Firearms rights issues can crop up anywhere, even after being granted a permit to carry or a permit to purchase. That was the problem one of our recent clients ran into when he was denied on a NICS background check while attempting to purchase a firearm at a retailer. Despite having a valid permit to carry granted by the local sheriff, the retailer said that NICS had denied his background check during his purchase attempt.
NICS stands for the National Instant Criminal Background Check System. NICS is operated by the FBI and is the system that is used to conduct background checks when a person is attempting to purchase a firearm from a retailer. During the purchase process, customers are required to complete ATF Form 4473. This form collects personal information on the purchaser. Information is then submitted to NICS and a decision is made before you can complete the purchase of the firearm from the retailer. If NICS denies a purchase, a person has the right to learn the reason for that denial.
In a recent case, NICS had decided to deny our client’s purchase attempt due to a dated conviction from another state. The client was baffled due to his valid permit to carry, but this is really just another example of how different agencies may come to different conclusions about a person’s firearms status. After assessing the situation, our office disagreed with the FBI’s conclusion. While we considered a federal lawsuit, we decided the more cost effective route was to take action in State court in the county our client resided in. We ultimately secured an order from the district court judge that was honored by NICS and they updated their database accordingly.
If you are facing a NICS denial, permit denial or any other firearms rights issues, call The Law Office of John J. Leunig at 952-540-6800 discuss your options.