"Why Denied Gun Purchase: Top Reasons & What To Do"

If you've recently applied to purchase a firearm and found yourself denied, you might be wondering why. The process of purchasing a gun in the United States is governed by federal and state laws, and there are several reasons why a purchase might be denied. In this article, we'll delve into the most common reasons why you might be denied a gun purchase, helping you understand the process and your rights.

Understanding the Background Check Process

The first step in purchasing a firearm is undergoing a background check. This is conducted through the National Instant Criminal Background Check System (NICS), which is managed by the FBI. The check is designed to identify individuals who are prohibited by law from owning or possessing a firearm. It's important to note that the NICS check only looks for disqualifying factors, not for reasons why someone might not be a responsible gun owner.

Reasons for Denial: Federal Disqualifiers

There are several federal laws that prohibit certain individuals from purchasing or possessing firearms. These include:

• Criminal History: If you have been convicted of a felony, or a misdemeanor crime of domestic violence, you are prohibited from purchasing a firearm.
• Mental Health Issues: If you have been adjudicated mentally defective or committed to a mental institution, you are prohibited from purchasing a firearm.
• Substance Abuse: If you are an unlawful user of, or addicted to, any controlled substance, you are prohibited from purchasing a firearm.
• Dishonorable Discharge: If you have been discharged from the armed forces under dishonorable conditions, you are prohibited from purchasing a firearm.
• Restraining Orders: If you are subject to a restraining order for harassing, stalking, or threatening an intimate partner or child of such partner, you are prohibited from purchasing a firearm.

State-Specific Disqualifiers

In addition to federal laws, states also have their own laws regarding firearm purchases. These can include:

• Conviction of a misdemeanor crime of domestic violence, even if it doesn't involve a sentence of more than two years.
• Being subject to a restraining order for harassing, stalking, or threatening someone.
• Being convicted of a misdemeanor involving the use or threat of physical force or the unlawful use of force, where the conviction was within the past five years.

Delayed Denials and Appeals

If your background check is delayed, it doesn't necessarily mean you'll be denied. The NICS check has three possible outcomes: proceed, deny, or delay. If your check results in a delay, the FBI has 3 business days to complete the check. If they can't complete it within that time, they will deny the transfer. However, you have the right to appeal a denial.

What to Do If You're Denied

If you're denied a gun purchase, you'll receive a written denial notice from the FBI. This notice will explain the reason for the denial and your right to appeal. If you believe the denial was in error, you can appeal by submitting a form to the FBI's Chief, Criminal Justice Information Services Division. You can also seek legal advice to help you navigate the appeals process.

Preventing Future Denials

If you've been denied a gun purchase, there are steps you can take to potentially prevent future denials. These can include:

• Seeking treatment for mental health or substance abuse issues.
• Seeking a pardon or expungement for a criminal conviction.
• Waiting for a certain period of time to pass, as some states have waiting periods for firearm purchases.

Remember, the right to own a firearm is a fundamental right, but it's also a responsibility. Understanding the laws surrounding firearm purchases and the reasons for denial can help you exercise your rights responsibly. If you have any questions or concerns about a denied gun purchase, it's always a good idea to consult with a legal professional.