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The National Instant Criminal Background Check System (NICS) is an FBI database used in background checks as part of a firearm purchase.
If you received a NICS denial, there are actions you can take. At Findley & Rogers, our gun rights and NICS appeal lawyers can walk you through how to appeal a firearm denial, get to the bottom of your rejection, and file a Washington State NICS appeal.
Faulty NICS Firearm Purchase Denials
Frequently, NICS denials happen for faulty reasons, such as incorrect information or outdated records. In these cases, the NICS appeal lawyers at Findley & Rogers can help you file a NICS appeal in Washington State to restore your rights and make it possible for you to pass a background check.
Restoring Firearm Rights
There are also legitimate reasons for a NICS denial, such as having lost your firearm rights as part of a prior conviction. There are some instances where our clients never even knew they were ineligible to purchase a firearm.
If you lost your firearm rights as part of a prior conviction or for any other reason, there’s good news: firearm rights restoration in Washington state is possible! In Washington state, the law essentially requires firearm rights to be restored as long as you meet the eligibility requirements.
At Findley & Rogers, our NICS appeal lawyers can help you appeal your NICS denial and guide you through the process of having your gun rights restored. We can then take you through the NICS appeal process in Washington State.
Protect Your Gun Rights With Findley & Rogers
The NICS appeal lawyers at Findley & Rogers can help you get back your gun rights. Depending on your specific problem, our Washington State firearm denial lawyers will work with the FBI to correct any NICS errors. In the case that you need your firearm rights restored, we’ll work with a Washington state court to make a strong case for restoring your rights.
Contact us today to get back your gun rights or begin a NICS appeal in Washington state.
NICS Appeals FAQ
NICS stands for “National Instant Criminal Background Check System.” It is a federal database system created in response to the “Brady Bill,” aka the Brady Handgun Violence Prevention Act of 1993, which was passed after an assassination attempt on President Ronald Reagan.
The Brady Bill directs the FBI to take additional steps to prevent gun sales to people who are prohibited from possessing a firearm. In response, the FBI created NICS. Washington State requires a NICS background check on anyone who wants to buy a gun from a licensed seller. Most people never worry about NICS unless their background check gets a status of “Delayed” or “Denied.”
That’s when a NICS appeal lawyer goes to work.
If your NICS background check comes back as “Delayed,” it means the FBI needs to do more investigation than usual to complete the check. This process may:
- Conclude successfully with the background check being passed.
- Result in a “Denied” status.
- Expire, in which case you have to start the NICS background check over again.
If you’ve gotten caught in a “Delayed” dead end, you can have a NICS appeal lawyer submit an appeal of the delay.
If you get a NICS Washington State firearm denial, i.e., a “Denied” status, it means the FBI concluded that you are not eligible to possess a firearm, and you will be unable to proceed with buying a gun or getting your Washington concealed pistol license.
A Findley & Rogers NICS appeal lawyer can help you submit your appeal with a much higher chance of success by making sure all the paperwork is correct and ensuring that all the proper steps are taken.
A NICS appeal, also called a NICS Challenge, iis when you contest the FBI’s “Delayed” or “Denied” status on your background check. Your NICS appeal lawyer can submit the appeal to any of several possible points of contact in the state and federal government.
The FBI will then investigate the appeal. In general, there are two grounds on which to appeal a NICS Washington State firearm denial or delay:
- The NICS database has incorrect information: This happens due to clerical errors, misreporting, out-of-date data, or any number of other reasons. Often, incorrect information will result in a Delayed or Denied status that isn’t warranted.
- The NICS database is mistaking you for a different person: It is not uncommon for NICS to mix people up, due to identical/similar names or other reasons. If NICS mixes you up with someone who is ineligible to possess a firearm, this can cause an incorrect Delayed or Denied status.
For a NICS appeal to succeed, there must be something wrong with the FBI’s Delayed or Denied finding. If you appeal a lawful and correct Washington State firearm denial by NICS, the appeal will fail.
If the NICS finding is incorrect or faulty, then, with the help of a Findley & Rogers NICS appeal lawyer to guide you through all the bureaucratic red tape, you stand a good chance of succeeding in your appeal and clearing your NICS background check successfully.