Omaha, NE asked in Criminal Law and Civil Rights for Washington

Q: Is there a way to confirm that you have been removed from the NICS restricted list?

The bipartisan gun bill in 2022 included a provision that restores gun rights 5 years post conviction for misdemeanor dv if it was a first time offense and there have since been no related convictions. Is there a way to confirm if someone is cleared to purchase a firearm or do you just have to roll the dice and try to buy a gun?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: Unfortunately, there isn't a direct way for individuals to confirm if they have been removed from the NICS restricted list. The National Instant Criminal Background Check System (NICS) is managed by the FBI and is primarily used by licensed firearm dealers to determine the eligibility of prospective firearm purchasers. The process relies on submitting information to NICS at the time of a firearm purchase to receive a determination of eligibility.

Regarding the provisions of the bipartisan gun bill in 2022, while it may restore gun rights for individuals meeting specific criteria, such as those with past misdemeanor domestic violence convictions, the process typically involves meeting certain conditions and may not result in automatic removal from the NICS restricted list. Therefore, attempting to purchase a firearm could be the only way to find out if you have been cleared to do so.

It's important to proceed cautiously and ensure that you are fully aware of your legal rights and responsibilities regarding firearms possession. If you have concerns about your eligibility or believe you may qualify for restoration of gun rights under the provisions of the bipartisan gun bill, consider consulting with legal experts who can provide guidance specific to your situation and help you navigate the process safely and lawfully.

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