reason for a denial.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. The laws governing gun ownership, the NICS system, and the appeal process are complex and vary significantly by jurisdiction. This information should not be used as a substitute for professional legal guidance. For personalized advice, it is imperative to consult with a qualified attorney.

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