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Firearm Denial

DENIED! How To Challenge A Firearm Denial

/ Criminal Defense

Contributor: Adam Justinger

Introduction

According to recent reports, approximately 72 million people in the United States own a firearm. Despite a global pandemic, gun sales boomed during 2020. In fact, the FBI has reported that it performed more than 3 million background checks in the NICS (National Instant Criminal Background Check Systems) database in May of 2020. This is 700,000 more checks than the FBI performed in May 2019. So, let’s say you want to buy a firearm. How does it work?

Purchasing A Firearm

Today, many stores carry firearms for people to purchase. This includes everything from big stores such as Walmart, to small mom and pop sporting goods stores. Regardless of where you purchase a firearm, the process remains virtually the same. When you walk into a store and want to purchase a firearm, the seller will require you to fill out a Firearm Transaction Record, otherwise known as ATF Form 4473. After completing the form, the seller will run your information you entered on the document.

After processing the form, there are three options that may occur. One option is that you proceed forward with your firearm purchase and can buy the gun. The second option is you are delayed. This means that further inquiry is required into your background before a decision can be made. The final option is you are denied. If you are delayed and then denied or instantly denied, you will not be able to purchase the firearm. However, there are ways to challenge the denial of your firearm purchase.

What To Do If You Are Denied

If you believe you are wrongfully denied a firearm, you can request a firearm related challenge (appeal). By challenging a denial, a buyer will be provided with the reason the background check was denied and also be provided with an opportunity to challenge the denial. To challenge a firearm denial, you are required to provide a NICS Transaction Number (NTN) or a State Transaction Number (STN). If you are denied, make sure the seller provides you with this information. If you do not have this information, your process will likely be delayed or your challenge may not be processed.

When dealing with a challenge to a firearm denial, it is important to be detailed and thorough and to address the issue preventing you from buying a firearm. This can be completed by submitting certain documents including, but not limited to, a petition, court records, applicable laws, etc. Due to the complex nature of challenging a firearm denial, it may be in your best interest to contact an attorney to help you with the process. Once the challenge is submitted, the FBI has sixty days to affirm or reverse the denial.

In Conclusion

Gun laws are extremely complex and involve both State and Federal law. If you want to challenge a firearm denial, it may be in your best interest to contact an attorney. For help with issues pertaining to your gun rights or purchasing a firearm in North Dakota, please contact Adam Justinger at SW&L Attorneys in Fargo at 701-297-2890. For future articles relating to gun rights, check our blog. This article is for informational purposes only and is subject to our disclaimer.

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