Resources Regarding Firearm Transfer Delays/Denials:

• National Instant Criminal Background Check System (NICS)
• NICS Guide for Appealing a Firearm Transfer Denial
• FBI - CJIS Division - FBI Identification Record Request
• FBI/NICS Voluntary Appeal File (VAF) System

Summary: If you fill out the paperwork to buy a firearm from a licensed dealer, and you get a 'Delayed' or 'Denied' response back, there are remedies available.  What that means is that there is a record in the FBI's system that seems to prohibit you from purchasing weapons.  Yes, it is frustrating and unconstitutional (since there is no Constitutional warrant for the Federal Government to regulate firearms ownership at all), but it is not happening because some 'man behind the curtain' is making an arbitrary decision about you.  They are following protocols and reacting to a (possibly incorrect) record in their files.  This page attempts to explain the process of finding out what that record is, and contesting it, if applicable. This table explains a bit about NICS Delays This table explains how to appeal a 'denied' response to a firearm transfer If you do encounter repeated delays or denials, this table explains how to request the records causing it If you are unable to resolve the issue another way, this table explains how to create a Voluntary Appeal File with the FBI- if you are not prohibited from owning weapons, this will prevent future delays

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National Instant Criminal Background Check System  (source info) For more information- read the FBI National Instant Criminal Background Check System Brochure (view as PDF) The following is an explanation of a delay response and the answers to some of the most frequently asked questions. A delay response from the NICS Section indicates that either you or another individual with a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth) has been matched with either state prohibitive criteria or one or more of the following federally prohibitive criteria: Convicted of/under indictment for a crime punishable by imprisonment for a term exceeding one year, whether or not sentence was imposed. This includes misdemeanor offenses with a potential term of imprisonment in excess of two years, whether or not sentence was imposed. Persons who are fugitives from 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. Judged as mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including final dispositions to criminal charges of "found not guilty by reason of insanity" or found incompetent to stand trial”. An alien illegally/unlawfully in the United States or a non-immigrant who does not qualify for the exceptions under Title 18, United States Code (U.S.C.), Section 922 (y). For example: not having possession of a valid hunting license. Dishonorable Discharge from the United States Armed Forces. Renounce citizenship of the United States. The subject of a protective order issued after a hearing of which the accused 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. (This is to say no hearing has been held yet - only the allegations made). Persons convicted of the misdemeanor crime of domestic violence or persons convicted in any court of a misdemeanor crime which has an element for the use or attempted use of physical force or threatening use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by aperson 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. When a delay response is received, this indicates that information you supplied on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473, has been matched with information contained in the National Crime Information Center, the Interstate Identification Index, and/or the NICS Index. Complete information is not always available and a further review of these records is necessary. The NICS exhausts all efforts to retrieve current record information by contacting law enforcement agencies, i.e., local, state, federal, courts, etc. The Brady Handgun Violence Prevention Act of 1993 allows three business days to obtain this information prior to the transfer of the firearm. The Federal Firearms Licensee (FFL) is not prohibited from transferring the firearm after three business days have passed; however, the FFL is not required to transfer the firearm. Delay Response On: Dealer Can Legally Transfer Under Federal Law On: Monday Friday Tuesday Saturday Wednesday Tuesday Thursday Wednesday Friday Thursday Saturday Thursday Sunday Thursday é Back to top of page

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NICS Guide for Appealing a Firearm Transfer Denial  (view as a PDF file) Your Rights and Responsibilities   YOU WILL NEED YOUR NTN TO DO THIS!  This MUST be provided by the FFL (Gun dealer) If they balk at giving this to you (out of ignorance), insist that they call the NICS Customer Service line at 1-877-444-NICS (6427) to be assured that this is proper procedure.  They should have a Delay/Denial brochure available there for you, and there is a space on the front where they are supposed to write your NTN number.  Get this immediately- you can appeal a delay or denial.  (However, a delay is harder to appeal, because if it changes to an 'approve' response, they delete the record in 24 hours, before you have a chance to appeal it)   If you have been denied a firearm transfer because of a record in the National Instant Criminal Background Check System (NICS), you may submit a request to appeal your denial decision. The provisions for appeals are outlined by the NICS Regulations at Title 28, Code of Federal Regulations, Part 25.10, and Subsection 103 (f) and (g) and Section 104 of the Brady Handgun Violence Prevention Act. REQUESTING THE REASON FOR YOUR DENIAL You may request the reason for your denial by writing to: Federal Bureau of Investigation NICS Section Appeal Services Team, Module A-1 Post Office Box 4278 Clarksburg, WV 26302-9922 You must include your complete mailing address in the request. You may also submit your request by facsimile or by e-mail. (See reverse side for the NICS facsimile number and e-mail address.)   