When purchasing a firearm from a Federal Firearms Licensee (FFL), the transaction must go through the National Instant Criminal Background Check System (NICS) to determine whether the buyer is legally eligible to own a firearm. In most cases, the background check is instantly approved or denied, but some transactions are delayed while the FBI conducts a further review of records. While a NICS delay might be frustrating, understanding why the delay occurred and staying informed throughout the process is the best way to get back on track.
Understanding a NICS Delay
A NICS delay means the FBI needs more time to process your background check before making a final decision. This is different from a denial, which indicates the buyer is legally prohibited from purchasing a firearm.
Common Reasons for a NICS Delay
- Incomplete or Missing Records – If the FBI cannot find all the information needed to approve the transaction immediately, they may need to retrieve additional records.
- Shared or Similar Names – If your name and personal information closely match someone with a criminal history or prohibited status, the system may flag your transaction for further review.
- Past Criminal Records, Mental Health Concerns, or Restraining Orders – Even if you are legally allowed to own a firearm, old records or incomplete case dispositions may require extra time for verification.
- Recent Identity Changes – If you have changed your name, updated your citizenship status, or had a prior arrest record expunged, these updates may not be reflected in NICS yet, causing a delay.
- State Laws Differing from Federal Rules – Some states have stricter background check requirements than federal law, meaning a delay could be due to state-level processing.
How Long Does a NICS Delay Last?
Under federal law, the FBI has three business days (excluding weekends and federal holidays) to approve or deny your license. If a decision is not made within three business days, the FFL dealer has the discretion to proceed with the firearm transfer. If the dealer chooses to wait, the FBI will continue the review until a final decision is made.
State-specific laws may override federal law and require FFLs to wait until a full approval is received, meaning a firearm may not be transferred even after three business days.
If your NICS delay lasts longer than expected, there are several ways to check the status and find out what’s causing the delay.
How to Check the Status of a NICS Delay
If your background check has been delayed, there are four primary ways to check the status of your NICS transaction:
Contact the Firearm Dealer (FFL)
The FFL is the first place to check. Since they initiated the NICS background check request, they receive all updates from the FBI and can inform you if a decision has been made. The dealer may receive updates from NICS before you do and can let you know if the delay has been resolved. They also might be able to share:
- If the background check has been updated
- If the FBI has contacted you with further instructions
- If state laws allow the transfer to process after three business days
Call the FBI NICS Customer Service
You can call the FBI NICS Section at (877) 324-6427 to request a status update.
To check the status, they will need your:
- Full legal name
- Date of birth
- Social Security Number (if provided during the purchase)
- The NICS Transaction Number (NTN) (if given to you by the FFL)
The FBI cannot provide specific reasons for the delay over the phone, but they can confirm whether your transaction is still pending or if a decision has been made.
Submit a Firearm-Related Challenge (Appeal) If Necessary
If you believe your NICS delay was caused by an error, you can formally challenge the background check decision through the FBI’s NICS Appeal website.
- When to file an appeal:
- If your delay turns into a denial and you want to dispute the decision.
- If you have no criminal record but keep experiencing delays.
- If you recently had an expungement or legal record correction that is not reflected in NICS.
- What to include in your appeal:
- Proof of identity (government-issued ID).
- Fingerprints for verification.
- Legal documentation clearing past records.
Processing times for appeals vary, but the process can take weeks to months depending on workload.
Submit a NICS Status Request via the Voluntary Appeal File (VAF)
If you have experienced multiple NICS delays in the past, you may want to apply for a Voluntary Appeal File (VAF). This process allows the FBI to store your cleared background check information so future firearm purchases go through more smoothly.
- How to apply for a VAF request:
- Visit the FBI’s NICS VAF application page.
- Submit your fingerprints and documentation.
- Wait for processing (this can take several weeks to months).
What to Do While Waiting for a NICS Response
If your NICS check is delayed, you can still stay engaged while waiting:
- Stay in touch with the firearm dealer – The FFL will be the first to know if a decision has been made.
- Find out your state’s laws – If federal law allows the transfer after three business days, but state law does not, you may need to wait longer.
- Prepare for a possible appeal – If your delay turns into a denial, be ready to challenge it with supporting documents.
- Apply for a VAF (if needed) – If you face delays frequently, consider getting a UPIN to prevent future issues.
Preventing Future NICS Delays
To avoid delays in future firearm purchases:
- Use Your Full Legal Name – Ensure the dealer correctly enters your name, birthdate, and SSN if required.
- Update Your Records – If you’ve had a legal name change, expungement, or record correction, check that it’s updated with law enforcement databases.
- Apply for a UPIN – If you’ve been delayed multiple times, a Unique Personal Identification Number (UPIN) from the VAF can help prevent future issues.
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