Understanding Background Check
π 2026 Update: Recent Changes in US Gun Laws and Background Checks
Since the original article was published, several important changes have occurred in U.S. gun laws, particularly regarding background checks and firearm ownership. The updates reflect evolving regulations and practices that affect how individuals can legally purchase firearms. The earlier article continues further down the page, providing foundational information on background checks and related topics.
π 2024 NICS Operational Report
In 2024, the FBI's National Instant Criminal Background Check System (NICS) processed over 28 million firearm-related checks. This number shows a significant demand for firearm purchases. Out of these checks, about 1.1% were denied, indicating a small percentage of applicants did not meet the eligibility requirements.
πΈ Changes to NFA Transfer Tax
A major change took place in 2025 with the amendment to the National Firearms Act (NFA). The $200 transfer tax for most NFA items, such as silencers and short-barreled rifles, was eliminated. This change makes it easier for individuals to acquire these types of firearms without the previous financial burden.
β³ NICS Processing Times
As of early 2026, processing times for NICS checks have improved. Approximately 92% of NICS checks were resolved immediately in 2024, allowing sales to proceed without delay. For NFA Form 4 applications, average processing times are now 6 days for individual eForms and 30 days for individual paper submissions.
π« Eligibility Rules Remain Strict
Federal law continues to prohibit certain individuals from purchasing firearms. Those with specific criminal convictions, restraining orders, or mental health adjudications remain ineligible. Some states may have additional restrictions, highlighting the importance of understanding local laws in addition to federal regulations.
π Key Points
- 28 million firearm-related checks processed in 2024.
- 1.1% of checks resulted in denials.
- NFA transfer tax eliminated for most items in 2025.
- 92% of NICS checks resolved immediately in 2024.
- Federal restrictions on certain individuals remain unchanged.
π‘ Tips for Navigating Background Checks and Firearm Purchases
Reviewing your specific situation with an attorney is essential for understanding your rights and obligations regarding firearms.
π Complete ATF Form 4473
Before purchasing a firearm, you must fill out ATF Form 4473. This form collects personal information and eligibility questions. Ensure all information is accurate to avoid delays in the background check.
π Understand NICS Checks
After submitting Form 4473, the dealer sends your information to NICS. Familiarize yourself with what the NICS background check entails. Knowing how it works can help you prepare for the process.
π Consider State Laws
Each state may have different laws regarding gun ownership and background checks. Be aware of your state's specific requirements, which could include waiting periods or additional background checks.
β³ Be Prepared for Delays
If your NICS check is delayed, federal law allows the FBI three business days to resolve the issue. Understand that some checks may take longer than expected, so plan accordingly.
π Utilize NICS Resources
The FBI offers resources about the NICS process and eligibility criteria. These can help clarify any confusion regarding what is required for a successful background check.
π Background Check Services Ranked by User Reviews (2026)
This section highlights services related to background checks and public records, offering insights into their user reviews. The order follows Trustpilot data checked in October 2026. It is important to note that scores can change, and unhappy customers often leave more reviews than satisfied ones.
π₯ 1. BeenVerified.com
BeenVerified.com has been rated 3.4 on Trustpilot. It is known for its people search services and background checks. Reviewers report that it offers a variety of public records, making it useful for background checks related to firearm purchases.
However, some users have noted unexpected recurring charges and a lack of transparency in billing.
π₯ 2. PeopleFinders
PeopleFinders holds a Trustpilot score of 4.1. It is recognized for providing accurate public records and reverse phone lookup services. This can be beneficial for those looking to verify information during a background check.
Be aware that some users have experienced unexpected charges and a complicated cancellation process.
π Free Government Resources
The FBI and ATF provide free resources and information regarding the NICS process and firearm laws. These resources are accessible online and can help individuals understand their rights and obligations without incurring additional costs.
π Considerations When Choosing a Background Check Service
- π Check Trustpilot scores and review counts for reliability.
- π Look for services that clearly outline their fees and processes.
- βοΈ Ensure the service provides comprehensive and accurate public records.
- π Confirm customer support availability for assistance with issues.
- π Review the turnaround times for receiving background check results.
