nics fbi logoToday, The Law Firm of Higbee & Associates successfully won an appeal for a client who was wrongfully denied a firearm purchase by the N, commonly known as NICS.

The client had previously sought record clear clearing relief in the state of California and had a felony conviction reduced to a misdemeanor pursuant to Cal. Penal Code § 17(b). After the client’s case was granted, he no longer had a felony on his record and was legally allowed to purchase and possess a firearm.

However, the client continued to be denied the purchase of a weapon after gun dealers conducted a background investigation through NICS. After unsuccessfully appealing the decision themselves, the client contacted The Law Firm of Higbee & Associates for assistance. After several strongly worded correspondences to the NICS Appeal Division, the client’s wrongful denial was overturned.

Attorney Paul W. Hecht, who handled the appeal stated, “appealing NICS firearm denials can be an extremely daunting task if you do not fully understand the reason for the denial or the federal and individual state laws that apply. Many times, the NICS review and appeal units don’t understand the law and that it why it is important to have an experienced attorney to explain it to them. I’m very pleased that we were able to obtain the results the client was entitled to.”

Every year, thousands of prospective gun purchasers are erroneously delayed, or outright denied the purchase of a firearm by NICS. Many times those denials are based on outdated or incomplete information maintained by the databases used by NICS. Other times, NICS as misinterpreted the applicants’ record or the material law.

The Law Firm of Higbee & Associates helps individuals appeal NICS denials if they have been wrongfully denied the purchase of a firearm. If the denial of their firearm purchase was appropriate, Higbee & Associates regularly helps clients explore options to possibly restore their firearm rights.