How Far Back Does a Gun Background Check Go?
When it comes to purchasing a firearm in the United States, a background check is a crucial step in the process. The National Instant Criminal Background Check System (NICS) is the primary mechanism used to conduct these background checks. But how far back does a gun background check go? In this article, we’ll dive into the details and answer this question.
How Long Does a Gun Background Check Go Back?
A gun background check goes back as far as seven years, but it may be longer in some cases. The NICS background check system checks criminal records, mental health information, and other relevant records to determine whether an individual is eligible to purchase a firearm. The background check process typically takes seconds to minutes to complete.
Here’s a breakdown of the information that the NICS system checks:
| Information | Timeframe | Examples |
|---|---|---|
| Criminal Records | 7 years | Felonies, misdemeanors, expunged records |
| Mental Health Records | Adjudicated records | Competency, commitment, guardianship |
| Domestic Violence | Lifetime | Protection orders, restraining orders |
| Drug-Related Offenses | 10 years | Possession, distribution, trafficking |
| Immigration Status | Lifetime | Undocumented immigration status |
Important Note: The timeframe may be longer for certain information, such as:
• Felony convictions: These are checked for at least 7 years and potentially indefinitely.
• Mental health adjudications: These are checked from the date of adjudication, which may be after a mental health crisis has occurred.
• Protective orders: These are checked for the duration of the order and potentially thereafter.
How Does NICS Check for Information?
The NICS system checks for information through multiple sources, including:
- Federal databases: Social Security Administration (SSA), FBI, Department of Defense (DoD)
- State databases: State criminal records, DMV records, mental health records
- State and local law enforcement databases: Arrest records, traffic violations, and other data
What Happens If the Background Check Shows a Disqualifying Criteria?
If the NICS background check reveals information that disqualifies the individual from purchasing a firearm, the sale is either denied or delayed. The individual may be notified to appeal the decision or provided with information on how to correct the issue.
How Can You Check the Status of Your Background Check?
If you have submitted a background check through the NICS system and are waiting for the result, you can check the status of your check with the FBI or your authorized dealer. The background check process typically takes between 1-3 minutes, but it may take longer in some cases.
Conclusion
A gun background check goes back as far as seven years, but it may be longer in some cases. The NICS system checks for a range of information, including criminal records, mental health records, domestic violence, drug-related offenses, and immigration status. While the background check process is designed to ensure that firearms are sold to lawful and responsible individuals, it’s essential to be aware of the information being checked and the potential delays or denials that can occur.
By understanding the scope and timeframe of a gun background check, individuals can better navigate the process and ensure that their right to purchase a firearm is protected.
