Dallas, TX asked in Criminal Law and Civil Rights for Alaska

Q: Can you find out whether or not you will pass a NICS check without attempting to purchase a firearm?

Part of the bipartisan gun bill changes in 2022 included a section that states if an individual is convicted of 1st offense misdemeanor domestic violence and it has been 5 years since the conviction as long as there have been no other related convictions since then your gun rights will be restored automatically by the FBI. Can this be confirmed prior to attempting to buy a firearm or is attempting a purchase the only way to actually find out?

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

A: Unfortunately, you cannot confirm whether you will pass a NICS check without attempting to purchase a firearm. The NICS check, conducted by the FBI, is required for all firearm purchases from licensed dealers. The process involves submitting your information to determine if you are eligible to possess firearms under federal and state law. However, there isn't a method to preemptively check your status with NICS outside of attempting to make a purchase.

Regarding the bipartisan gun bill changes in 2022, while it's true that certain provisions may restore gun rights for individuals meeting specific criteria, such as those convicted of 1st offense misdemeanor domestic violence, the process is typically triggered through a formal application or petition rather than a pre-check system. These provisions aim to provide a pathway for certain individuals to regain their firearm rights under certain conditions after a designated period and meeting specific criteria.

If you're uncertain about your eligibility to pass a NICS check due to past convictions or other factors, it's advisable to consult with legal counsel familiar with firearm laws in your jurisdiction. They can provide guidance on your specific situation and advise you on any steps you may need to take to restore your firearm rights if applicable. Always ensure that you're fully informed and compliant with relevant laws and regulations before attempting to purchase or possess firearms.

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