Published in Uncategorized on July 30, 2025
Every year, thousands of Americans are wrongfully denied the purchase of a firearm due to inaccurate or outdated information in the National Instant Criminal Background Check System (NICS). If you’ve recently tried to buy a gun and were denied because of a failed background check, you may still be eligible to purchase and possess a firearm—and you may have a legal remedy under federal law.
At our law firm, we represent individuals who’ve been denied their Second Amendment rights due to mistaken identity, expunged Missouri convictions, or incomplete criminal records. If NICS got it wrong, we can help make it right.
Why Background Check Denials Happen
The FBI’s NICS system runs a background check every time someone tries to purchase a firearm from a licensed dealer. While it’s designed to flag prohibited buyers under 18 U.S.C. § 922(g) and (n), the system often fails in two key ways:
• Mistaken Identity: NICS misidentifies the buyer as someone else—usually with a similar name or birthdate—who is lawfully barred from owning a firearm.
• Expunged or Incorrect Records: NICS flags a Missouri felony that has already been expunged under state law, or misreads a criminal record entirely.
These denials aren’t just frustrating—they’re unlawful when the buyer is not actually prohibited from owning a gun.
Your Rights Under 18 U.S.C. § 925A
Federal law gives you the right to fight back. Under 18 U.S.C. § 925A, you can:
• Challenge the denial of your firearm purchase based on incorrect information;
• File a lawsuit in federal court to force correction of your record or approval of the transfer; and
• Recover attorney’s fees if you win your case.
This statute exists to protect the rights of law-abiding citizens who’ve been wrongly flagged by the background check system.
How to Appeal a NICS Denial
If you’ve been denied, here’s the step-by-step process to challenge that decision:
Step 1: Submit a NICS Appeal
Start by submitting a Firearm-Related Challenge through the FBI. You’ll need your NICS Transaction Number (NTN), personal info, and any supporting documentation. This can be submitted online or by mail.
Step 2: Identify and Correct the Record
The FBI will respond with a reason for the denial—usually referencing a conviction or identity issue. If the record is incorrect (e.g., the conviction was expunged in Missouri or belongs to someone else), you’ll need to provide certified court records, fingerprint verification, or identity documentation to dispute it.
Step 3: Apply for a VAF and UPIN (If Needed)
If you’re frequently denied due to misidentification, you can apply for the Voluntary Appeal File (VAF). If accepted, you’ll be issued a Unique Personal Identification Number (UPIN) to use in future background checks.
Step 4: File a Federal Lawsuit Under § 925A
If the FBI fails to correct the error or doesn’t respond promptly, you have the right to file suit in federal court. The court can order your record corrected and force the government to allow the firearm transfer. You may also be reimbursed for your legal expenses.
You Don’t Have to Wait to Sue
You are not required to finish the FBI’s administrative appeal process before going to court. In fact, in some cases—especially when you’re being mistaken for someone else entirely—filing a federal lawsuit immediately may be the better option.
Why Hire Our Firm?
Challenging a NICS denial is rarely simple. Success often depends on knowing Missouri expungement law, federal gun laws, FBI procedures, and litigation strategy under § 925A.
We’ve helped clients navigate the NICS appeal process and have filed and litigated cases in federal court against the FBI, Department of Justice, the United States of America, and the Missouri State Highway Patrol.
Here’s what we do:
• Investigate your denial to determine if it’s based on mistaken identity or inaccurate/expunged records;
• Submit a complete and properly supported NICS appeal;
• Communicate directly with federal and state agencies on your behalf;
• File a lawsuit under § 925A if needed to restore your rights;
• Seek recovery of your legal fees if we prevail.
We know the system—and we know how to fix it.
Contact Us Today for a Free Consultation
If you’ve been denied a firearm purchase in Missouri due to a mistaken identity, expunged felony, or background check error, don’t wait. You may still be eligible to own and buy a firearm—and you may be entitled to relief under federal law.
📞 Call our Springfield, MO office today to schedule a free consultation.
Let us help restore your Second Amendment rights.