Explore The NRA Universe Of Websites

APPEARS IN News

No Way Out: Feds Stop Processing NICS Denial Appeals

Friday, January 22, 2016

No Way Out: Feds Stop Processing NICS Denial Appeals

As much as the Brady Campaign, Bloomberg’s Everytown, and the Obama administration contend that submitting oneself to the FBI’s National Instant Criminal Background Check System (NICS) is a fast and simple process that does not significantly burden lawful firearms transferees, the fact is that for many of Americans that simply isn’t true. Each year thousands of Americans are wrongfully denied their Second Amendment rights when NICS incorrectly determines that they are prohibited from firearm ownership. Compounding this grave injustice, this week the FBI made public that they have stopped processing NICS denial appeals.

In what was dubbed a “makeshift reorganization” in a January 20 USA Today article, employees tasked with reviewing NICS appeals have been “temporarily” reassigned to assist with the considerable increase in background checks. According to the article, this has created a backlog of 7,100 denial appeals.

News of this personnel shift comes on the heels of Barack Obama’s much-publicized executive actions on gun control. Included in these actions was an intent to “hire more than 230 additional examiners and other staff to help process [NICS] checks.” When asked about this action in a January 20
hearing of the Senate Appropriations Committee’s Subcommittee on Commerce, Justice, Science, and Related Agencies, Attorney General Loretta Lynch made clear that this plan would require some Congressional cooperation for funding, noting, “With respect to the 230, we do hope to begin hiring of that with using this fiscal year's appropriation. And then the 2017 request would allow us to maintain that.” Given the circumstances surrounding the public disclosure of the suspension of processing denial appeals, the personnel maneuver has the appearance of being a cynical bargaining chip in the pursuit of more resources.

It is important to understand the severe scope of the problem of erroneous denials, and thus the need for a well-functioning denial appeals process. FBI’s own informational materials provide evidence of the system’s potential for mistakes. The agency’s 2014 NICS operations report
, for example, explains that a denial merely “indicates the prospective firearms transferee or another individual with a similar name and/or similar descriptive features was matched with either federally prohibiting criteria or state-prohibiting criteria.” In 2014, 90,895 federal NICS checks resulted in a denial. That same year, 4,411 NICS denials were later overturned through the appeals process, or close to 5 percent of total denials that year.

Moreover, there is significant reason to believe that the number of erroneous denials is far greater than those overturned on appeal. Some individuals incorrectly denied may feel intimidated by the appeals process or simply dealing with the federal government in this capacity. In her book,
Brady Denial? You CAN Get Your Guns Back!, Attorney Cindy Ellen Hill, who has helped clients navigate the NICS denial appeals process, writes, “people who don’t appeal their Brady denials make that choice based on a lack of information, lack of money to hire a lawyer or investigator to assist them, or out of fear of drawing further unwanted attention from federal and state law enforcement authorities.”

Suspending the NICS denial appeal process takes on an even more sinister character when one contemplates the chief gun control measure advocated by the Obama administration. Under a “universal” background check scheme, individuals would be unable to lawfully obtain firearms without subjecting themselves to a NICS check. If such legislation was currently in force, an individual who found themselves erroneously flagged by NICS, no matter how law-abiding, would have no avenue to legally acquire a firearm and no means to challenge their incorrect NICS status, obliterating their ability to exercise their rights in perpetuity, short of judicial intervention.

The Constitution guarantees that an individual cannot be deprived of liberty without the due process of law. When the FBI, or any other arm of the state, erroneously deprives a person of their rights without due process it should be the paramount concern of the government to correct the error. While there has been a sizable increase in NICS checks in recent years, resulting from record demand for firearms, suspending the NICS denial appeals process is not an acceptable means of meeting new demand. NRA will continue to monitor this gross disregard for those illegitimately denied their Second Amendment rights and will work to ensure an available, fair, and timely NICS denial appeals process.

TRENDING NOW
ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

News  

Monday, August 17, 2026

DOJ’s Post Office Directive Marks Another Second Amendment Milestone

For decades, federal law and United States Postal Service regulations turned one of the most ordinary stops in American life, your local post office, into a federal “gun free zone.”  That changed on August 12 with ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

Wednesday, August 12, 2026

NRA Joins Legal Fight Against Colorado’s Permit-to-Purchase Law for Semiautomatic Firearms

The National Rifle Association has joined the legal fight against SB25-003, Colorado’s permit-to-purchase scheme for certain semiautomatic firearms.

Meet the New Far Left; Same as the Establishment Left on Guns

News  

Monday, August 17, 2026

Meet the New Far Left; Same as the Establishment Left on Guns

Primary election season is winding down, and the final slates of candidates in most states have emerged ahead of the 2026 fall elections. Second Amendment issues may or may not have been front in center ...

NRA Files Lawsuit Challenging New York’s Glock Ban

Friday, August 14, 2026

NRA Files Lawsuit Challenging New York’s Glock Ban

The National Rifle Association, Second Amendment Foundation, Firearms Policy Coalition, the Firing Pin, LLC, and NRA members Lucas Nelson and Daniel Geary filed a lawsuit today challenging New York’s ban on Glock and “Glock-style” handguns.

In Memoriam: Second Amendment Champion Allan Cors, 1936-2026

News  

Monday, August 17, 2026

In Memoriam: Second Amendment Champion Allan Cors, 1936-2026

The Second Amendment lost one of its most ardent, longest-serving defenders on August 9 when past NRA President Allan D. Cors died.  He was a lifelong shooter, a dedicated collector, an avid hunter, and, perhaps above ...

California: Multiple Anti-Gun Bills Still Alive as Legislature Enters Final Week

Friday, August 21, 2026

California: Multiple Anti-Gun Bills Still Alive as Legislature Enters Final Week

The California Legislature enters its final full week of the 2026 Legislative Session on Monday, with several anti-gun bills eligible for floor votes. The most egregious bills include AB 2047, which further restricts the use ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.