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.