The Ultimate Guide to Federal Firearms Appeals: NICS Denials, VAF, and Restoration Options
If you were recently denied the purchase of a firearm following a background check by the FBI’s National Instant Criminal Background Check System (NICS), you’re not alone. Each year, thousands of individuals are wrongfully denied or face significant delays when attempting to exercise their Second Amendment rights. The good news: if your denial was based on federal criteria, the National Security Law Firm (NSLF) can help you challenge that decision.
This blog provides an in-depth overview of federal firearm prohibitions, the difference between federal and state-level bans, the various remedies available (including restoration of rights, NICS appeals, and the Voluntary Appeal File), and how NSLF can guide you through the process.
How the NICS Background Check Works When you attempt to purchase a firearm from a licensed dealer (Federal Firearms Licensee, or FFL), your information is submitted to NICS. The FBI then checks your name and descriptive identifiers against federal and state criminal, mental health, and immigration databases.
You may receive one of three results:
- Proceed: You’re approved to purchase the firearm.
- Delayed: The FBI needs additional time to investigate your records.
- Denied: You are prohibited under federal law from owning or purchasing a firearm.
If you’re denied or delayed, you have rights—and options. But first, it’s critical to understand why you may have been flagged.
Federal Firearm Prohibitions: Who Is Barred from Gun Ownership? Under 18 U.S.C. § 922(g) and (n), the following categories of individuals are prohibited from receiving or possessing firearms under federal law:
- Felons: Convicted of any crime punishable by more than one year in prison (or more than two years for certain misdemeanors).
- Fugitives from justice.
- Unlawful users or addicts of controlled substances.
- Mentally defective or involuntarily committed individuals.
- Illegal aliens or certain nonimmigrant visa holders.
- Individuals dishonorably discharged from the military.
- Those who have renounced U.S. citizenship.
- Persons subject to qualifying protective orders.
- Domestic violence misdemeanants (including dating partners under recent updates).
- Indicted individuals for crimes punishable by more than one year.
It’s important to note that each of these categories has its own complexities and exceptions. For example, not all drug arrests or mental health records result in a federal prohibition—context and supporting documentation matter.
Federal vs. State Firearm Prohibitions: What’s the Difference? While NICS is a federal system, some firearm denials are based on state law prohibitions. For example:
- A state may prohibit gun ownership based on misdemeanors that don’t meet the federal threshold.
- States may impose firearm bans for protective orders that don’t qualify federally.
- Some states extend bans for individuals on probation, parole, or bond, even if federally eligible.
If your denial is due to a state-level prohibition, the appropriate course of action is often a state expungement, pardon, or rights restoration process. NSLF focuses specifically on federal-level prohibitions, but we can refer you to trusted attorneys in your state if needed.
How to Tell If You Were Denied Under Federal Law If you received a denial, the first step is to file a Firearm-Related Challenge through the FBI’s NICS Appeal System. Once submitted, the FBI will:
- Provide the reason for your denial;
- Allow you to submit corrective documentation;
- Give you a chance to challenge records that are inaccurate, incomplete, or misattributed.
You’ll need your NICS Transaction Number (NTN) or State Transaction Number (STN) to file. NSLF can assist you in filing the challenge, gathering supporting documents, and resolving record errors that may have caused the denial.
Three Paths to Resolving Federal Firearm Denials
1. Firearm-Related Challenge (NICS Appeal)
If you believe the denial was made in error—for example, the FBI misidentified you or an outdated record was used—you can challenge it directly.
We help with:
- Filing your NICS appeal
- Identifying and correcting inaccurate records
- Working with courts and law enforcement to obtain certified documents
- Communicating with the FBI to expedite resolution
When it works:
- Your record was mixed up with someone else’s
- A court record was never updated to show a charge was dismissed
- Your conviction was expunged, vacated, or downgraded but never reported
2. Voluntary Appeal File (VAF) and UPIN
If you’ve been delayed or denied multiple times due to mistaken identity or record confusion, you may be eligible for the Voluntary Appeal File (VAF). Once approved, you’ll receive a Unique Personal Identification Number (UPIN) that helps confirm your identity during future background checks.
We help with:
- VAF application assistance
- Fingerprinting and submission logistics
- Ensuring accuracy and consistency in records used by NICS
When it works:
- You have a common name
- You were denied or delayed due to a historical event (e.g., old arrest, sealed record)
- You previously won a challenge but still face repeated issues
3. Restoration of Firearm Rights (Federal Level)
If you’ve lost your federal firearm rights due to a felony or other disqualifying conviction, a little-known law—18 U.S.C. § 925(c)—may finally offer a path forward. For over three decades, this law sat dormant because Congress defunded the process. But in a major policy shift, the Department of Justice (DOJ) is now preparing to reopen this process under the supervision of the Attorney General.
What Is 18 U.S.C. § 925(c)?
It’s a federal law that lets prohibited individuals apply to have their gun rights restored. If granted, your rights are restored under federal law, even if you were previously banned for life. The process used to be handled by the ATF, but it was frozen due to budget restrictions since 1992. In 2025, the DOJ announced it will re-launch the program, pulling authority away from ATF and creating a new pathway.
