If you’ve recently been denied or delayed while trying to purchase a firearm, you’re not alone. The FBI’s National Instant Criminal Background Check System (NICS) processes millions of background checks each year—and thousands of those result in errors, unnecessary delays, or outright wrongful denials.

At National Security Law Firm (NSLF), we help clients across the country resolve NICS issues, challenge denials, correct records, and restore their gun rights. Here are some of the most common reasons people get flagged—and what you can do to fix the problem.

1. Mistaken Identity

One of the most frequent reasons for a delay or denial is simple: you share a name or identifying details with someone who is prohibited from owning a firearm.

Example: A client named John D. Smith was consistently delayed because someone with the same name and birth year had a felony conviction in another state.

Fix: File a NICS challenge or apply for the Voluntary Appeal File (VAF) and get a Unique Personal Identification Number (UPIN) to distinguish your record from others.

2. Outdated or Incomplete Court Records

If you had a case dismissed, expunged, or downgraded, but the final result was never properly reported to the FBI, NICS may still think you’re disqualified.

Example: A woman had her felony drug charge reduced to a misdemeanor, but the federal database still showed the original charge.

Fix: Obtain certified court documents proving the outcome and submit them through a NICS challenge. NSLF handles this process for you from start to finish.

3. Old Mental Health Commitments

If you were involuntarily committed to a mental institution at any point in your life, NICS may still show you as federally prohibited—even if you’ve since recovered or received relief at the state level.

Fix: Submit documentation of your recovery or court-ordered relief through a NICS challenge or VAF. If your state has a recognized relief-from-disabilities program, we can help prove you’re no longer prohibited.

4. Drug Use or Misdemeanor Drug Convictions

The federal gun ban applies to people who are unlawful users or addicts of controlled substances under 18 U.S.C. § 922(g)(3). Even without a conviction, recent drug-related arrests or documented use can result in a denial.

Fix: If the record is outdated, incorrect, or misclassified, it may be challengeable. NSLF reviews your history to determine if your record qualifies for appeal or if you’re eligible for restoration.

5. Domestic Violence Convictions or Protective Orders

Even a misdemeanor conviction involving domestic violence—or an active restraining order—can disqualify you from firearm ownership under federal law.

Example: A man convicted of simple assault during a domestic dispute was federally prohibited because the case met the domestic violence definition under 18 U.S.C. § 922(g)(9).

Fix: We evaluate whether the underlying case qualifies as a federal bar and if it can be challenged or expunged under state law. In some cases, rights may be restored at the federal level through § 925(c).

6. Dishonorable Military Discharge

If you were separated from the military with a dishonorable discharge, you are federally prohibited from owning firearms.

Fix: NSLF can help determine if your discharge status is correctly reported, and in some cases, pursue a discharge upgrade or prepare for federal restoration once the DOJ reopens the 18 U.S.C. § 925(c) program.

7. Immigration Status Issues

Noncitizens without lawful status, certain visa holders, and those who overstayed visas may be denied under 18 U.S.C. § 922(g)(5).

Fix: We assist clients in confirming their immigration status with DHS and submitting corrective documentation. In some cases, once status is resolved, a VAF/UPIN may prevent future issues.

8. Incorrect Classification of an Offense

Some misdemeanors are mistakenly reported as felonies. Some non-domestic charges are coded as domestic violence. These errors are more common than you think.

Fix: We analyze the statute and court records to prove the offense doesn’t actually qualify under federal law, then submit a written challenge to NICS.

Next Steps: Don’t Try to Fix This Alone

The NICS system is large, complex, and slow-moving. Getting results takes strategy, persistence, and precise documentation.

At NSLF, we:

  • Investigate the cause of your denial or delay

  • File NICS challenges, VAF/UPIN applications, or restoration petitions

  • Communicate with courts, agencies, and the FBI on your behalf

If your rights have been unfairly restricted, we’ll fight to restore them.

Learn More in Our NICS Resource Hub

👉 Denied by NICS? Here’s How NSLF Can Help You Challenge Federal Firearm Prohibitions

📅 Schedule a free consultation today: https://www.nationalsecuritylawfirm.com/book-consult-now/

The National Security Law Firm: It’s Our Turn to Fight for You.