Every time you try to buy a gun from a federally licensed dealer (FFL), your name goes through the FBI’s National Instant Criminal Background Check System (NICS). In theory, the system is designed to be instant, accurate, and fair. In reality, it’s anything but.
At National Security Law Firm (NSLF), we represent people who have been delayed, denied, or wrongly flagged by NICS. In many cases, these individuals are eligible to own firearms under federal law but are unfairly blocked by flawed data, misidentification, or outdated records. Here’s how the system works—and how it gets it wrong.
How the NICS Background Check Works
When you fill out ATF Form 4473 at a gun shop, the dealer enters your information (name, DOB, ID number, etc.) into the NICS portal. That triggers a background check using three databases:
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NCIC (National Crime Information Center) – active warrants, restraining orders, protection orders
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III (Interstate Identification Index) – state criminal history records
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NICS Indices – mental health commitments, immigration status, dishonorable discharges, etc.
The system uses name-based matching and descriptive features (DOB, gender, SSN if provided) to identify records tied to you.
Results:
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Proceed – The transaction is cleared.
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Delayed – More investigation is needed.
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Denied – The system believes you’re federally prohibited.
Who Maintains the Records?
The FBI doesn’t generate the data—it depends on state and federal agencies to upload accurate and timely information. This includes:
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Local police departments
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State courts and clerks
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Mental health institutions
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Military records
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Immigration data from DHS
If these sources submit incomplete, inaccurate, or untimely updates, NICS reflects bad data—and you suffer the consequences.
5 Ways NICS Gets It Wrong
1. Mistaken Identity
You share a name or birthdate with someone who is prohibited from owning firearms. The system assumes you’re the same person until proven otherwise.
2. Old Charges Never Updated
Your case was dismissed, downgraded, or expunged—but the record was never updated in the system. So NICS still shows a disqualifying offense.
3. State Relief Not Reported
Your rights were restored in your state (via expungement or pardon), but NICS doesn’t reflect that because the state never reported it properly.
4. Mental Health Flags Still Active
You were committed years ago but have since recovered and received a court order or state relief. But the mental health record remains in the NICS Indices.
5. Immigration or Military Records Incomplete
You may have resolved a visa issue or upgraded your military discharge, but the underlying NICS entry wasn’t corrected.
How to Fix a Wrongful Denial or Delay
If you were denied, the first step is to file a Firearm-Related Challenge with the FBI.
We help clients:
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Request the official reason for denial
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Submit certified documents correcting the record
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Demand correction or deletion of outdated/inaccurate entries
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Navigate delays, mental health flags, or record confusion
If you’re constantly delayed, we may help you file a Voluntary Appeal File (VAF) application and obtain a Unique Personal Identification Number (UPIN) to speed up future purchases.
And if you are actually prohibited, we evaluate whether you qualify for federal firearm rights restoration under 18 U.S.C. § 925(c).
Learn More: Resource Hub
To learn more about firearm-related denials, delays, and your options under federal law, visit our comprehensive guide: 👉 Denied by NICS? Here’s How NSLF Can Help You Challenge Federal Firearm Prohibitions
Don’t Let a Broken System Take Away Your Rights
NICS is powerful, but flawed. If you’ve been wrongly denied or delayed, you do have recourse. NSLF has helped countless clients fix background check issues, file successful appeals, and restore their rights.
📅 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.
