What Happens If You Fail a Gun Background Check? (The Ultimate Guide)
What Happens If You Fail a Gun Background Check?
The thought of failing a gun background check can be terrifying for anyone who is interested in purchasing a firearm. After all, a failed background check can mean that you will be unable to buy a gun, even if you have no criminal history or other reason to believe that you would be a danger to yourself or others.
But what exactly happens if you fail a gun background check? And what can you do if you find yourself in this situation?
In this article, we will discuss the ins and outs of gun background checks, what happens if you fail one, and what you can do if you find yourself in this situation.
We will also provide some tips on how to avoid failing a gun background check in the first place.
| What Happens If You Fail A Gun Background Check? | State | Penalty |
|---|---|---|
| Denied the sale of a gun | All states | May not be able to purchase a gun for a period of time, or permanently |
| Be placed on a federal list | Federal law | May not be able to purchase a gun for a period of time, or permanently |
| Face criminal charges | Some states | Depends on the state’s laws |
What is a Gun Background Check?
A gun background check is a process that is used to determine whether or not a person is legally allowed to purchase a firearm. The background check is conducted by the National Instant Criminal Background Check System (NICS), which is a database of records maintained by the Federal Bureau of Investigation (FBI).
The NICS background check system is designed to prevent people who are prohibited from owning firearms from purchasing them. The prohibited persons include:
- Felons
- Domestic abusers
- People who have been convicted of a drug-related crime
- People who are mentally ill
- People who are under indictment for a crime
- People who are fugitives from justice
- People who are in the United States illegally
The background check process typically takes a few minutes. The seller of the firearm will provide the buyer’s information to the NICS, and the NICS will then run a background check on the buyer. If the buyer is not prohibited from owning a firearm, the NICS will approve the sale. If the buyer is prohibited from owning a firearm, the NICS will deny the sale.
How is a Gun Background Check Conducted?
The gun background check process is conducted in two phases. The first phase is a preliminary check, which is conducted by the seller of the firearm. The seller will ask the buyer to provide their name, address, and date of birth. The seller will then use this information to run a preliminary background check on the buyer. The preliminary background check will check to see if the buyer is listed in the NICS database as a prohibited person.
If the buyer is not listed in the NICS database as a prohibited person, the seller will proceed with the sale. If the buyer is listed in the NICS database as a prohibited person, the seller will not be able to complete the sale.
The second phase of the background check is a National Instant Criminal Background Check (NICS) check. The NICS check is conducted by the FBI. The FBI will run a more comprehensive background check on the buyer. The NICS check will check to see if the buyer has any criminal convictions, any pending criminal charges, any outstanding warrants, or any mental health issues.
The NICS check will also check to see if the buyer is a member of a terrorist organization or a foreign terrorist organization.
The NICS check typically takes a few minutes. If the buyer is approved by the NICS, the sale can be completed. If the buyer is denied by the NICS, the sale cannot be completed.
What Happens If You Fail a Gun Background Check?
If you fail a gun background check, you will not be able to purchase a firearm. The seller of the firearm will not be able to complete the sale.
If you are denied a gun because of a disqualifying criminal conviction, you may be able to have your rights restored after a certain amount of time has passed. The amount of time that you must wait will depend on the nature of your conviction.
If you are denied a gun because of a mental health issue, you may be able to get a waiver from the NICS. The waiver process is complex and can take several months.
If you are denied a gun because you are a member of a terrorist organization or a foreign terrorist organization, you will not be able to get a waiver.
The gun background check system is designed to prevent people who are prohibited from owning firearms from purchasing them. The system is not perfect, but it does help to keep guns out of the hands of dangerous people.
If you are considering purchasing a firearm, it is important to be aware of the gun background check process. You should also be aware of the disqualifying factors that could prevent you from purchasing a firearm.
What Happens if You Fail a Gun Background Check?
