What steps should I take if my background check at a gun shop fails?

Experiencing a delayed or denied background check when attempting to purchase a firearm can be a confusing and frustrating event. It is a situation that, while uncommon, does occur for a variety of reasons. The most important steps to take are to remain calm, seek clarity, and follow the proper legal channels. This guide outlines the responsible actions you can take if you find yourself in this situation.

Understanding the NICS Process

When you purchase a firearm from a licensed dealer (FFL), they are required by federal law to conduct a background check through the National Instant Criminal Background Check System (NICS), managed by the FBI, or through a state point of contact. The vast majority of these checks result in an immediate "Proceed." However, there are two other potential outcomes: a "Delay" or a "Deny." A delay means the system requires more time to research your information, while a deny indicates you were found to be a prohibited person under federal or state law.

Immediate Steps to Take at the Gun Shop

Your first course of action should be a conversation with the FFL conducting the transfer. It is critical to approach this professionally and with a desire for information.

• Do Not Argue: The FFL is bound by the law and the result from NICS. They cannot legally transfer the firearm to you on a denied status.
• Ask for the NTN: Request the NICS Transaction Number (NTN). This unique identifier is your key to investigating the matter.
• Clarify the Status: Ask if the result was a definitive "Deny" or a "Delay." If it is a delay, the FFL may provide you with a timeframe (often three business days) after which they can proceed with the transfer if they do not receive a deny from NICS. Policies on this vary by dealer and state law.

Investigating a Denied Background Check

If you receive a denial and believe it to be in error-which data suggests happens in a small percentage of cases-you have a formal path for appeal. The FBI provides a process called the NICS Voluntary Appeal File (VAF).

1. Request the Reason: You can challenge the denial by following the instructions on the FBI's NICS website. You will need your NTN to initiate this process.
2. Submit an Appeal: The FBI will provide you with a form (the NTN Denial Letter) that outlines the reason for the denial. You can then submit documentation to prove your eligibility. Common reasons for erroneous denials include mistaken identity, outdated records, or expunged offenses not yet updated in the system.
3. Consider a UPIN: If your appeal is successful and the denial was overturned, you may be issued a Unique Personal Identification Number (UPIN). Providing this UPIN to an FFL during future transactions can help prevent delays or denials due to similar name or identity issues.

Checking State and Local Procedures

It is essential to remember that some states run their own background check systems, which may have different procedures, timelines, and appeal rights than the federal NICS process. The FFL you are working with should be able to inform you if your state uses an alternative system. You are responsible for verifying the current laws and procedures in your specific jurisdiction, as they can change.

Preventative Measures and Final Thoughts

To minimize the chance of a future delay, ensure all your personal information on the ATF Form 4473 is accurate and complete. If you have a common name or suspect there may be a record confusion, you can proactively apply for a UPIN through the FBI's VAF program before attempting a purchase.

Facing a denied background check is a serious matter that should be addressed promptly and through official channels. It is not a process to circumvent. Responsible gun ownership begins with ensuring all transactions are lawful. If you have specific legal questions regarding your status or the appeal, consulting with qualified legal counsel familiar with firearms law in your area is always the most prudent course of action.