NICS Appeal Process Becoming Available for NFA Transactions

Posted on by Dillon Harris, Esq.

In a rare instance of good news coming from the federal government, the ATF announced yesterday via a press release, that the ATF and FBI have “formalized” a process for individuals who have been the subject of a Denied NICS check during the processing of an NFA application. Importantly, this is not a direct appeal of the disapproved NFA application and those who are successful in the the NICS appeal process with FBI, will need to submit a new NFA application after the appeal resolves in their favor.

When a NICS background check for the purchase of a firearm is denied, individuals have the right to appeal the denial using their NICS Transaction Number (NTN). Through that process, the FBI will provide the basis for the denial, and the applicant then has the opportunity to challenge that basis. Previously, any person who submitted an NTN to the FBI in an attempt to appeal a NICS delay or denial from a disapproved NFA application would receive a curt response from the FBI that they do not process appeals from NFA applications. As a result, there was no way to obtain a clear explanation of the reason for the denial. We here at the Firearms Industry Consulting Group have assisted many clients with finding other ways to ascertain the reason for denial, and to correct it, but a direct appeal process should be easier for all involved.

For our local readers, this isn’t the appeal process in Pennsylvania for Title I (non-NFA) firearms or Licenses to Carry Firearms because we are a “Point of Contact” state and our background checks are conducted by, and appealed to, the PSP via the PICS system. However, this will be the process for NICS denials in NFA Applications for us in PA.

As always, you should be represented by counsel in any appeal process and you should not be speaking to FBI, ATF, or any other law enforcement without counsel, especially if they believe you are a prohibited person who just attempted to obtain a firearm. If you or someone you know has been denied an NFA firearms application, contact us to discuss your options!

Published by Dillon Harris, Esq.

Dillon grew up in Kingman, Arizona. During high school he got his first exposure to the legal system, spending a summer working in the Mohave County Attorney’s Office working with attorneys and office staff in various practice areas. Dillon attended Northern Arizona University in Flagstaff, Arizona and received a Bachelor of Science degree in Criminology and Criminal Justice with specializations in Legal and Criminal Investigation, Legal and Court Justice, and Justice in Politics, Media, and Popular Culture. Throughout and immediately after college he held positions in both the Court Administration and Clerk of Superior Court departments of the Superior Court of Arizona in Coconino County where he was part of a team that was awarded the 2016 Strategic Agenda Award by the Arizona State Judiciary and the 2016 Merit Award by the Arizona Association of Counties. Dillon graduated cum laude from Vermont Law School and passed the Uniform Bar Exam in 2020. He is licensed to practice law in Pennsylvania and Maryland and handles cases in both states dealing with firearms or general estate practice. He is also admitted to the Third Circuit Court of Appeals and U.S. District Courts for the District of Maryland, the Middle District of Pennsylvania, the Eastern District of Pennsylvania.

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