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
U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

Study Suggests “Safe Storage” Mandates are Ineffective

News  

Wednesday, September 23, 2026

Study Suggests “Safe Storage” Mandates are Ineffective

While it likely comes as no surprise to most readers, a recent study suggests that government-mandates that law-abiding gun owners always secure their firearms when “not in use”—usually unloaded, separate from ammunition, and either in ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

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 ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

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, ...

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.