If you have been denied a firearm transfer because of a record in the National Instant Criminal Background Check System (NICS), you may submit a request to appeal your denial decision. The provisions for appeals are outlined by the NICS Regulations at Title 28, Code of Federal Regulations, Part 25.10, and Subsection 103 (f) and (g) and Section 104 of the Brady Handgun Violence Prevention Act of 1993.
Requesting The Reason For Your Denial
You may request the reason for your denial by writing to:
Federal Bureau of Investigation
NICS Section
Appeal Services Team, Module A-1
Post Office Box 4278
Clarksburg , WV 26302-9922
- You must include your complete mailing address. You may also submit your request by facsimile or by e-mail. (See below for the NICS facsimile number and e-mail address.)
- You must include your NICS Transaction Number (NTN). The NTN can be obtained from the Federal Firearms Licensee (FFL).
- The NICS Appeal Services Team (AST) cannot initiate an appeal for you at the request of another individual without your written and signed authorization.
- You may submit your professionally-rolled fingerprints with your initial written correspondence. The submission of fingerprints with your appeal request may hasten the appeal process for you.
- The NICS AST will respond to your written request by providing the reason for yourdenial within five business days after receiving your correspondence.
Appealing your Denial
The following information outlines the steps you must take to either challenge your record or make a claim that the record used as the basis for your denial pertains to someone else.
Questions of Identity
In cases involving criminal history records, if fingerprints are not submitted with your appeal request, you may subsequently be required to submit your fingerprints to establish positive proof of your identity. If your fingerprints are required by the NICS Section and you wish to further the appeal process, you must have your fingerprints professionally rolled. The agency rolling your fingerprints must provide (preferably by agency stamp) an agency name, address, telephone number, and an Originating Agency Identification number (as assigned by the FBI) or the legible signature of the person who rolled your fingerprints on the fingerprint card. The reason fingerprinted must be marked “For NICS Purposes.” The omission of any required information (as listed above) may result in a rejection of your fingerprints.
Record Challenges
You may challenge the accuracy of the record used in the evaluation of your denial or declare that your rights to obtain a firearm have been restored, etc. If you have any additional information (e.g., court documentation) that may assist the NICS AST in correcting or updating the record, you should attach the information to your written correspondence.
- If the NICS AST is unable to resolve your appeal, you will be provided information to contact the agency that created the record. For correction of the record, you must follow procedures established by the state or federal agency that maintains the original record. You may submit any information to the originating agency that would assist with the correction or update of your record. (This may also hasten the appeal process for you.) If the originating agency corrects your record, the NICS AST must be notified and provided documentation indicating such. The NICS AST will verify and evaluate the information, and provide you with its decision on your appeal in writing.
Appeal Inquiry
Any inquiry concerning your appeal should be directed to the NICS AST in writing. Due to the Privacy Act of 1974, specific information cannot be disseminated to you via the telephone.
Successful Appeal
If your appeal is successful, you will be notified by the NICS AST that your denial has been overturned and that you are eligible to receive a firearm. You will be issued documentation which must be presented to the FFL who initiated your background check.
Voluntary Appeal File
If you continue to experience transaction denials or lengthy delays as a result of subsequent firearm background checks, you may be eligible for entry into the NICS Voluntary Appeal File (VAF). For more information pertaining to the VAF, you may contact the NICS Customer Service at 1-877-444-NICS (6427).
What Prohibits an Individual From the Transfer or Possession of a Firearm?
A deny message from the NICS indicates that either you or another individual with a similar name and/or similar descriptive features has been matched with either federally prohibitive criteria (listed below) or state law.
Are you or have you been:
- Convicted in any court of a crime punishable by imprisonment for a term exceeding one year, or any state offense classified by the state as a misdemeanor and punishable by a term of imprisonment of more than two years?
- Under indictment or information for a crime punishable by imprisonment for a term exceeding one year?
- A fugitive from justice (the subject of an active criminal warrant)?
- An unlawful user of or addicted to any controlled substance?
- Adjudicated as a mental defective or involuntarily committed to a mental institution?
- An illegal or unlawful alien; or a nonimmigrant who fails to meet certain exceptions to possess a firearm?
- Discharged from the Armed Forces under dishonorable conditions?
- A renouncer of U.S. citizenship?
- Subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?
- Convicted in any court of a misdemeanor crime of domestic violence?
NOTE : The NICS must also deny firearm transfers based on applicable state law.
NICS Section Information :
NICS Section Facsimile
1-888-550-6427
NICS Appeal Facsimile
1-304-625-0535
Telecommunications Device for the Deaf (TDD)
1-877-NICS-TTY
NICS Web Site
www.fbi.gov/hq/cjisd/nics/index.htm
NICS E-mail Address
a_nics@leo.gov
NICS Appeals E-mail Address
nicsappeals@leo.gov
NICS Customer Service
1-877-444-NICS (6427)
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