A delayed gun background check can be a frustrating and concerning experience. This comprehensive guide will walk you through the process, explore the common reasons for delays, and offer advice on what you can do if you're facing one. Understanding the system is crucial for responsible gun ownership.
The National Instant Criminal Background Check System (NICS)
The NICS is the system used by licensed firearms dealers to conduct background checks on individuals purchasing firearms. It's a crucial part of the effort to keep guns out of the hands of those legally prohibited from owning them. The process involves submitting information to the FBI, which then checks against various databases to determine eligibility.
How Long Should a Background Check Take?
Ideally, a background check should be completed within minutes. However, many factors can contribute to delays, sometimes stretching the process out for days, weeks, or even longer.
Reasons for a Delayed Gun Background Check
Several factors can cause delays in the NICS process. These include:
1. Incomplete or Inaccurate Information:
- Typographical errors: Even a small mistake on the application can lead to delays. Double-check all information for accuracy before submitting.
- Missing information: Ensure all required fields are completed thoroughly and accurately.
- Name variations: If you've used different names throughout your life (e.g., maiden name, nickname), this can complicate the process. Providing all known variations can help expedite the check.
2. State-Level Record Issues:
- State record keeping: Inconsistent or incomplete record-keeping at the state level can delay the process as the FBI attempts to verify information.
- Pending charges: If you have pending charges, even minor ones, this will likely flag your application and cause a delay.
3. Potential Disqualifiers:
- Prior felony convictions: A felony conviction is a major disqualifier.
- Domestic violence convictions: Convictions related to domestic violence are grounds for disqualification.
- Mental health adjudications: Certain mental health adjudications can prevent you from legally owning a firearm.
- Dishonorable discharge from the military: A dishonorable discharge can lead to a denial of your application.
- Drug use/addiction: A history of illegal drug use or addiction can also result in denial.
4. System Overloads:
- High volume of checks: Periods of high demand on the NICS system can cause delays. This is particularly true around holidays or during periods of increased gun sales.
What to Do if Your Gun Background Check is Delayed
If your background check is delayed, patience is key. However, you can take proactive steps:
- Contact the firearms dealer: They can provide updates on the status of your check and offer assistance.
- Review your application: Double-check for any errors or omissions.
- Contact your state's Attorney General's office: They may be able to assist in resolving issues related to state-level records.
- Contact the FBI: While less likely to provide immediate assistance, you can contact the FBI to inquire about the status of your check.
Understanding Your Rights
It's crucial to understand that a delayed background check doesn't automatically mean your application will be denied. However, it's equally important to understand that certain offenses will prevent you from legally owning a firearm. Responsible gun ownership includes understanding and adhering to all applicable laws and regulations.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with legal counsel for any specific legal questions.
