As most firearm enthusiasts know, the Federal Bureau of Investigation maintains a list of persons who are prohibited from possessing, owning or purchasing a firearm. This is called the National Instant Criminal Background Check System (“NICS”). If you go to a gun dealer, before selling you a firearm, the dealer will check the NICS to ensure that you are not prohibited from purchasing a firearm. Persons who have had their firearm rights restricted under state law will be placed on the NICS. Likewise, with those who have their firearm rights restricted by federal law.
However, under various state laws, firearm rights can be restored. If firearm rights are restricted because of a felony conviction, in many states, restoration involves completion of all sentencing requirements, the passage of a certain amount of time and the filing of a petition to have firearm rights restored. In some states, firearm rights are restored automatically (for some felony convictions) after a certain number of years have passed.
If your firearm rights have been restored, there is still another step that needs to be taken: you have to notify the FBI so that your name can be removed from the NICS. This process also results in the FBI issuing a unique personal identification number (“UPIN”) to the person seeking to purchase a firearm. The UPIN is also necessary for legally transferring ownership of a firearm.
The process of having your name removed from the NICS involves filing what is called a Voluntary Appeal File (“VAF”) with the FBI. As explained here, the VAF is “… designed for firearm purchasers who believe they are legally allowed to buy firearms, but they have been denied more than once or frequently experience delays in their transactions.” The FBI states that, sometimes, delays or denials are caused by past criminal convictions or caused by an ineligible person with a similar name. When a VAF is filed, the FBI conducts a background check which will verify that firearm rights have been restored (or clear up problems with applicants with similar names).
A VAF application can be filed via the internet or by mailing paper documents. Several forms are required to be submitted to the FBI including:
- A completed VAF application – one page form (see here)
- Standard Fingerprint Form
- Attorney Release Form – allowing release of information from your attorney
- Documents related to firearm rights restoration (such as the Court Order restoring your rights, a full pardon/clemency and/or other court documents)
According to the FBI, processing a VAF can take several months. If the FBI determines that an applicant’s firearm rights have been restored, and that there is no federal law disqualification, then the FBI will notify the applicant and issue a UPIN.
Find A Firearm Rights Attorney Today
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced firearm rights-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting firearm rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.