Every time someone tries to buy a firearm from a licensed dealer or private dealer in some states, the FBI runs a background check to see if the individual qualifies. The intent is to flag prohibited buyers, but this system often fails. For many individuals, the system misidentifies the buyer as someone else with a similar name or birthdate who can’t legally possess firearms. Other times, the system shows criminal records that have been expunged and cannot legally be considered in the decision.
Being denied the right to own a firearm feels final, but it’s not always the last word, especially if the denial was unlawful. Whether the problem came from a background check error, a misunderstanding on your record, or a technical disqualification, you might still have options. According to FBI data, 27.7% of denials are overturned every year because of errors. If your denial was a false positive, it’s worth fighting.
If you’ve been denied a gun permit or purchase, here’s how to challenge the decision correctly for a better chance at getting it reversed.
Hire a firearms attorney right away
The second your firearms purchase or permit is denied and you decide to fight it, you’re entering a legal process that will only become more complex. Trying to manage the situation on your own will almost certainly result in failure. A firearms denial often involved several components, like federal databases, state statutes, and procedural deadlines. There’s no margin for error. If you do something wrong, there’s no forgiveness or exceptions.
You need a lawyer who can interpret your situation from a legal standpoint. For instance, your denial will be explained in legalese and will likely reference a statute, code, or some kind of vague category like “prohibited person.” What may sound confusing to you will make sense to your lawyer. They’ll know exactly what triggered your denial and whether it was a legally valid decision. They’ll also know how to move forward with an appeal. This might include filing a federal lawsuit to force the court to correct your record or approve the sale.
The four steps to appealing a denial
If the NICS system denied your gun purchase, you’ll go through a four-step process to challenge the decision.
1. Submit a NICS appeal
The first step is to submit a firearm-related challenge. This requires submitting paperwork with your NICS transaction number and supporting documentation.
Be prepared to gather extensive documentation. Once you know why you were denied, your lawyer will start building your case. They can request records on your behalf from the court, but it can help speed up the process if you already have official court documents showing that your case was dismissed, reduced, or expunged.
If your record has been cleared or your rights have already been restored, you’ll need certified copies of court documents to prove it. If your denial was caused by mistaken identity, you might need to submit fingerprints or additional identification records to prove you aren’t the prohibited person.
2. Correct your records
Once the FBI receives your request, they’ll respond with a reason for your denial. At this point, you’ll need to send them documentation to correct the error. This can require paperwork like certified court records and identity documents.
It’s critical to understand exactly why you were denied. There are twelve general reasons people get denied, and it’s critical to understand which circumstances are being applied to your situation.
Depending on your state and criminal history, you might have more than one factor flagging you. If the reason for your denial can be proven invalid, it shouldn’t be hard to overturn the decision if you have a good lawyer.
3. Apply for a VAF and UPIN
If getting denied happens regularly because of a misidentification, apply for the Voluntary Appeal File (VAF). If approved, you’ll get a PIN to use each time you go through a background check.
4. File a federal lawsuit
If the FBI won’t correct the error or takes too long to respond, you can file a federal lawsuit to have your record corrected and force approval of your purchase.
Your denial is worth fighting
A denied firearms purchase can feel like an impossible roadblock, but it’s not always the last word. If you believe you were unfairly denied, contact an attorney to start appealing the decision. Even if the denial was valid, it helps to find out exactly why you were denied since some valid denials are only temporary, and you can apply again after the disqualifying factor is resolved.