Background Check Denials

If you have been denied from buying a firearm due to a background check, you have the legal right to appeal through the FBI’s National Instant Criminal Background Check System (NICS). But how does the appeal process work, what documentation do you need, and how do you even navigate the Voluntary Appeal File (VAF) option.

Understanding the Background Check System

When purchasing a firearm from a federally licensed dealer (FFL), your information is submitted to the FBI’s NICS. This system checks databases for any disqualifying factors such as felony convictions, restraining orders, or mental health adjudications.

Denied Status: Indicates a potential federal or state prohibition.

Delayed Status: Means the FBI needs more time to verify your background.

Proceed Status: You’re cleared to purchase the firearm.

If you receive a denied status and believe it’s in error, you can challenge the decision through an appeal.

How to File a Firearm Background Check Appeal

The appeal process allows individuals to contest a denial and correct any inaccuracies in their record.

Here’s how to begin:

Visit the FBI NICS Appeal Website: https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/nics/national-instant-criminal-background-check-system-nics-appeals-vaf

Submit a Firearm-Related Challenge:

Complete the appeal form online.

Provide identifying information and details about the denial.

Upload Supporting Documents:

Court records showing dismissed or expunged charges.

Proof of identity or corrected personal information.

Any documentation that clarifies your legal eligibility.

The FBI will review your submission and determine whether the firearm denial was valid. If successful, your record will be corrected, and you may proceed with the firearm purchase.

Voluntary Appeal File (VAF)

If you’ve been wrongly delayed or denied multiple times, you can apply to the Voluntary Appeal File (VAF). This allows the FBI to retain your information to expedite future background checks.

Purpose: Prevent repeated delays or denials due to similar name matches or outdated records.

Process: Submit a VAF application along with fingerprints and supporting documents.

Outcome: You’ll receive a Unique Personal Identification Number (UPIN) to include on future firearm purchase forms.

Timeline and Considerations

Processing Time: Appeals can take several weeks to months depending on complexity.

Legal Support: Consider consulting an attorney if your denial involves complex legal issues or federal prohibitions.

State-Level Appeals: Some states may have additional procedures or requirements.

Firearm background check appeals are a vital safeguard for protecting your Second Amendment rights. Whether you’re facing a mistaken denial or repeated delays, understanding the NICS appeal and VAF process can help you clear your record and move forward legally and confidently.

Firearm Background Check Appeal Checklist

1. Gather Basic Information

Full legal name

Date of birth

Social Security Number (optional but helpful)

NICS Transaction Number (NTN) from the dealer or denial notice

2. Collect Supporting Documentation

Court records showing dismissal, expungement, or correction of charges

Proof of identity (e.g., driver’s license, passport)

Any legal documents clarifying your eligibility (e.g., pardon, restoration of rights)

3. Submit Your Appeal

Go to the FBI NICS Appeal and VAF page

Choose “Firearm-Related Challenge”

Complete the online form and upload documents

4. Consider the Voluntary Appeal File (VAF)

If you’ve been delayed or denied multiple times due to mistaken identity or outdated records:

Apply to the VAF

Submit fingerprints (FD-258 card)

Receive a Unique Personal Identification Number (UPIN) to include on future ATF Form 4473s

5. Track Your Appeal

Monitor email or mail for updates from the FBI

Response times vary—expect several weeks to months

Contact our law firm if your case involves complex legal issues.

This is especially helpful for federal prohibitions or mental health adjudications.

We can work on your behalf with incorrect NICs records and background checks. If you need help preparing your appeal or gathering documentation, we can help.

If you feel your rights have been violated, or if your criminal record is incorrect, our lawyers have the experience to help with any inaccuracies in the NICs system records etc. Call us at 888.399.7863 or email us at info@munitionsgroup.com.