Can You Apply Right Now?
Not quite yet. As of mid-2025, the DOJ is still finalizing the new rules and has not released the official application. However, now is the time to start preparing.
You should begin gathering:
- Certified copies of your conviction
- Proof of completed sentence
- Letters of recommendation
- Documentation of rehabilitation (e.g., volunteer work, counseling, stable employment)
Doing this early puts you ahead of the curve when the process goes live.
Who Might Qualify?
While DOJ will issue final criteria, strong candidates are likely to be individuals who:
- Have non-violent or older convictions (10+ years old)
- Have demonstrated consistent law-abiding behavior
- Have no recent arrests or charges
- Can show evidence of rehabilitation and good character
More serious or recent offenses may still be reviewed, but will likely require stronger evidence of reform.
Why Work With a Federal Firearm Restoration Lawyer?
Because the rules are evolving and the process will be competitive, it’s crucial to work with an attorney experienced in federal firearm rights. NSLF will help you:
- Evaluate your eligibility under current and emerging standards
- Compile persuasive evidence and documentation
- Monitor DOJ announcements for timing and updates
- Avoid errors that could delay or jeopardize your application
- Respond to DOJ requests for supplemental materials
Next Steps
Although you can’t file just yet, things are moving quickly. If you want to be among the first to apply once the DOJ opens the door, contact NSLF now. We’ll help you:
- Build your case in advance
- Strategically position your application for early review
To dive deeper into the legal background, visit our detailed guide: Federal Firearm Restoration Lawyers – Restoring Federal Firearm Rights
Effect of a State Expungement of a Criminal Record
A state expungement can lift the federal firearm prohibition in limited circumstances—but only if it meets specific federal criteria under 18 U.S.C. § 921(a)(20) and relevant case law. Here’s a detailed breakdown:
✅ When a State Expungement Does Lift the Federal Bar
Under 18 U.S.C. § 921(a)(20), a conviction that has been expunged, set aside, or for which a person has been pardoned or had civil rights restored is not considered a conviction for purposes of the federal gun ban, unless the expungement, set-aside, or restoration expressly prohibits firearm possession.
So, a state expungement may lift the federal bar if:
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The conviction has been fully expunged or set aside by the state;
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All civil rights (voting, jury service, public office, and firearm rights) are restored;
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The order does not expressly retain the firearm restriction;
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The expungement is not conditional or partial (e.g., only sealing the record).
❌ When a State Expungement Does Not Lift the Federal Bar
A state expungement will not remove the federal prohibition if:
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The expungement does not restore all civil rights, especially firearm rights;
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The order includes language that continues to restrict gun possession;
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It’s a record sealing, diversion, or deferred adjudication, not a true expungement;
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The underlying offense is classified as a disqualifying federal conviction regardless of state labeling (e.g., a “misdemeanor” that carries >2 years’ sentence under state law).
Relevant Case Law
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United States v. Cassidy, 899 F.2d 543 (6th Cir. 1990): Restoration of civil rights under state law removed the federal firearm disability.
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Logan v. United States, 552 U.S. 23 (2007): A conviction never resulting in a loss of civil rights does not qualify for restoration.
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United States v. Madigan, 631 F.2d 458 (7th Cir. 1980): Federal law, not state law, determines whether a conviction counts for federal purposes.
A state expungement may lift the federal bar only if it is recognized under federal law as fully restoring rights. The restoration must be substantive, complete, and not expressly exclude firearms.
If You Had a Mental Health Commitment Expunged Under State Law, Does It Lift the Federal Firearm Prohibition?
Short Answer: Not automatically. Whether a state-level expungement of a mental health commitment removes the federal firearm bar depends on whether the expungement qualifies as a “relief from disabilities” under 18 U.S.C. § 925(c) and how it’s interpreted under 18 U.S.C. § 922(g)(4).
🚫 Federal Law: 18 U.S.C. § 922(g)(4)
This statute prohibits firearm possession by anyone who:
“Has been adjudicated as a mental defective or who has been committed to a mental institution.”
This is a lifetime federal ban unless the person receives relief from disabilities as defined by federal law.
Can a State Expungement Remove the Federal Bar?
Only if the state has:
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A formal relief-from-disabilities process that is approved by the Attorney General under NICS improvement rules, and
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That process fully restores the individual’s rights and shows they are no longer a danger to themselves or others.
👉 Most state expungements alone do not qualify, because they:
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Are procedural (e.g., sealing or deleting the record), not substantive;
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Do not involve a mental health evaluation or formal determination of safety;
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Are not submitted into the NICS Relief from Disabilities database.
✅ When It Might Work:
You may be eligible for federal firearm rights restoration if:
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Your state has a certified NICS-compliant relief process (e.g., Pennsylvania, Virginia, Illinois);
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You successfully completed that relief process, which includes a finding that you are no longer prohibited;
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The state submits that information to the FBI NICS Indices as a reversal of the original prohibition.
