This is something every gun purchaser dreads: the thought your National Instant Criminal Background Check System (NICS) check comes back delayed or denied. Embarrassment, frustration, and confusion are just some of the emotions that you may feel. Do not let these get the best of you!
Before you take another step, relax and breath. A NICS denial is not the end of the world, and tackling the underlying problem will require a level head, determination, and some help..
First, is this a delay or denial? A delay merely means the FBI is having a difficult time determining your status. If they cannot provide a determinative answer within three days the gun shop may proceed with the sale. Some shops will not proceed with the sale out of caution, and this leaves you looking for another shop to deal with. Additionally, you reflect on your past and check your history to be sure delay isn’t legitimate.
A denial is serious. This will require you to take action to clear your name and rectify the situation. There is a possibility that the denial is due to a mistake in your records, but it is more likely that something in your past has triggered a prohibition against firearm ownership.
The second step is to determine what has triggered the prohibition and where did it occur. Is this a Federal or state action that has triggered the prohibition? If state, which state? And last, what is the nature of the prohibition: criminal conviction, dishonorable discharge, mental health adjudication, or one of the myriad of other less common prohibitions?
Federal action is the most difficult to solve. Fortunately it is also one of the rarest. A state triggered prohibition will require your action in that particular state.
If that state is South Carolina, I can help you navigate redress and lifting of the prohibition. You will need to pull your SC State Law Enforcement Division (SLED) record to see what is prohibiting you from owning a firearm. Once you have that in hand, we can sit down to discuss your options to make amends with your past and lift the prohibition.
This may not be an easy road, and it certainly will not be done in a week. But returning your life to normal is a positive possibility. If you have a SC triggered prohibition against firearm ownership and you would like to learn your options, contact my offices to set up an appointment. We can help.