You must include your NICS Transaction Number (NTN) with your written request. The NTN can be obtained from the FFL.   The NICS Appeal Services Team (AST) cannot initiate an appeal for you at the request of another individual without your written and signed authorization.   You may submit your fingerprints, which must be rolled by a law enforcement agency, with your initial written correspondence. The submission of fingerprints with your appeal request may hasten the appeal process for you.   The NICS AST will respond to your written request by providing the reason for your denial within five business days after receiving your correspondence.    APPEALING YOUR DENIAL The following information outlines the steps you must  take to either challenge your record or make a claim that the record used as the basis for your denial  pertains to someone other than you. Questions of Identity In cases involving criminal history records, if fingerprints are not submitted with your appeal request, you may be required to submit your fingerprints to establish positive proof of your identity. If your fingerprints are required by the NICS Section and you wish to further the appeal process, you must have your fingerprints rolled by a local law enforcement agency. The law enforcement agency rolling your fingerprints must stamp its agency name, address and telephone number on the fingerprint card and the reason fingerprinted must be marked “For NICS Purposes.” Record Challenges You may challenge the accuracy of the record used in the evaluation of your denial or declare that your rights to obtain a firearm have been restored, etc. If you have any additional information (e.g., court documentation) that may assist the NICS AST in correcting or updating the record, you should attach the information to your written correspondence. The NICS AST will evaluate your information and provide you with its decision on your appeal in writing. If the NICS AST is unable to resolve your appeal, you will be provided information to contact the agency that created the record. For correction of the record, you must follow procedures established by the state or federal agency that maintains the original record. The FBI, as custodian of arrest information that has been submitted voluntarily by local, state and/or federal law enforcement agencies, does not have the authority to change such records unless notified to do so by an authorized criminal justice agency. You may submit any information to the originating agency that would assist with the correcting and/or updating of your record. (This may also hasten the appeal process for you.) SUCCESSFUL APPEAL     If your appeal is successful, you will be notified by the NICS AST that your denial has been overturned and that you are eligible to receive a firearm. You will be issued documentation which must be presented to the FFL who initiated your background check. In the Alternative If you continue to experience transaction denials or lengthy delays as a result of subsequent firearm background checks, you may be eligible for entry into the NICS Section’s Voluntary Appeal File (VAF). The entry of your voluntarily-provided descriptive information with your (required) fingerprints plus any other supporting documentation may help to prevent future NICS background check denials or lengthy delays. For more information pertaining to the VAF and eligibility requirements, etc., you may contact the NICS Customer Service (number provided on the reverse of this brochure). What Prohibits an Individual From the Transfer or Possession of a Firearm? A deny message from the NICS indicates that either you or another individual with a similar name and/or similar descriptive features has been matched with either federally prohibitive criteria or state law.  Federal criteria is outline in the table at the top of this page.  NOTE: The NICS must deny firearm transfers based on applicable state law as well.   NICS Section Information: NICS Appeal Facsimile 1-304-625-0535 Telecommunications Device for the Deaf (TDD) 1-877-NICS-TTY NICS Web Site www.fbi.gov/hq/cjisd/nics/index.htm NICS E-mail Address a_nics@leo.gov NICS Appeals E-Mail Address nicsappeals@leo.gov NICS Customer Service 1-877-444-NICS (6427) é Back to top of page

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FBI - CJIS Division - FBI Identification Record Request  (source info) (view as PDF) Note: this is different than requesting a reason for a delay or denial- this is for requesting your FBI 'Rap Sheet.' Introduction An FBI Identification Record, often referred to as a Criminal History Record or Rap Sheet, is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service. If the fingerprints are related to an arrest, the Identification Record includes name of the agency that submitted the fingerprints to the FBI, the date of arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. All arrest data included in an Identification Record is obtained from fingerprint submissions, disposition reports and other reports submitted by agencies having criminal justice responsibilities. The United States Department of Justice Order 556-73 establishes rules and regulations for the subject of an FBI Identification Record to obtain a copy of his or her own Record for review. The FBI’s Criminal Justice Information Services (CJIS) Division processes these requests. Reasons for Request An individual may request a copy of his or her own FBI Identification Record for personal review or to challenge information on the Record. Other