Background Check for Gun Purchase: How NICS Works
Every time you buy a firearm from a licensed dealer in the United States, the dealer is required by federal law to run a background check through the National Instant Criminal Background Check System (NICS). Understanding how this process works helps you know what to expect when you make a firearm purchase.
What Is the NICS Background Check?
NICS stands for the National Instant Criminal Background Check System. It is operated by the FBI and was established under the Brady Handgun Violence Prevention Act of 1993. The system allows licensed dealers to instantly verify whether a potential buyer is legally eligible to purchase a firearm.
Who Is Required to Run a Background Check?
All licensed FFL dealers are required to run an NICS check before transferring a firearm to any non-licensee. This includes:
- Retail gun store purchases
- Online purchases transferred through an FFL dealer
- Gun show purchases from licensed dealers
- Transfers of used or consignment firearms
Private party sales between individuals who are not licensed dealers may not require an NICS check in some states. However, states like California, Colorado, and others require background checks on all transfers regardless of whether the seller is licensed.
How Does the NICS Check Work?
1. You complete ATF Form 4473 at the FFL dealer
2. The dealer contacts NICS by phone, internet, or through a state point of contact
3. NICS checks three databases:
- The Interstate Identification Index (criminal records)
- The National Crime Information Center (warrants, protection orders)
- The NICS Index (mental health records, prohibited persons)
4. NICS returns one of three responses:
- Proceed: Transfer can be completed
- Denied: Transfer is prohibited (buyer is a prohibited person)
- Delayed: More research needed (3 business day waiting period)
How Long Does the Background Check Take?
Most NICS checks are completed within minutes. However, some checks may be delayed and require additional research. If NICS does not provide a final decision within 3 business days, the dealer has the legal option to proceed with the transfer (though many choose to wait).
What Causes a Background Check Delay?
Common causes of NICS delays include:
- Similar names to prohibited persons in the database
- Incomplete or inconsistent records
- Sealed or expunged criminal records that need verification
- Mental health records under review
A delay does not mean you are denied. Most delays are eventually resolved as Proceed.
What Causes a Background Check Denial?
You will be denied if the NICS system finds you are a prohibited person under federal law, which includes:
- Felony conviction
- Domestic violence conviction or active restraining order
- Unlawful drug user or addict
- Adjudicated mentally defective or committed to a mental institution
- Illegal alien or person admitted under nonimmigrant visa
- Dishonorable discharge from the military
- Renounced U.S. citizenship
- Fugitive from justice
What If I Was Wrongly Denied?
If you believe a NICS denial was incorrect, you can appeal through the FBI's NICS Appeal and Challenge procedures. You have 30 days from the denial to request the reason for the denial and initiate an appeal.
State Background Check Requirements
Some states have their own background check requirements that go beyond federal law. For example:
- California: State point of contact handles all checks; 10-day waiting period
- New York: Pistol permit required before purchase
- Illinois: FOID (Firearm Owners Identification) card required
Always check your state laws before purchasing a firearm. Your local FFL dealer can advise you on state-specific requirements.
Find a Licensed FFL Dealer
Use FFLSearch.net to find licensed FFL dealers near you who can process your background check and complete your firearm transfer quickly and professionally.