Buying a firearm is a significant decision with legal ramifications. Understanding the process, particularly what occurs when a background check fails, is crucial. This guide outlines the potential scenarios, your rights, and the next steps to take if your purchase is denied.
The Background Check Process: A Quick Overview
Before you can legally purchase a firearm from a licensed dealer (FFL), you must undergo a National Instant Criminal Background Check System (NICS) check. This involves providing personal information, including your name, date of birth, and address, to the dealer, who then submits this information to the FBI. The NICS system then cross-references this information with various databases to determine your eligibility to own a firearm.
Reasons for a Failed Background Check
Several reasons can lead to a denied purchase. These include but aren't limited to:
- Felony conviction: A history of felony convictions often disqualifies individuals from firearm ownership. The specifics vary by state and the nature of the felony.
- Domestic violence misdemeanor conviction: A conviction for a misdemeanor domestic violence offense can also prevent you from purchasing a firearm.
- Certain mental health adjudications: Individuals adjudicated as mentally deficient or committed to a mental institution may be prohibited.
- Dishonorable discharge from the armed forces: A dishonorable discharge can impact your eligibility.
- Illegal drug use or addiction: A history of illegal drug use or addiction can result in denial.
- Renunciation of US citizenship: Renouncing your US citizenship can affect your ability to own firearms.
- Fugitive from justice: Being a fugitive from justice will likely result in denial.
- Protective orders: Subject to specific conditions, the existence of a protective order against you can lead to denial.
What Happens After a Failed Background Check?
When your background check is denied, the FFL dealer will inform you. You will not receive your firearm. You will likely receive a reason code explaining the denial. However, this is not always detailed and may require further investigation.
Crucially, you have the right to appeal. The process for appealing a denied background check varies depending on the state and the reason for denial, so it's imperative to consult with a legal professional specializing in firearms law.
Appealing a Denied Background Check: A Complex Process
Appealing a denial requires careful navigation of legal procedures. You'll need to gather evidence to support your appeal, which might include:
- Court records: If the denial is due to a past conviction, you'll need documentation demonstrating that you've completed any required sentencing and are no longer subject to those restrictions. This might include official court documents showing the completion of probation or parole, or evidence of a pardon or expungement.
- Medical records: If the denial is based on mental health concerns, you may need medical records to demonstrate your current mental fitness to handle firearms responsibly.
- Military records: If the denial is related to your military service, you'll need to provide appropriate documentation.
Seeking Legal Counsel: Your Best Course of Action
Navigating the complexities of firearm laws and appealing a denied background check can be daunting. It’s strongly recommended that you consult with a qualified attorney specializing in firearms law. They can help you understand the reason for the denial, guide you through the appeal process, and represent your interests effectively.
Prevention is Key: Understanding Your Rights Beforehand
The best way to avoid a failed background check is to understand your rights and the legal requirements before attempting to purchase a firearm. If you are unsure about your eligibility, consult with an attorney before proceeding.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. The laws regarding firearm ownership vary by state and are subject to change. Always consult with a legal professional for advice specific to your situation.
