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Prospective firearms buyers who receive a \u201cDenied\u201d status on their background checks may have a state or federal firearm prohibition. The denied individual may choose to pursue a challenge and/or apply to the Voluntary Appeal File.
The FBI's 2019 NICS Operations Report shows that 27% of denial appeals were overturned. There were 103,592 total federal denials in 2019, and 19,278 appeals filed.
A deny message from the NICS indicates the subject of a background check has been matched with a similar name and/or similar descriptive information of a record containing a state law prohibition or any of the following federally prohibitive criteria.
How Long Does it Take? The process can take anywhere from 2 to 12 months, depending on whether you have already successfully appealed a wrongful firearm delay or denial through NICS. Much of the delay is due to the extremely high volume of appeal and VAF requests that NICS is currently processing.
If you receive a written denial from ATF, you may either file a request for reconsideration with the ATF Office of Chief Counsel Litigation Division or you may file suit in an appropriate U.S. District Court. Either option must be exercised no later than six months after the date of mailing of the written denial.
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However, if a firearm background check results in a Denied response, this means one of two things: Youre a prohibited person, for one of the aforementioned reasons; or youve been falsely identified as one. If youre not a prohibited person, and your ATF Form 4473 has been denied, you have an option available.
The appeal shall be taken by filing a petition for review on appeal with the Director within 15 days of the service of an administrative law judges decision or an order.
Appeals Process If upon receiving a denial letter from ATF you believe that you are not prohibited from possessing explosives (due to reasons such as identity theft, the dismissal of criminal charges, or other reasons), you may appeal your denial by supplying a written statement, new fingerprint cards, and any
Denied Status: A denied status means that the FBI has uncovered something in their background check that classifies you as a prohibited person, or someone who is unable to lawfully possess a firearm or an NFA item like a suppressor. It can also be triggered by some of the same criteria that causes a delayed status.
Prospective firearms buyers who receive a Denied status on their background checks may have a state or federal firearm prohibition. The denied individual may choose to pursue a challenge and/or apply to the Voluntary Appeal File.

firearms denial appeal