NICS Denial Reasons

Insight into firearm ownership denial reasons by the National Instant Criminal Background Check System (NICS).

What is NICS?

To ensure that firearms are not sold to those who shouldn’t have them, the federal government (managed by the FBI) has developed the NICS system. Although it’s important that guns don’t fall into the wrong hands, many times the reasons that NICS uses to disallow individuals from owning a firearm can be incognizant at best.

Understanding the reasons for NICS denials helps highlight the importance in balancing the rights of lawful gun owners with the need to protect communities. For those navigating the process, staying informed about eligibility criteria and the appeals process is essential.

New Ruling

A new ruling by Attorney General Pam Bondi, via an executive order by President Trump, has reversed the prohibition on certain gun rights which effectively means that individuals can now apply to the federal government to regain their gun ownership rights.

What NICS Does

NICS oversees background checks on those who wish to purchase firearms from a licensed gun dealer. While the NICS system assists with lawful firearm transactions, it also denies purchases to those who are prohibited by law from owning firearms.

An Overview of Common NICS Denial Reasons:

Federal Prohibitions

The primary reasons for NICS denials stem from federal prohibitions outlined in the Brady Handgun Violence Prevention Act.

These include:

Criminal Convictions: Those individuals who have been convicted of crimes punishable by imprisonment for more than one year, or those who have been convicted of a misdemeanor punishable by more than two years imprisonment, are prohibited from purchasing firearms.

Restraining Orders: Individuals subject to restraining orders related to intimate partner violence are flagged from gun ownership as well.

Domestic Violence Offense: Also ineligible are those with a misdemeanor domestic violence offense that has resulted in a conviction.

Fugitives from Justice: Any persons with an active arrest warrant will be denied the right to own a firearm.

Controlled Substance Abuse: Any addict or user of illegal drugs or controlled substances are ineligible to own a gun. This includes those with recent drug convictions or positive drug tests.

Mental Health Adjudications: Individuals adjudicated as mentally defective or involuntarily committed to a mental institution are prohibited from firearm ownership.

Illegal or Non-Immigrant Aliens: Non-citizens who are unlawfully present in the U.S.A., or those admitted to the U.S.A. under non-immigrant visas are denied.

Military Dishonorable Discharge: Former members of the U.S. Armed Forces who have been dishonorably discharged are prohibited from owning a firearm.

State-Specific Gun Ownership Prohibitions

In addition to federal criteria, some states have their own restrictions that may result in a NICS denial. These can include state-specific regulations on firearm ownership or additional background check stipulations.

Errors and Appeals

Individuals are occasionally denied firearm ownership because of errors in the NICS system. This can include mistaken identity or outdated records. Of course, the denied person can appeal the decision. The FBI provides a process for challenging denials and correcting inaccuracies in the records.

If you feel your 2nd Amendment rights have been violated because of a NICS system denial, or if your criminal record is incorrect, our firearm lawyers can help you navigate the sometimes intricate maze of gun ownership complications. Call us at 888.399.7863 or email us at info@munitionsgroup.com.