If you fail a gun background check, you will not be able to purchase a firearm from a licensed dealer. The dealer will notify the National Instant Criminal Background Check System (NICS), and your name will be added to the federal database of prohibited persons. This means that you will be ineligible to purchase a firearm from any federally licensed dealer, even if you try to buy a gun from a different state.
In addition to being unable to purchase a firearm, there are other consequences of failing a gun background check. You may be denied a security clearance for a job, or you may be prohibited from entering certain countries. You may also be subject to criminal prosecution.
The specific consequences of failing a gun background check will vary depending on the circumstances of your case. If you are convicted of a felony, you will be prohibited from possessing a firearm for the rest of your life. If you are convicted of a misdemeanor domestic violence offense, you will be prohibited from possessing a firearm for five years. If you are adjudicated as a mental defective, you will be prohibited from possessing a firearm indefinitely.
If you are not sure whether you are prohibited from possessing a firearm, you can contact the National Rifle Association (NRA) or the National Shooting Sports Foundation (NSSF). These organizations can provide you with information about the federal gun laws and how they apply to your situation.
What Can You Do if You Fail a Gun Background Check?
If you fail a gun background check, there are a few things you can do. First, you can try to find out why you failed the check. You can do this by contacting the FBI or the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). They will be able to tell you which law or regulation you violated and what you need to do to correct the problem.
Once you know why you failed the background check, you can take steps to correct the problem. For example, if you were denied a gun because you have a criminal record, you can try to get your record expunged or sealed. If you were denied a gun because you have a mental illness, you can get treatment and get a letter from your doctor stating that you are fit to possess a firearm.
If you are unable to correct the problem, you may be able to appeal the decision to the ATF. The ATF will review your case and make a decision on whether to overturn the denial.
If you are still unable to obtain a gun, you may want to consider other options, such as getting a hunting license or joining a shooting club. These options will allow you to participate in shooting sports without owning a gun yourself.
Failing a gun background check can have serious consequences. It can prevent you from purchasing a firearm, getting a security clearance, or entering certain countries. It can also lead to criminal prosecution. If you are concerned that you may fail a gun background check, you should contact an attorney or a firearms law specialist. They can help you understand the law and your rights.
What Happens If You Fail A Gun Background Check?
- You will not be able to purchase a firearm from a licensed dealer.
- You may be subject to further investigation by the Federal Bureau of Investigation (FBI).
- You may be denied a concealed carry permit or other firearm-related licenses.
- You may be prohibited from owning a firearm for a period of time, or permanently.
- You may be charged with a crime, such as making a false statement on a federal firearms form.
What Can I Do If I Fail a Gun Background Check?
- Contact the FBI and ask for more information about why you were denied.
- Consult with an attorney to discuss your legal rights and options.
- Consider appealing the denial of your gun purchase.
- Be patient and persistent. The process of clearing a gun background check can take time.
How Can I Avoid Failing a Gun Background Check?
- Be honest on your gun purchase application.
- Provide all of the required information, including your full name, address, and date of birth.
- If you have any criminal convictions or other disqualifying factors, be prepared to explain them.
- If you are not sure whether you are eligible to purchase a firearm, contact the FBI or a firearms dealer before you attempt to buy a gun.
Additional Resources
- [Federal Bureau of Investigation: Gun Background Checks](https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics)
- [National Rifle Association: Gun Laws and Regulations](https://www.nra.org/articles/gun-laws-and-regulations)
- [The Law Center to Prevent Gun Violence: Gun Laws](https://www.gunviolenceprevention.org/policy/gun-laws)
failing a gun background check can have serious consequences. You may be denied the ability to purchase a firearm, and you may also be subject to criminal prosecution. If you are convicted of lying on a background check form, you could face up to 10 years in prison and a $250,000 fine. Additionally, you may be prohibited from possessing firearms for a period of up to 10 years.
It is important to understand the consequences of failing a gun background check before you attempt to purchase a firearm. If you have any questions about the background check process, you should contact the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).