Navigating the world of firearms and the National Instant Criminal Background Check System (NICS) can be confusing. This guide breaks down the various NICS background check responses, explaining what they mean and what happens next. Understanding these responses is crucial for both firearm dealers and prospective purchasers.
What is the NICS?
The NICS is a national system created to ensure that individuals prohibited from possessing firearms under federal law do not obtain them. When you attempt to purchase a firearm from a licensed dealer, they initiate a NICS background check. This check verifies your identity and flags any potential disqualifying factors.
Understanding NICS Background Check Responses
The NICS system provides several responses, each carrying different implications:
1. Proceed
A "Proceed" response means the NICS check revealed no disqualifying information. The licensed firearms dealer can then legally proceed with the sale. This is the desired outcome for most firearm purchasers.
2. Delayed
A "Delayed" response signifies that the NICS system requires additional time to process the information. This can happen for several reasons, including:
- Incomplete or inaccurate information: Errors in the information provided during the application process.
- Information system issues: Technical glitches or delays within the NICS system itself.
- Need for additional data: The system might require further information from state or local law enforcement agencies.
A delay does not automatically mean denial. The dealer will usually wait a certain period (often three days) before contacting the ATF for clarification. If the delay is not resolved, the sale may be denied.
3. Denied
A "Denied" response indicates that the NICS check revealed information that disqualifies the purchaser from possessing a firearm under federal law. This is a serious matter, and the sale cannot proceed. Reasons for denial can include:
- Felony conviction: A prior conviction for a felony offense.
- Domestic violence misdemeanor conviction: A conviction for a misdemeanor crime of domestic violence.
- Certain mental health adjudications: A court order finding an individual to be mentally defective or involuntarily committed to a mental institution.
- Illegal alien status: Being an undocumented immigrant.
- Dishonorable discharge from the armed forces: Receiving a dishonorable discharge from the military.
- Renunciation of U.S. Citizenship: Formally giving up U.S. citizenship.
It's important to note that state laws may have additional disqualifying factors beyond those listed above.
4. Other Possible Responses
While "Proceed," "Delayed," and "Denied" are the most common responses, there may be other outcomes depending on the specifics of the background check. These are less frequent but can still occur. Always consult with a qualified firearms attorney or the ATF for clarification if you receive an unusual response.
Appealing a Denied NICS Check
If your NICS check is denied, you have the right to appeal. The process can be complex and varies depending on the reason for the denial. It's strongly recommended that you seek legal counsel to navigate this process effectively. An attorney specializing in firearms law can guide you through the necessary steps and help you understand your options.
Importance of Accurate Information
Providing accurate and complete information during the NICS background check process is paramount. Inaccurate or incomplete information can lead to delays or denials, even if you are legally eligible to own a firearm. Double-checking all information before submitting the application is crucial.
Disclaimer
This information is for educational purposes only and should not be considered legal advice. Consult with a qualified attorney or the ATF for specific legal guidance regarding NICS background checks and firearms regulations. Laws regarding firearms ownership are complex and vary by state.
