Frequently Asked Questions about the FBI - NICS Firearm Denial Appeals Service

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What are my chances of success?

We cannot say without researching your background and criminal history or lack thereof. We can do a preliminary evaluation for a small fee. If you wish to go forward, we will apply the fee to the total cost.

Do you have a money back guarantee?

We are unable to offer a money back guarantee and also offer such a low flat-rate price at the same time because the process involves a substantial amount of preparation and research.

Do you have payment plans?

We can create a payment plan that meets your needs. We typically spread payments into equal monthly amounts.

I am being delayed the purchase of a firearm. Can I appeal my delayed purchase?

No, you cannot appeal to NICS until you are denied. However, we can appeal once you are denied. If you have been delayed more than two weeks, the delay should be considered an appealable denial. We can also examine your record in order to determine the cause of your delay and provide you possible options to resolve the issue in order to prevent delays in the future.

What is a NTN or STN?

A NTN or STN is a unique number assigned to each background check conducted by NICS or State firearm bureau. The number is required in order to appeal your firearm denial and should have been provided to you by the entity that initiated your background check (the firearm dealer).

What if my firearm background check went through a state agency and not NICS?

You may still appeal and challenge the accuracy of your firearm denial through NICS. However, if you prefer to appeal through the state agency, we can represent you for your appeal in California, Florida, Illinois, Nevada, New Jersey, North Carolina, Pennsylvania, Utah, Washington, and Oregon.

How long does an appeal take?

Typically, the process can take anywhere from 6 to 12 months. NICS typically provides a general reason for the denial within five business days. How long an erroneous denial will take to overturn will vary based on the circumstances of each case. Much of the delay is due to the extremely high volume of appeal requests that NICS is currently processing. However, having a licensed attorney to quickly identity and resolve your problem can make the process go faster and not cause you unnecessary delays.

Can the appeal be done faster?

NICS operates on a first-come, first-served basis, so the sooner you start the sooner your appeal will be processed. Having a licensed attorney who is familiar with the law and process will make the process go as quickly as possible. How do I know what is going on with my case? We have an online tracking system that is just for your appeal. You will have a user name and password for the account and will have the information specific to the appeal. Whenever anything happens in your appeal we post the information in your online account so that you can view the status of the appeal and the progress that is made. If there is no post on your online account then that means that there is no update in the appeal. For example, once we update your online account to reflect that we have filed documents with NICS, we will update the notes when we hear a response from the Appeals Unit. Because of the extremely high volume of appeal requests that NICS is currently processing, responses from the Appeal Services Team can take several weeks to a few months. If a response is taking longer than usual for NICS, we will call to obtain a status of the appeal and update your online notes. Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

Do I have to go to court or attend a hearing?

No. There are no hearings or court proceedings for this process. We will do all the necessary work and submit all the necessary documents for you.

Do I have to submit my fingerprints?

Submitting your fingerprints is not always required, but fingerprint submission is usually the best way to find out what appears on your record. You may also have to submit your fingerprints if you have been misidentified or a potentially prohibitive record has been incorrectly attributed to you.

Do I need an attorney or can I do this myself?

You will have an attorney to make sure (1) your appeal is done right the first time so are not denied or cost you months of delay, (2) that your record is being accurately reflected, and (3) explain/argue complex legal issues to the NICS Appeal Services Team. We can also explain what your options are after a failed appeal.

Who is a “prohibited person” or category of person that is denied the purchase/transfer of a firearm?

Each state and the federal government have their own laws and restrictions regarding who may or may not possess a firearm. Therefore, the answer depends on where you live. However, these are the individuals restricted under federal law:

• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
• Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
• An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
• A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
• A person who, being an alien, is illegally or unlawfully in the United States.
• A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
• A person dishonorably discharged from the United States Armed Forces.
• A person who has renounced his/her United States citizenship.
• The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
• A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
• A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.
  See 18 U.C.S. 921 & 922(g)

What if I don’t know exactly what is on my record?

An appeal of your firearm denial will reveal what appears on your record and the reason for your denial. We can also be hired to research your background for a small fee that can be applied to the total cost of any service you have us perform.

Do I have a conviction on my record if I pled no contest rather than guilty to a criminal offense?

Yes, a plea of no contest is still considered a conviction.

What if I now live in a different state than where my disqualifying criminal conviction occurred?

If your criminal conviction falls under a federal prohibition, you will not be able to legally purchase/possess a firearm no matter which state you move to. Your new state will have its own laws regarding who may or may not possess a firearm. Since each state has different laws, we must evaluate the individual laws of your new state to determine whether you are eligible to possess a firearm. If you would like us to evaluate your case and determine if you can legally possess/purchase a firearm, then we can do so for a small fee. If you sign up for a service we offer the fee will be applied to the total.

What happens after I win my appeal and my denial is overturned?

NICS will notify us that you are eligible to purchase or redeem a firearm. You will be issued documentation, which you must present to the firearm dealer who originally initiated your background check. If more than 30 days have passed since the initial check, the firearm dealer must recheck NICS before allowing the sale to continue.

What if my appeal is denied?

If the appeal is denied, we evaluate the reason for the denial and make a recommendation on how best to proceed. That can include a recommendation to file suit against the responsible State or government subdivision responsible for providing erroneous information or responsible for denying your firearm transfer. If your denial appears to be appropriate under the law, we can help you explore any firearm rights restoration processes available to you.

I already had my conviction sealed or expunged. Why am I still being denied a firearm purchase?

Not all forms of record clearing relief restore your state or federal firearm rights. Other possibilities are that the record used by NICS that caused your denial may be outdated, inaccurate, or has been interpreted incorrectly by NICS.

If my appeal is successful, will this allow me to carry a concealed weapon or obtain a permit to do so?

No. The NICS appeal process is for the purchase or transfer of weapons only. The law in regards to carrying concealed weapons varies by state and an NICS appeal will not entitle you to carry a concealed weapon or obtain a concealed carry weapons permit. If you’re interested in obtaining a concealed carry weapons permit, we can be hired to help you determine your eligibility and clear any applicable records that would cause your application to be denied.

I have already appealed my firearm purchase denial and have a prohibitive criminal conviction. What can I do?

We will be glad to work with you to examine your record and review what can be done to restore your rights. We charge a researching and analysis fee to do this and we can apply that to the cost of any service that you hire us to perform. Call (877) 573-7273 now to get started