✅ States That Do Meet Federal Standards for
These 33 states have programs approved under the NICS Improvement Amendments Act where completing the relief process fully restores firearm eligibility:
Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin
❌ States That Do Not Meet Federal Standards
States without certified relief programs generally include Montana, Alaska, Arkansas, Delaware, Hawaii, Maine, Minnesota, Nebraska, New Mexico, North Dakota, Rhode Island, Vermont, West Virginia—among others that haven’t implemented or received ATF certification .
In these states, even if you expunge or seal a mental‑health commitment, it does not remove your federal ban on firearms possession. That relief is only effective in the 33 certified states.
Frequently Asked Questions (FAQs)
Q: Will a state expungement restore my federal gun rights? A: It depends. As discussed above, a state expungement may remove the federal bar only if it fully restores your civil rights, including firearm rights, and does not expressly prohibit gun ownership. However, many state expungements—especially those that only seal records or restore limited rights—do not lift the federal prohibition. NSLF evaluates each case to determine if a state remedy qualifies under federal law.
Q: Can I challenge a NICS “delay” instead of a “denial”? A: No. You may only file a formal challenge if your background check resulted in a denial. If your transaction was delayed, the FBI has up to three business days to make a determination. If no decision is made by then, the FFL may legally transfer the firearm, depending on state law. Repeated delays may be addressed through the Voluntary Appeal File (VAF) process.
Q: What if someone else’s record caused my denial? A: Mistaken identity is common—especially for individuals with similar names or demographics. If you were denied due to someone else’s criminal record being linked to your name, a NICS challenge can correct the error. You may also apply for a UPIN through the VAF to prevent future mix-ups.
Q: Can I apply for both a NICS challenge and the Voluntary Appeal File at the same time? A: Yes. In fact, the FBI encourages this if you’ve been wrongfully denied and want to avoid future issues. NSLF can help you coordinate both processes efficiently.
Q: What if I was convicted of a felony, but later had the conviction reduced? A: If your felony was later downgraded to a misdemeanor—or vacated, pardoned, or expunged—you may no longer be prohibited under federal law. However, the federal government makes its own determination and does not automatically recognize all state actions. NSLF can analyze your record and advise on next steps.
- We’re not just any law firm—we’re federal law specialists. Our attorneys include former federal prosecutors, security clearance lawyers, and national security litigators.
- We’ve seen it all. We’ve helped military members, federal employees, and civilians with complicated records successfully regain or protect their firearm rights.
- We act fast and thoroughly. NICS delays and denials can cause serious inconvenience. We know the system and know how to move quickly.
Whether you’ve been denied once or face ongoing delays, our team will take command of your case with the precision and experience you deserve.
Let NSLF Help You Today If you’ve been wrongfully denied a firearm or believe your rights were stripped unfairly under federal law, don’t go it alone.
✅ We help clients nationwide.
✅ We focus on federal-level firearm prohibitions.
✅ We offer clear, flat-rate pricing and legal financing options.
Book your free consultation today: https://www.nationalsecuritylawfirm.com/book-consult-now/
The National Security Law Firm: It’s Our Turn to Fight for You.
Additional Firearms Challenge/Restoration Blogs from NSLF
START HERE: WHAT TO DO IF YOU’VE BEEN DENIED A GUN
- Denied by NICS? Here’s What to Do Next
- What Does “Delayed” Mean on a Background Check—and Can I Still Get the Gun?
- Denied for the Wrong Reason? How to Challenge a NICS Denial and Win
- Tired of Constant Delays? How the Voluntary Appeal File (VAF) and UPIN Can Help
- Denied Multiple Times? VAF vs. Appeal vs. Restoration—What’s Right for You
HOW THE BACKGROUND CHECK SYSTEM REALLY WORKS
- How the FBI’s Gun Background Check System (NICS) Works—And How It Gets It Wrong
- Common Reasons for NICS Denials or Delays—and How to Fix Them
- How Long Does It Take to Fix a NICS Denial? What to Expect in the Appeal Process
- Was Your Denial a Case of Mistaken Identity? Here’s What You Can Do
- Can I Challenge a NICS Delay? What Are My Rights If They Don’t Decide in 3 Days?
GETTING YOUR RIGHTS BACK IN 2025 AND BEYOND
- BREAKING: DOJ Issues New Guidance on Federal Firearm Rights Restoration Under 18 U.S.C. § 925(c)
- Ready to Restore Your Federal Gun Rights? Here’s What You Need to Know in 2025
- Federal Firearm Rights Restoration Is Back: DOJ Revives § 925(c) Process After 30-Year Freeze
- Can I Get My Gun Rights Back? Understanding the DOJ’s New 925(c) Program
- How to Prepare Now to Restore Your Federal Gun Rights Once DOJ Reopens Applications
- What to Include in a Strong 925(c) Petition: Proof of Rehabilitation, References & More
- Can You Restore Federal Gun Rights After a Felony Conviction? Yes—Here’s How