What Questions Do They Ask on a Gun Background Check?
In the United States, the process of purchasing a firearm from a licensed dealer typically involves a background check to ensure that the buyer is eligible to own a gun. The background check is performed by the Federal Bureau of Investigation (FBI) through the National Instant Criminal Background Check System (NICS). But what exactly do they ask during a gun background check? And what are the questions that can disqualify someone from owning a gun? In this article, we’ll explore the answers to these questions.
Background Check Process
Before we dive into the questions, let’s quickly review the background check process:
- When a gun purchase is made from a licensed dealer, the dealer contacts the FBI’s NICS system to initiate the background check.
- The NICS system checks the buyer’s name against the following databases:
- National Crime Information Center (NCIC) database, which includes information on:
- Felony convictions
- Misdemeanor convictions for domestic violence
- Mental health records
- Alien status (for non-US citizens)
- FBI’s Firearms Transaction Record Tracking System (eTRACS), which tracks firearms transactions, including gun purchases and pawn shop transactions.
- Other federal and state databases, depending on the jurisdiction.
- National Crime Information Center (NCIC) database, which includes information on:
Questions Asked During a Background Check
Here are the questions that NICS asks during a gun background check:
- Identity verification: The check verifies the buyer’s name, date of birth, and social security number or alien identification number.
- Residency: The check verifies the buyer’s current residence and address.
- Citizenship: The check verifies whether the buyer is a US citizen or legal alien resident.
- Age: The check verifies whether the buyer is at least 18 years old (for handgun purchases) or 21 years old (for rifle and shotgun purchases).
- Felony and misdemeanor convictions: The check checks for any felony or misdemeanor convictions, including convictions for:
- Crimes involving moral turpitude
- Domestic violence
- Drug trafficking
- Mental health: The check checks for any mental health records, including:
- Psychiatric hospitalizations: A check for any admissions to psychiatric hospitals or facilities.
- Court-ordered commitments: A check for any court-ordered commitments to a psychiatric hospital or facility.
- Mental defect: A check for any diagnosed mental defects or disabilities.
- Domestic violence: The check checks for any convictions or restraining orders related to domestic violence.
- Illegal drug use: The check checks for any drug-related convictions or violations.
Disqualifying Questions
If you answer "yes" to any of the following questions, you may be disqualified from owning a gun:
Disqualifying Question | Reason for Disqualification |
---|---|
Have you ever been convicted of a felony or a crime punishable by imprisonment for more than one year? | Felony conviction |
Have you ever been convicted of a misdemeanor crime of domestic violence? | Domestic violence conviction |
Have you ever been adjudicated as a mental defective or been committed to a mental institution? | Mental health issue |
Are you an illegal alien or unauthorized alien? | Alien status |
Have you ever been dishonorably discharged from the US Armed Forces? | Military discharge |
Additional Disqualifying Factors
In addition to answering "yes" to one of the above questions, the following can also disqualify someone from owning a gun:
- Current restraining orders: If you have an active restraining order against you, you may be disqualified from owning a gun.
- Current or prior commitments to a mental institution: If you have ever been committed to a mental institution, you may be disqualified from owning a gun.
- Current or prior involuntary commitment: If you have ever been involuntarily committed to a mental institution, you may be disqualified from owning a gun.
Conclusion
A gun background check is a critical step in ensuring that individuals who purchase firearms from licensed dealers are eligible to do so. The FBI’s NICS system asks a series of questions during the background check process, including questions about identity verification, residency, citizenship, age, felony and misdemeanor convictions, mental health, domestic violence, and illegal drug use. If you answer "yes" to any of the disqualifying questions or have additional disqualifying factors, you may be denied the ability to own a gun. Remember, it’s crucial to be honest and accurate when answering these questions to ensure a smooth background check process.