What is an FBI NICS Background Check Appeal?
If You Were Denied A Firearm Purchase, Don’t Panic - You May Be Able To Challenge The Decision And Win.
Every day, people across Washington State walk into gun shops or apply for a concealed pistol license, expecting their background check to clear. For most, it does. But for some applicants, the FBI issues a denial, and often, it’s due to a mistake. That’s where an FBI NICS background check appeal comes in.
At Findley & Rogers, we specialize in helping people challenge wrongful firearm denials and restore their rights. Whether the problem is a paperwork error, outdated information, or a past issue you’ve already overcome, we’re here to help you take back control.
What is NICS?
The National Instant Criminal Background Check System, or NICS, is a computer database maintained by the FBI. Anytime someone in Washington wants to buy a firearm or apply for a firearm permit, their name is submitted to NICS. This system was created in the 1990s to keep firearms out of the hands of people legally prohibited from owning them. As of 2024, the Washington State Patrol now handles firearm background checks for Washington State, though they still utilize the FBI NICS database as part of their system. The goal is noble, but the system isn’t perfect.
NICS gets its information from a variety of sources: court records, arrest records, mental health histories, immigration data, and more. If any of those sources have inaccurate, outdated, or mismatched information, it can result in a denial, even when you should legally be allowed to own a firearm.
Why Was My Firearm Purchase Denied?
There are two main categories of denial: correctable errors and valid legal disqualifications. Let’s break them down.
1. Correctable Errors (Most Common)
Clerical mistakes in court or police records
Out-of-date information (e.g., your rights were restored, but the system hasn’t been updated)
Form errors - like missing information on your ATF paperwork
Mistaken identity, such as being confused with someone with a similar name
These errors can be incredibly frustrating, but they’re fixable.
2. Valid Disqualifications (May Still Be Reversible)
A felony conviction
Certain domestic violence, harassment, or stalking charges
Drug convictions or a history of addiction
Past mental health institutionalization
A current criminal indictment or unresolved warrant
Immigration status issues or a dishonorable discharge from the military
Even if your denial is based on a valid past issue, that doesn’t necessarily mean you’re stuck. Many people can restore their firearm rights under Washington State law once they meet certain criteria. Our team can help determine if you’re eligible.
What is an FBI NICS Appeal?
An FBI NICS appeal (also known as a “challenge”) is your chance to contest the denial. It's your legal right to say, “Wait a minute, this is wrong,” and ask the Washington State Patrol and FBI to take a second look.
This isn’t a simple “try again later” process. You’ll need to:
Investigate the cause of the denial
Gather documentation to prove the error or eligibility
Submit the right paperwork to the right federal office
Possibly follow up multiple times
It can be done alone, but having an attorney who knows the system inside and out can make a huge difference in the success and speed of your appeal.
What Happens After I File an Appeal?
After submitting your appeal:
The Washington State Patrol and the FBI review your case, which can take weeks or months.
If the denial was caused by an error, they’ll correct it, and your record will be updated.
If your denial was lawful but your rights have since been restored, you may need to provide proof of restoration before they reverse the decision.
In cases where the problem is ongoing, like an unresolved charge or a court error, we can work with the appropriate agencies to clear your name first, then pursue the appeal.
What’s a Voluntary Appeal File (VAF)?
If your name or personal info is frequently mistaken for someone who is disqualified, the FBI offers something called a Voluntary Appeal File (VAF). This allows you to submit fingerprints and identifying documents to avoid future denials.
We often help clients file both a NICS appeal and a VAF to prevent repeat issues down the road.
Do I Need a Lawyer for My NICS Appeal?
No, but it helps.
The NICS appeal process isn’t user-friendly. You’ll be dealing with federal forms, legal language, and government offices that may not respond quickly. If your case involves correcting errors, expunging records, or proving that your rights have been restored, it gets even more complicated.
We’ve helped hundreds of Washington residents fix their firearm denial status. Our services include:
Record review and clean-up
Sealing juvenile or adult criminal records
Firearm rights restoration
Submitting the NICS appeal or challenge
Filing for a concealed pistol license once your rights are restored
What If I Already Tried and Got Denied Again?
If you filed your appeal on your own and were denied again, don’t worry, it’s not always the end. You may have missed a key piece of paperwork or misunderstood the issue. We’ve helped many people who came to us after an initial failed appeal.
We’ll do a deep-dive audit of your case, investigate what went wrong, and build a stronger appeal that addresses all the FBI’s concerns.
Real-World Success Stories
“Having your rights removed without just cause is frustrating. Dealing with the FBI trying to restore them can be even more frustrating … Fletcher took the time to help me navigate the process of getting those rights back quickly and painlessly. His communication was quick and accurate, and I would absolutely recommend Fletcher Findley of Findley & Rogers to anyone in a similar position.” - Jay
“Fletcher Findley helped me restore my firearm rights. It took less than 60 days for the court decision to restore my rights (I thought it would take 90 days). The information getting to the FBI hit a bump in the road because the FBI didn’t update their system correctly, but Mr Findley helped with that as well. Once you hire him, he starts to work. He replies to all your emails or calls within a day, usually the same day.” - Brad
Let’s Clear Your Name and Restore Your Rights
If you’ve been unfairly denied the right to purchase or own a firearm, it’s time to take action. At Findley & Rogers, we believe everyone deserves a second chance, and that includes clearing up background check mistakes or restoring your rights after you’ve turned your life around.
Free consultation
Flat-fee pricing
Clear guidance through every step
Let’s start your appeal today.
Call us at 206.331.7377 or visit our contact page to schedule your free consultation.
