[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR25.10]

[Page 450-451]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 25_DEPARTMENT OF JUSTICE INFORMATION SYSTEMS--Table of Contents
 
     Subpart A_The National Instant Criminal Background Check System
 
Sec. 25.10  Correction of erroneous system information.

    (a) An individual may request the reason for the denial from the 
agency that conducted the check of the NICS (the ``denying agency,'' 
which will be either the FBI or the state or local law enforcement 
agency serving as a POC). The FFL will provide to the denied individual 
the name and address of the denying agency and the unique transaction 
number (NTN or STN) associated with the NICS background check. The 
request for the reason for the denial must be made in writing to the 
denying agency. (POCs at their discretion may waive the requirement for 
a written request.)
    (b) The denying agency will respond to the individual with the 
reasons for the denial within five business days of its receipt of the 
individual's request. The response should indicate whether additional 
information or documents are required to support an appeal, such as 
fingerprints in appeals involving questions of identity (i.e., a claim 
that the record in question does not pertain to the individual who was 
denied).
    (c) If the individual wishes to challenge the accuracy of the record 
upon which the denial is based, or if the individual wishes to assert 
that his or her rights to possess a firearm have been restored, he or 
she may make application first to the denying agency, i.e., either the 
FBI or the POC. If the denying agency is unable to resolve the appeal, 
the denying agency will so notify the individual and shall provide the 
name and address of the agency that originated the document containing 
the information upon which the denial was based. The individual may then 
apply for correction of the record directly to the agency from which it 
originated. If the record is corrected as a result of the appeal to the 
originating agency, the individual may so notify the denying agency, 
which will, in turn, verify the record correction with the originating 
agency (assuming the originating agency has not already notified the 
denying agency of the correction) and take all necessary steps to 
correct the record in the NICS.
    (d) As an alternative to the above procedure where a POC was the 
denying agency, the individual may elect to direct his or her challenge 
to the accuracy of the record, in writing, to the FBI, NICS Operations 
Center, Criminal Justice Information Services Division, 1000 Custer 
Hollow Road, Module C-3, Clarksburg, West Virginia 26306-0147. Upon 
receipt of the information, the FBI will investigate the matter by 
contacting the POC that denied the transaction or the data source. The 
FBI will request the POC or the data source to verify that the record in 
question pertains to the individual who was denied, or to verify or 
correct the challenged record. The FBI will consider the information it 
receives from the individual and the response it receives from the POC 
or the data source. If the record is corrected as a result of the 
challenge, the FBI shall so notify the individual, correct the erroneous 
information in the NICS, and give notice of the error to any Federal 
department or agency or any state that was the source of such erroneous 
records.
    (e) Upon receipt of notice of the correction of a contested record 
from the originating agency, the FBI or the agency that contributed the 
record shall correct the data in the NICS and the denying agency shall 
provide a written confirmation of the correction of the erroneous data 
to the individual for presentation to the FFL. If the appeal of a 
contested record is successful and thirty (30) days or less have 
transpired since the initial check, and there are no other disqualifying 
records upon which the denial was based, the NICS will communicate a 
``Proceed'' response to the FFL. If the appeal is successful and more 
than thirty (30) days have transpired since

[[Page 451]]

the initial check, the FFL must recheck the NICS before allowing the 
sale to continue. In cases where multiple disqualifying records are the 
basis for the denial, the individual must pursue a correction for each 
record.
    (f) An individual may also contest the accuracy or validity of a 
disqualifying record by bringing an action against the state or 
political subdivision responsible for providing the contested 
information, or responsible for denying the transfer, or against the 
United States, as the case may be, for an order directing that the 
contested information be corrected or that the firearm transfer be 
approved.
    (g) An individual may provide written consent to the FBI to maintain 
information about himself or herself in a Voluntary Appeal File to be 
established by the FBI and checked by the NICS for the purpose of 
preventing the future erroneous denial or extended delay by the NICS of 
a firearm transfer. Such file shall be used only by the NICS for this 
purpose. The FBI shall remove all information in the Voluntary Appeal 
File pertaining to an individual upon receipt of a written request by 
that individual. However, the FBI may retain such information contained 
in the Voluntary Appeal File as long as needed to pursue cases of 
identified misuse of the system. If the FBI finds a disqualifying record 
on the individual after his or her entry into the Voluntary Appeal File, 
the FBI may remove the individual's information from the file.

[Order No. 2186-98, 63 FR 58307, Oct. 30, 1998, as amended by Order No. 
2727-2004, 69 FR 43901, July 23, 2004]