Understanding the federal firearm purchasing process, NICS background checks, and what you need to know before buying a firearm.
Step-by-step guide to purchasing a firearm from an FFL
Research and select the firearm that meets your needs. Consider purpose (self-defense, hunting, sport), caliber, size, and features.
All firearm purchases from dealers must go through a Federal Firearms Licensee (FFL). Find one near you or at the gun show.
Fill out the Firearms Transaction Record form. This federal form collects your personal information and asks eligibility questions.
Learn More About Form 4473 →The dealer calls the FBI's NICS to conduct a background check. This typically takes a few minutes but can take longer.
You'll receive one of three responses: Proceed (approved), Denied, or Delayed. The dealer cannot transfer the firearm without a "Proceed" response.
Once approved, complete payment and take possession of your firearm. Keep your Form 4473 for your records.
Private sales between individuals (not involving a dealer) are not required to go through a background check under federal law. This is often called the "gun show loophole" because many gun shows feature private sellers.
Understanding the National Instant Criminal Background Check System
The National Instant Criminal Background Check System (NICS) is operated by the FBI to determine whether a prospective buyer is eligible to purchase firearms. Under the Brady Handgun Violence Prevention Act, federally licensed dealers must contact NICS before completing any firearm sale.
NICS checks three main databases: the FBI's Interstate Identification Index (III), the NICS Index, and the Denied Persons File.
The sale may proceed. The buyer has passed the background check and is not a prohibited person.
The check requires more research. The dealer may not transfer the firearm until a "Proceed" is received, but must wait no more than 3 business days before making a determination. If not decided after 3 days, dealer may transfer at their discretion.
The sale cannot proceed. The buyer is prohibited from purchasing firearms. The buyer has the right to appeal the decision.
NICS searches three main databases to determine eligibility:
Federal records of prohibited persons submitted by various agencies.
State criminal history records and wanted persons files.
Records of individuals previously denied firearm purchases.
Note: NICS does not have complete records of all prohibiting factors. State and local records may not be fully updated. This is why accurate completion of Form 4473 is critical.
Some states require additional background checks beyond NICS:
For appeals and questions:
FBI Criminal Justice Information Services Division
(304) 625-2000
Who cannot legally purchase or possess firearms
Under 18 U.S.C. § 922(d) and § 922(g), certain persons are prohibited from purchasing, receiving, or possessing firearms or ammunition. These prohibitions apply federally and in most cases override state law.
Being a "prohibited person" applies to both purchasing new firearms AND possessing existing firearms. State laws may add additional prohibitions beyond federal law.
In some cases, firearms rights can be restored:
Important: Even if state law restores your rights, federal law may still prohibit firearms possession. Consult an attorney before attempting to purchase.
Purchasing a firearm while prohibited is a federal crime, punishable by up to 10 years imprisonment and $250,000 fine.
Know the law. If in doubt, consult an attorney.
States may add additional prohibitions beyond federal law:
What to do if your background check is denied
If you receive a denial, don't panic. Many denials are due to administrative errors, incomplete records, or similar names. Here's what to do:
The dealer is required to provide you with a copy of the denial notice, which includes a reason code.
Common codes include: erroneous information, wrong identity, or actual prohibition. The code tells you what to research.
Request your criminal history from states where you've lived. Errors in records are common reasons for denials.
If you believe the denial is incorrect, you have the right to appeal through the FBI's NICS Appeals Section.
You have the right to contest a NICS denial. Here's how to appeal:
Full NICS Appeals Guide →If you have a common name or believe you may be incorrectly delayed in the future, you can proactively submit your information to the FBI's Voluntary Appeal File.
Common questions about purchasing and background checks
Most NICS checks are completed in minutes. If delayed, the FBI has up to 3 business days to make a determination. If no decision is made after 3 days, the dealer may legally transfer the firearm at their discretion.
Generally no. Felony convictions prohibit firearm possession under federal law. However, rights can sometimes be restored through pardon, expungement, or court order. You must have your rights restored before purchasing. Consult an attorney if you're unsure.
Yes, background checks are valid only for the specific transaction. Each purchase requires a new check. Some states have "multiple purchase" limits (e.g., one handgun per month), but these are separate from the background check itself.
At the federal level, unlawful drug users (including marijuana users) are prohibited from purchasing firearms, regardless of state law. Having a medical marijuana card may trigger a denial. However, some states have passed laws that conflict with this federal prohibition. Consult an attorney before purchasing.
The dealer keeps your Form 4473 for 20 years (or indefinitely if involved in an investigation). You should receive a copy for your records. The information is not retained by NICS after the check is complete.
Yes, you can purchase online, but the firearm must be shipped to a licensed dealer in your state. You will complete the Form 4473 and background check at that dealer's location before taking possession. The dealer will charge a transfer fee for this service.
Understanding the purchasing process helps ensure a smooth transaction. Know your state's specific requirements.