How Long is a Background Check Good for a Gun?
In the United States, obtaining a firearm is a complex process that involves a thorough background check. The background check is conducted by the Federal Bureau of Investigation (FBI) through the National Instant Criminal Background Check System (NICS). The purpose of the background check is to ensure that the individual purchasing the firearm is eligible to do so and does not have a criminal history or any other disqualifying factors.
How Long is a Background Check Good for a Gun?
The duration of a background check is a common question among firearm enthusiasts and individuals looking to purchase a gun. The answer is straightforward: a background check is valid for a maximum of 30 days. If the individual passes the background check, they can complete the purchase of the firearm within 30 days from the date of the check.
What Happens if the Background Check is Not Completed Within 30 Days?
If the background check is not completed within 30 days, the sale of the firearm is considered to be a "delayed sale." In this scenario, the firearm dealer must retain the firearm for a minimum of 30 days and notify the customer that the sale is delayed. The dealer must also notify the customer if the sale is not completed within the 30-day period.
Can a Background Check be Extended?
In some cases, a background check can be extended beyond the 30-day period. This typically occurs when the FBI requires additional information or clarification on the individual’s background. In such cases, the sale of the firearm is delayed until the FBI completes the additional review.
Consequences of Failing a Background Check
If an individual fails a background check, they will not be able to purchase a firearm. The FBI will deny the sale of the firearm, and the dealer will be notified. In this scenario, the individual may appeal the decision or seek legal counsel to understand the reasons for the denial.
Types of Disqualifying Factors
There are several disqualifying factors that can prevent an individual from purchasing a firearm. These include:
• Criminal convictions: Felony convictions, including those that are misdemeanor convictions with a sentence of more than one year.
• Mental health issues: A history of mental health issues, including involuntary commitments, adjudications of mental incompetence, and certain mental health diagnoses.
• Domestic violence: A history of domestic violence, including convictions, restraining orders, and domestic violence misdemeanor convictions.
• Illegal drug use: A history of illegal drug use, including convictions and drug-related offenses.
• Fugitive status: Outstanding warrants or fugitive status.
• Illegal aliens: Non-citizens who are illegally in the United States.
• Domestic terrorism: A history of domestic terrorism-related activities.
Table: Disqualifying Factors for Firearm Ownership
| Disqualifying Factor | Description |
|---|---|
| Criminal Convictions | Felony or misdemeanor convictions with a sentence of more than one year |
| Mental Health Issues | Involuntary commitments, adjudications of mental incompetence, and certain mental health diagnoses |
| Domestic Violence | Convictions, restraining orders, and domestic violence misdemeanor convictions |
| Illegal Drug Use | Convictions and drug-related offenses |
| Fugitive Status | Outstanding warrants or fugitive status |
| Illegal Aliens | Non-citizens who are illegally in the United States |
| Domestic Terrorism | History of domestic terrorism-related activities |
Conclusion
In conclusion, a background check for a gun is valid for a maximum of 30 days. If the background check is not completed within this period, the sale of the firearm is considered a delayed sale. There are several disqualifying factors that can prevent an individual from purchasing a firearm, including criminal convictions, mental health issues, domestic violence, illegal drug use, fugitive status, illegal aliens, and domestic terrorism. It is essential for individuals to understand the background check process and the disqualifying factors to ensure compliance with federal and state laws.
