FBI NICS Firearm Denial Appeal Attorney
Anyone seeking to purchase a firearm from a gun dealer must "pass" a background check before the sale may be completed. Unfortunately, the authorization process is not foolproof, needless delays and false denials occur.
If there is no "hit" in the FBI National Instant Criminal Background Check System (NICS) then the sale is approved. But a NICS database "hit" will result in a delay or denial. Appeals Attorney William Driscoll can identify the reason(s) for your firearm delay or denial and help "clear your name."
An erroneous FBI NICS database result can result from outdated or incomplete information. NICS delays and denials can also result when the database miss-associates you with a State or federally prohibited person.
You will continue to experience delays or denials until FBI corrects the problem. The FBI processes NICS appeals on a first-come, first-served basis. The sooner you begin your appeal the sooner your appeal will be processed. But the FBI is currently experiencing a long backlog of appeals. Call NICS Appeals Attorney William Driscoll (978-846-5184) today to get start the appeals process now.
Attorney Driscoll will request that you forward the following to initiate representation.
- ☆ The original, executed attorney representation agreement with payment of the stated retainer amount.
- ☆ The original, executed FBI NICS Attorney Release form.
- ☆ A copy of your driver's license.
- ☆ A copy of your gun license, if any.
- ☆ A copy of your Social Security card.
- ☆ A copy of your immigration identification card (e.g., green card), if you are not a U.S. citizen.
- ☆ A copy of the NICS Transaction Number (NTN) or State Transaction Number (STN) supplied by the Federal Firearms Licensee (i.e., gun dealer) for the transaction you seek to appeal. If there are multiple NTNs or STNs then list all. A printout of each transaction history obtained from the Federal Firearm Licensee (i.e., gun dealer) is preferred.
- ☆ The state in which the NTN or STN originated (i.e., the address of the gun store).
- ☆ A completed fingerprint card rolled by any local law enforcement agency with a legible signature of the person rolling the fingerprints and the agency name or Originating Agency Identifier.
- ☆ Your full name including first, middle, last and any cadence.
- ☆ Your complete postal mailing address.
- ☆ Your telephone number.
- ☆ Your email address.
Once the FBI provides the outcome of the NICS appeal then Appeals Attorney William Driscoll can offer a plan for action. For example:
- ☆If you are miss-associated with a prohibited person then he can seek the entry of a persistent NICS voluntary appeal file (VAF) to prevent erroneous "hits" for delay and denial.
- ☆If there is outdated or incomplete information in the NICS database then he can seek correction.
- ☆If the NICS database is correct and you are a State or federally prohibited person then he can provide options that might remove disqualifying criteria from the NICS database. For example, if a Massachusetts conviction is the cause then you might be able to challenge that conviction and hopefully eliminate the impediment.
A federal prohibition would exist for any person who:
- ☆ Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
- ☆ Is a fugitive from justice;
- ☆ Is an unlawful user of or addicted to any controlled substance;
- ☆ Has been adjudicated as a mental defective or committed to a mental institution;
- ☆ Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa;
- ☆ Has been discharged from the Armed Forces under dishonorable conditions;
- ☆ Having been a citizen of the United States, has renounced U.S. citizenship;
- ☆ Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner;
- ☆ Has been convicted in any court of a misdemeanor crime of domestic violence; or,
- ☆ Is under indictment for a crime punishable by imprisonment for a term exceeding one year.
In addition to federally prohibitive criteria, the NICS must delay or deny firearm transfers based on applicable state law.