What fails a NICS check?
Asked by: Allie Ruecker | Last update: August 6, 2025Score: 4.2/5 (43 votes)
Felony Convictions: As we mentioned, having a felony conviction on your record is the most common NICS denial reason. This includes any criminal conviction for a crime punishable by 1-year imprisonment or longer (even if you did not serve a year in prison).
What will make you fail a NICS background check?
Felony Convictions – Any felony conviction at any point will cause you to fail a gun background check, no matter when it occurred. Felonies do not expire when it comes to firearms prohibitions.
Why was I denied by NICS?
The most common reasons for a NICS denial, hands down, are criminal convictions. While not all – or even most – criminal convictions result in the loss of gun rights, NICS takes the position that if the disposition isn't listed then the crime must be a felony or other prohibitive conviction and denies the sale.
What would cause a NICS delay?
One of the most common reasons for delay is incomplete applications. Missing or incorrect information can cause the system to flag the application for further review. Therefore, it's crucial to provide the name, address, and social security number accurately.
What records does NICS check?
The NICS staff performs a background check on the buyer. That background check verifies the buyer does not have a criminal record or isn't otherwise ineligible to purchase or own a firearm. Since launching in 1998, more than 300 million checks have been done, leading to more than 1.5 million denials.
Insights on NICS Background Checks - What You Need to Know from a Cop's Perspective
What does NICS actually check?
Finally, there's the NICS Indices, which include records contributed by federal, state and local agencies specifically flagging individuals prohibited from buying a gun. The NICS Indices hold records that wouldn't necessarily show up in the other two solely criminal databases.
What disqualifies you from owning a gun in the US?
Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors or if they are subject to certain court orders related to domestic violence or a serious mental condition.
How many NICS checks are denied?
The FBI conducted NICS checks for 12.8 million applications for firearm transfers and permits in 2020 and denied about 185,000 (1.5%) of those applications (table 2). In comparison, the FBI conducted NICS checks for 8.2 million applications in 2019 and denied about 106,000 (1.3%).
How far back does a NICS check go?
As far back as any reporting agency has records relevant to NICS, which for most people is as long as you have been alive and a U.S. resident, at least in relation to your legal residency or citizenship status.
Why would a background check be delayed?
The cause of the delays with these background checks is a change in California state laws. Last year a Ca. Court of Appeal ruling lead to the removal of date of birth and driver's license information from public records.
How do I know if I can pass a firearm background check?
Contact NICS call centers for a background check. The FBI conducts these checks. Contact NICS through a designated state point of contact for handgun transfers and through the NICS Section phone number for long-gun transfers. Conduct NICS checks online through NICS E-check.
Can I do a NICS check on myself?
Once your enrollment form is processed, you can run background checks over the phone. To run a NICS check over the phone, call 877-324-6427 and select option 1. To register for the NICS E-Check to complete online background check, our fastest and easiest option: Select Register to Use the FBI NICS E-Check.
What is the NICS Denial Act?
Section 1011 of the Act included the “NICS Denial Notification Act of 2022.” The Act requires the Attorney General to report background check denials to state authorities and will require the FBI CJIS Division's NICS Section to notify state, local, or tribal law enforcement of all FBI NICS denied transactions within 24 ...
Can I find out why I was denied for a gun purchase?
If a transferee receives a “denied” response from NICS, can the transferee find out why they were denied? Yes. Although the licensee will not know the reason for the denial, the transferee may contact the FBI NICS section or the state point of contact in writing to request the reason for denial.
How will I know if I fail a background check?
If the potential employer decides not to hire you based on the results from the background check, they must provide you with a notice of "adverse action" and a copy of the background report, along with a summary of your rights under the FCRA.
Can I contact NICS about delay?
The NICS Section cannot release the reason for deny over the phone. The National Instant Criminal Background Check System (NICS) is a descriptor-based name search. If you are experiencing an extended delay, you may submit a request to appeal the delay decision.
What makes you fail a gun background check?
The federally prohibiting criteria are as follows: 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.
What happens after NICS denial?
Note: If denied, your name will be included in a file accessible to law enforcement. A deny message from the NICS indicates either you or another individual with a similar name and/or similar descriptive features has been matched with either federally prohibitive criteria (listed below) or state prohibitive criteria.
What states use NICS background check?
Thirteen states are full point-of-contact states, in which the FFLs contact the state for all firearm background checks. States with this option include Hawaii, California, Utah, Nevada, Colorado, Oregon, Illinois, Tennessee, Florida, Virginia, Pennsylvania, Connecticut, and New Jersey.
What shows up on a NICS?
The NICS Indices contains information provided by local, state, tribal, and federal agencies regarding persons prohibited from receiving firearms, which may not be found in the Interstate Identification Index (III) or the National Crime Information Center (NCIC).
What disqualifies you from owning a gun in Arizona?
Convicted of a felony, or adjudicated delinquent for a felony, and whose State civil right to possess or carry a gun or firearm has not been restored by separate order of the court. 3. Serving a term of imprisonment in any correctional or detention facility.
How many people are prosecuted for lying on 4473?
In 2019 on 27 million 4473s filed there were 478 people were reported to federal prosecutors for lying on the form. Of those 298 were actually prosecuted.
What does the ATF look for in a background check?
Background checks for gun purchases
A prospective buyer fills out ATF Form 4473 and the federally licensed firearms dealers relays this information to the NICS. NICS staff perform a background check to verify the prospective buyer does not have a criminal record and is not otherwise ineligible to purchase a firearm.
What is the gun show loophole?
The term "gun show loophole" primarily refers to "a situation in which many sellers dealing in firearms offer them for sale at gun shows without becoming licensed or subjecting purchasers to background checks".
What state has the toughest gun laws?
Leading states for gun law strength in the U.S. 2025
California led the way in gun safety in the United States as of January 2025, with a composite score of 90.5 based on the presence of 50 key gun safety policies.