Denied by NICS?

I’m sure you know what NICS is as my clients are rather well informed. 

Oddly enough, you can be granted a permit but NICS can still give you a deny message when you go to the gun store.  A deny message from the NICS indicates that either you or another person with a similar name and/or similar descriptive features has been matched with either federally prohibitive criteria or state law.

You will probably be denied if you are or have you 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 punishable by a term of imprisonment of more than two years?
  • Under indictment or information for a crime punishable by imprisonment for a term exceeding one year?
  • A fugitive from justice (the subject of an active criminal warrant)?
  • An unlawful user of or addicted to any controlled substance?
  • Adjudicated as a mental defective or involuntarily committed to a mental institution?
  • An illegal or unlawful alien; or a nonimmigrant who fails to meet certain exceptions to possess a firearm?
  • Discharged from the Armed Forces under dishonorable conditions?
  • A renouncer of U.S. citizenship?
  • Subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?
  • Convicted in any court of a misdemeanor crime of domestic violence?

There are a number of issues that come up.  One of them is identity theft.  Luckily, I am one of the few attorneys that I know that handle identity theft.  I can also handle an expungement if that is necessary.  If you have been denied by NICS, give me a call.

Posted on October 18, 2009, in My Practice and tagged , . Bookmark the permalink. 1 Comment.

  1. Ok. I receive clearance from my township police department with 2 charges from VA about 19 years ago which came up demissed. But NICS saw the same 2 charges from VA but it came up convicted which is true but I was issued a license to purchase and a permit. I spoke with the nj NICS division and they confirmed this. But this is telling me that I can purchase a shotgun but not a handgun.


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