reasons an individual may request a copy of his or her own Identification Record may include international adoption or to satisfy a requirement to live or work in a foreign country (i.e., police certificate, letter of good conduct, criminal history background, etc.) Can I request my own record for an employment background check? If you are requesting a background check for employment or licensing within the United States, you may be required by state statute or federal law to submit your request through your state identification bureau, requesting federal agency or other authorized channeling agency. You should contact the agency requiring the background check or the appropriate state identification bureau (or state police) for the correct procedures to follow for obtaining an FBI fingerprint background check for employment or licensing purposes. Who May Request a Copy of Record (or Proof that a Record Does Not Exist) Only the subject of the identification record can request a copy of his own FBI Identification Record. How to Request a Copy of Record     1. Complete cover letter. If for a couple, family, etc., all persons must sign cover letter Include your complete mailing address If you have a deadline (e.g., an immigration deadline), please include the deadline in your cover letter and on the outside of the envelope.     2. Obtain proof of identity, which consists of a set of your fingerprints          (original card, no copies), with your name, date of birth and place of          birth. Fingerprints should be placed on a standard fingerprint form (FD-258)          commonly used for applicant or law enforcement purposes. Include rolled impressions of all ten fingerprints and impressions of all ten fingerprints taken simultaneously (these are sometimes referred to as plain or flat impressions.) If possible have your fingerprints taken by a fingerprinting technician  (this service may be available at a Law Enforcement Agency.) Previously processed fingerprint cards will not be accepted.     3. Include $ 18 - U.S. dollars in the form of a money order, certified check         made payable to the Treasury of the United States, or you may pay by         credit card Be sure to sign where required No personal checks or cash Must be exact amount If for a couple, family, etc., include $18 for each person If paying by credit card you must include the completed credit card payment form Credit cards will not be used for expedited mail services     4. Mail the items #1, #2, #3 (listed above) to the following address:            FBI CJIS Division – Record Request          1000 Custer Hollow Road          Clarksburg, West Virginia 26306 Please Note: If any of the above items are missing or incomplete, the request will be returned. Allow approximately 3-4 weeks for processing, upon receipt to the FBI. What You Will Receive     1. No Record Response – Consists of the original fingerprint card         stamped with the stamp “No Record.” Or     2. FBI Identification Record How to Challenge Your Record Since the FBI's CJIS Division is not the source of the data appearing on Identification Records, and obtains all data thereon from fingerprint submissions or related identification forms submitted to the FBI by local, state and federal agencies, the responsibility for authentication and correction of such data rests upon the contributing agencies.  Therefore, the rules set forth for changing, correcting or updating such data requires that the subject of an Identification Record make application to the original contributing agency (e.g., police department, county court, etc.). An individual may challenge the information contained in the FBI Identification Record by contacting the original agency that submitted the information to the FBI or the state central repository in the state in which the arrest occurred. These agencies will be able to furnish the guidelines for correction of the Record. The FBI is not authorized to modify the Record without written notification from the appropriate criminal justice agency. Note: if you are unable to contact the agency that is providing the disqualifying information, you can petition the FBI CJIS Division to "Contest the record on your behalf."  Use the contact information on this page or in the linked brochures to begin that process.  They will want a letter outlining what attempts you have made, and you will need to formally request that they contest the record for you. FAQs about record requests: 1. What is the processing time? Approximately 3-4 weeks for processing, upon receipt to the FBI. 2. Do you have procedures for expeditious handling? The CJIS Division does not expedite requests. However, if you have a deadline, include the deadline in your written request and on the outside of the envelope. The CJIS Division will try to work within the deadline if possible. 3. Can the FBI send the results to someone (or agency) other than myself? Under the Departmental Order 556-73, the results must go back to the requestor. 4. Does the FBI *apostille? (*An apostille is a document that has been "legalized" or "authenticated" by the issuing agency. This is a process in which various seals are placed on the document.) No, the FBI does not apostille. If an apostille is requested, the CJIS Division will provide a letter stating that this service is not provided. 5. What if my fingerprints are continuously rejected? Have multiple sets of fingerprints taken, preferably by a fingerprinting technician (this service may be available at a Law Enforcement Agency). Mail all fingerprint forms to the CJIS Division with your request. 6. Where can I get my fingerprints taken? Your local, county or state law enforcement agencies may take your fingerprints for a fee. Also, some printing services offer this service (check the yellow pages in your telephone book). 