Understanding 18 U.S.C. § 925A: Remedy for Erroneous Firearm Denial

Introduction

In the United States, the right to bear arms is protected under the Second Amendment, but it comes with regulations (whether valid under the Constitution or not) that purportedly ensure public safety. The National Instant Criminal Background Check System (NICS), established under the Brady Handgun Violence Prevention Act, is a critical tool used to prevent prohibited individuals from purchasing firearms. However, errors in this system or in state-provided information can lead to wrongful denials of firearm purchases. To address this issue, Congress enacted 18 U.S.C. § 925A, a federal statute that provides a legal remedy for individuals who are erroneously denied the ability to purchase a firearm. This article explores the purpose, application, and process of 18 U.S.C. § 925A, empowering individuals to understand and exercise their rights under this law.

Purpose of 18 U.S.C. § 925A

The primary purpose of 18 U.S.C. § 925A is to offer a mechanism for correcting errors in the firearm purchase process. When an individual is denied a firearm due to inaccurate information provided by a state, political subdivision, or the NICS, this statute allows them to seek redress. It aims to:

• Protect Individual Rights: Ensure that law-abiding citizens are not unfairly denied their constitutional right to purchase firearms due to bureaucratic errors.
• Correct Systemic Errors: Address inaccuracies in background check systems that could unjustly prevent eligible individuals from exercising their Second Amendment rights.
• Provide Legal Recourse: Offer a clear path for individuals to challenge erroneous denials and have the correct information updated or the transfer approved.

This statute is particularly important in maintaining fair application of laws in the firearm purchasing process, purportedly intended to balance public safety with individual liberties.

Application of 18 U.S.C. § 925A

18 U.S.C. § 925A applies to any person who is denied a firearm purchase under subsections (s) or (t) of 18 U.S.C. § 922, which govern the background check requirements for firearm transfers. The statute is relevant in two specific scenarios:

1. Erroneous Information: The denial is based on incorrect information provided by a state, a political subdivision (e.g., a county or city), or the NICS itself.
2. Wrongful Denial: The state, political subdivision, or the United States (via NICS) improperly denies the firearm transfer due to misapplication of the law or inaccurate data.

The statute allows the affected individual to bring a legal action against the responsible entity—whether it is a state, local government, or the federal government—to correct the error or approve the transfer. Additionally, courts may award reasonable attorney’s fees to the prevailing party, incentivizing individuals to pursue legitimate claims.

The Process of Seeking Relief Under 18 U.S.C. § 925A

The process for seeking relief under 18 U.S.C. § 925A involves several steps, which may vary depending on the jurisdiction and specific circumstances. Below is a general outline of the process:

1. Receive Denial Notification: When a firearm purchase is denied, the applicant is informed by the Federal Firearms Licensee (FFL) conducting the background check. The denial typically includes a reason, such as a failed NICS check, and a transaction number.
2. Appeal the NICS Denial: Before pursuing legal action, individuals are encouraged to appeal the denial directly through the FBI’s NICS Section. This can be done online or by mail, using the transaction number provided. The NICS appeal process allows individuals to submit additional documentation to correct errors, such as mistaken identity or outdated records.
3. Gather Evidence: If the NICS appeal does not resolve the issue, the individual should collect evidence demonstrating the error. This may include:
   • Personal identification documents.
   • Court records showing dismissed charges or expunged convictions.
   • Correspondence with the state or NICS regarding the erroneous information.
4. File a Legal Action: If the issue persists, the individual can file a lawsuit in federal court against the responsible entity (state, political subdivision, or the United States). The lawsuit should request:
   • Correction of the erroneous information in the background check system.
   • Approval of the firearm transfer.
   • Reasonable attorney’s fees, if applicable.
5. Court Proceedings: The court will review the case, and if the plaintiff proves that the denial was based on erroneous information or an improper application of the law, the court may order the correction of records or approval of the transfer. The court has discretion to award attorney’s fees to the prevailing party.
6. Follow-Up: After a successful lawsuit, the individual should ensure that the corrected information is updated in the relevant systems to prevent future denials.

It’s advisable to consult with an attorney experienced in firearms law to navigate this process, as legal proceedings can be complex and vary by jurisdiction.

Conclusion

If you or someone you know has been wrongfully denied a firearm purchase due to an error in the background check process, don’t let the mistake go uncorrected. Take action under 18 U.S.C. § 925A to protect your rights. Start by appealing the denial through the NICS appeal process, gather evidence of the error, and consider consulting a legal professional to explore your options for filing a lawsuit. By exercising your rights under this statute, you can help ensure that the firearm purchasing process is fair and accurate, not only for yourself but also for others who may face similar issues. Stay informed, act promptly, and advocate for your constitutional protections. Contact us at [email protected] or at 866-545-GUNS for assistance or consultation with your firearm rights needs.