β Frequently Asked Questions
β What is the purpose of the NICS?
The National Instant Criminal Background Check System (NICS) is designed to prevent individuals who are prohibited from owning firearms from purchasing them. It checks the eligibility of potential buyers against federal and state databases.
π·οΈ How does the NFA transfer process work?
To transfer an NFA item, you must submit ATF Form 4 along with fingerprints, photographs, and any required payments. This process ensures that the transfer complies with federal regulations.
β³ What happens if my NICS check is delayed?
If a NICS check is delayed, federal law allows the FBI three business days to resolve the issue. If not resolved within that time, the dealer may proceed with the sale.
π Are there additional state laws I should be aware of?
Yes, some states impose additional restrictions beyond federal law, such as mandatory waiting periods or universal background checks. It's important to research your state's specific regulations.
π« Who is prohibited from purchasing firearms?
Federal law prohibits individuals with certain criminal convictions, active restraining orders, or specific mental health adjudications from purchasing firearms. Understanding these categories is crucial for compliance.
π How can I challenge a NICS denial?
If you are denied a firearm purchase, you can request the reason for the denial from the FBI. You may have the opportunity to challenge the decision based on the information provided.
βοΈ Recent Court Cases Related to Gun Laws
Several recent court rulings have addressed issues surrounding gun laws and background checks. These decisions can impact the interpretation and enforcement of existing regulations.
- New York court modifies sentence in attempted weapon caseAppellate Division of the Supreme Court of the State of New York Β· June 26, 2026
- Court overturns conviction in weapon possession caseAppellate Division of the Supreme Court of the State of New York Β· June 26, 2026
- Court Denies Firearm Permit Due to Incomplete Criminal HistoryNew York Supreme Court, Rensselaer County Β· April 3, 2026
- New York court upholds conviction in gun possession caseAppellate Division of the Supreme Court of the State of New York Β· October 1, 2026
To explore more recent rulings, please check more rulings on the news page.
End of October 2026 Update
Gun law varies in every state for the individual, personal owner. Some states have very little regulation on obtaining a gun license; others will require you to go through a lengthy process of obtaining a gun license. But there are certain individuals for whom it would be impossible to obtain a gun license. Prohibitions on these individuals' opportunities to obtain a gun license come from the federal level, primarily through the Gun Control Act of 1968, and enforced further by the Brady Handgun Violence Protection Act of 1993. These individuals include convicted felons, fugitives from justice, and those with severe mental defects.
In order to determine what individuals do fall subject to these conditions, the Brady Act provides for the use of NICS, an FBI database, to perform quick and efficient background checks on all potential gun purchasers. Sometimes, these background checks might run for three days, but most often they take place over the duration of a single phone call. If the background check does not come back with a denial within those three days, then the gun purchase may be completed anyway. Thus, the backgrounds checks are an easy, unobtrusive way to ensure that those individuals who assuredly should not be allowed to purchase a gun, are in fact prevented from doing so.
The NRA opposed the background checks initially described by the Brady Act, as the NICS database was not functional yet. The organization actually sued to have the Brady Act changed, such that background checks were not required to be performed by local law enforcement. Though the change was in fact made to the Brady Act, most local law enforcement officers still performed the checks, until the NICS database came online. Now, such background checks are quick, easy, and painless, and are routinely performed with every gun purchase.
For those who would seek a federal gun license, of course, there is an entirely different, more intensive procedure to be followed. A federal firearms license differs from the state granted license that permits one to carry a firearm. These state licenses do not necessarily carry over from state to state; but a federal firearms license is a license from the entire country of America, and is specifically oriented towards those who wish to sell or build guns. In other words, a federal firearms license is not needed for the average gun owner; it is only necessary for those who wish to sell guns, or who wish to work on guns. The background check required for receiving a federal gun license is similar to that required for owning a firearm, period, but the certification process requires other elements, such as the would-be licensee proving that he or she has adequate, safe storage facilities for the materials in question, and has notified law enforcement as to the location and nature of this site.
Regardless of whether you are applying for a federal gun license or a state gun permit, however, you can rest assured that the background check system of America today is quick, easy, and effective at ensuring that those who should not be sold guns are prevented from buying them.