What to do if your NICS background check is denied. Understand your rights and the appeals process.
Don't panic - you have options
Many denials are due to administrative errors, incomplete records, or people with similar names. You have the right to know why and the right to appeal.
Important: Do not attempt to purchase from another dealer while your denial is being appealed. This could be treated as a separate violation.
The dealer is legally required to provide you with a copy of the denial notice, which includes a reason code explaining why the denial occurred.
Common codes include E01 (erroneous information), E02 (wrong identity), or other specific prohibiting factors. The code tells you what to research.
Request your criminal history from every state where you've lived. Errors in records are common reasons for denials. Visit our resources page for state-by-state criminal history requests.
If you believe the denial was incorrect, you have the right to appeal through the FBI's NICS Appeals Section.
The official FBI NICS appeals process
If you believe your denial was incorrect, you can appeal directly to the FBI's NICS Appeals Section. By law, the FBI must respond within 60 days.
Call the FBI's NICS Section at (304) 625-2000
FBI Criminal Justice Information Services Division
Attention: NICS Appeals
1000 Custer Hollow Road
Clarksburg, WV 26306
Submit appeal through the FBI's official NICS Appeals website
If you have a common name, have been delayed before, or believe you may face future delays, you can proactively submit your information to the FBI's Voluntary Appeal File (VAF).
Once approved for the VAF, your future NICS checks will be expedited because your identity has already been verified.
While waiting for your appeal, check your criminal records in all states where you've lived. Errors in records are a common cause of incorrect denials.
If you're unsure about the appeals process or believe you have a complex case, consider consulting a firearms law attorney.
Find Legal Resources →By federal law, the FBI must respond to NICS appeals within 60 days. In practice, many appeals are resolved faster, especially if the issue is quickly resolved. Complex cases may take longer.
No. If you attempt to purchase from another dealer while your denial is being appealed, this could be treated as a separate denial or potential violation. Wait for your appeal to be resolved before attempting another purchase.
If the FBI upholds the denial, you have limited options. You may need to address the underlying issue (such as clearing up court records) or consult an attorney about other legal avenues. In some cases, state-specific relief may be available.
Request your criminal history from every state where you've lived. Most states have online portals for record requests. Some states charge a fee. Check our resources page for state-by-state criminal history request information.
The VAF is a proactive program where you submit your information to the FBI for pre-verification. Once approved, your future NICS checks are expedited. This is useful if you have a common name, have been delayed before, or want to avoid future delays.