NICS Appeals Attorney

NICS Denial     NICS Delay     VAF Permit

A National Instant Criminal Background Check System, or NICS, delay or denial can based on either a State or a federal impediment. You have the right to appeal a NICS denial or delay. Attorney Driscoll handles NICS appeals.

You will need to obtain the NICS Transaction Number (NTN) or State Transaction Number (STN) from the gun dealer and complete an Attorney Release Form. Attorney Driscoll recommends providing fingerprints so as to receive a complete NICS report, rather than just the federal prohibitor category.

The required fingerprint card can be rolled by any local law enforcement agency and must contain the NTN, legible signature of the person rolling the fingerprints, and the agency name or the Originating Agency Identifier (OAI).

If you already know the reason for your denial then you can assist by providing Attorney Driscoll with corrected or updated records such as, police reports, expungements, restoration of rights, court documentation indicating the outcome of a case, level of conviction, sentencing data, completion of sentence, etc. For example, the termination of a restraining order. Certified documents are encouraged.

When a response is received from NICS, Attorney Driscoll will discuss the results with you and offer to pursue corrective measures. The goal is to ensure that your information, including your criminal history information (if any), is updated in the NICS database to prevent future NICS delays or denials.

If a NICS appeal does not fully remedy the situation then Attorney Driscoll can pursue obtaining a Voluntary Appeal File (VAF) permit for you. You can then use the VAF Personal Identification Number (UPIN) to prevent future NICS delays or denials. The UPIN will be added to any future ATF Form 4473 and you will need to inform the gun dealer that you have a VAF UPIN. Note: the NICS database is constantly updated.