7. Can I use the fingerprint card I download from the CJIS website? Yes, the CJIS Division will accept the downloaded paper fingerprint card only for the purpose of requesting a FBI Identification Record for personal review. Although, if you go to a law enforcement agency or private fingerprinting agency to be fingerprinted they may prefer to use a fingerprint card on standard card stock. You may use the fingerprint card provided by the printing agency.   The Privacy Act of 1974 restricts the dissemination of specific information to you via the telephone. Under the provisions of Title 28, U.S.C., Sections 16.30 through 16.34, you can obtain a copy (for a fee) of any identification record the FBI may maintain on you by contacting the following unit at the address and telephone number provided: Federal Bureau of Investigation Criminal Justice Information Services Division Attention: Special Correspondence Unit, Module D-2 1000 Custer Hollow Road Clarksburg, WV 26306 Telephone Number: (304)625-3878 é Back to top of page

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FBI/NICS Voluntary Appeal File (VAF) System NOTE: This is different than appealing a delay or denial.  This is information about how to set up a file with the FBI to prevent future delays or denials. If you need further help with this, use the same contact numbers listed in the table directly above this one. BRADY ACT REQUIREMENTS In November 1993, the Brady Handgun Violence Prevention Act of 1993 (Brady Act), Public Law 103-159, was signed into law requiring Federal Firearms Licensees (FFLs) to request background checks on individuals attempting to purchase a firearm. The permanent provisions of the Brady Act, which went into effect on November 30, 1998, required the Attorney General to establish the National Instant Criminal Background Check System (NICS) that any FFL may contact by telephone or by other electronic means for immediate information on whether receipt of a firearm by a prospective transferee would violate Section 922 (g) or (n) of Title 18, United States Code, or state law. The NICS is a national name check system that queries available records in the National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS Index to determine if prospective purchasers are disqualified from receiving firearms. The FBI developed the NICS through a cooperative effort with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and local and state law enforcement agencies. The NICS is designed to respond to background inquiries to provide FFLs with an immediate response as to whether the transfer of a firearm can proceed or if more research must be completed to make a determination if the transfer of a firearm would violate state or federal law. VOLUNTARY APPEAL FILE A final rule was published by the Department of Justice in The Federal Register, outlining the following changes. Per Title 28, Code of Federal Regulations, Part 25.9(b)(1),(2), and (3), the FBI NICS Section must destroy all identifying information on allowed transactions prior to the start of the next FBI NICS operational day. If a potential purchaser is delayed or denied a firearm and successfully appeals the decision, the FBI NICS Section cannot retain a record of the overturned appeal. If the record is not able to be updated, the purchaser continues to be denied or delayed, and if that individual appeals the decision, the documentation must be resubmitted on every subsequent purchase. For this reason, the Voluntary Appeal File (VAF) has been established. This process permits applicants to request that the FBI NICS maintain information about themselves in the VAF to prevent future denials or extended delays of a firearm transfer. APPLICATION PROCESS Under this new process, potential purchasers will have the option to supply the FBI NICS Section with information such as name, date of birth, social security number, and any other identifying numbers using the VAF application included in this brochure to request to be entered into the file. The individual’s signature under the applicant’s statement is required to give the FBI NICS Section permission to retain the information in this file. Documents that may clarify records or prove identity (e.g., fingerprint cards, court records, pardons, etc.) will be entered in the VAF along with the descriptive information from the application. Fingerprint impressions are required and must be prepared by a law enforcement agency that must stamp the agency name, address, and telephone number on the fingerprint card. This application, a set of rolled fingerprints, the reason the person believes they should be entered into the VAF and any supporting documentation should be sent to the following address:   Federal Bureau of Investigation National Instant Criminal Background Check System Voluntary Appeal File Team Post Office Box 4278 Clarksburg, WV 26302-9922 After reviewing the application, fingerprint cards and validating the materials submitted by the Applicant, the FBI NICS Section will enter successful applicants into the VAF. The applicant will be notified by mail if their application qualifies for entry into the VAF. Entry into the VAF will not automatically result in a proceed response on subsequent purchases. A complete NICS check is still required and will result in a denial if additional prohibitive information is discovered. The FBI NICS Section is required to destroy any records submitted to the VAF upon written request of the individual. Additionally, if the FBI NICS Section discovers a disqualifying record on the individual after their entry into the VAF, the FBI NICS Section may remove the individual’s information from the file. Click here to view and print a VAF Application (to mail in with your fingerprint card and any supporting documents) é Back to top of page