Paid for Gun but Failed Background Check? 3 Steps to Take Immediately

Paid for gun but failed background check?

The background check that accompanies gun purchases is an “instant” check system, and usually, it is run before the sale of the firearm is conducted. But in cases where the purchase was done online, or when protocols are ignored, the situation can arise where the firearm was bought, but the background check failed.

When this happens, there are specific steps that anyone can take immediately to have their money returned or to correct any erroneous information on the national background check.

The Brady Act,⁴ adopted in 1993, is a federal statute that compels legally registered firearms sellers (FFLs)⁵ to perform due diligence on gun buyers. The Bureau built the National Instant Criminal Background Check System (NICS)⁶ to conform with the Brady Act, which is a consolidated database of data made up of three independent central databases.¹

These units work together to deliver an ‘instant’ background check for gun buyers, based on fingerprint records.

But if your background check has failed after you’ve paid for a gun, the first thing to do is run a background check on yourself so you can see what records exist, and how to clear them.

What Should I Do If I Paid For Gun Online But Failed Background Check?

If a gun was purchased but the background check failed, take action quickly. The following steps outline the process.

Step #1. Run a Self Background Check

This is the best and most effective method to see what shows up on a background check. Ideally, it should be done before the gun purchase.

When the background check is run first, any inconsistencies or inaccuracies can be dealt with by contacting the agency that reported it. Because data entry errors do occur…and even fingerprint checks can return erroneous information, doing a background check on yourself can prevent the paid-for gun but failed background check dilemma. 

The fastest way to search your background is to contact an agency that performs the check and offers a 7-day free trial background check membership. This provides the full search without the cost.

Users can also take advantage of the Identity History Summary platform managed by the Federal Bureau of Investigation. With a digital fingerprint and a fee, the FBI will issue a personal RAP sheet, identifying criminal activity and convictions that can disqualify gun buyers from purchases.

Step #2. Check the Firearms Dealer Return Policy

When buying a firearm at a local store, the salesperson will usually wait until one has completed the background investigation before charging them.

If one was to place a custom order for a handgun that needed payment in advance, they should inquire about how they would manage such a case. A person might also inquire with a local gun dealer to see if they can perform a background check on them before they do anything to avoid putting money down and having a problem.²

If someone buys a gun online, they pay for it in advance and then have it transported to their local FFL seller for registration and background verification.

Before proceeding, make sure to check out the online merchant’s policy for dealing with “paid for gun but failed background check” problem.

A person would expect to pay shipment and restocking costs in most circumstances where payment is accepted up front. However, with a special-order weapon, the policy may be specific.

#3. Fix the Criminal Record

In many states, it’s easier than ever to expunge any criminal convictions that may cause someone to fail a background check.

After doing a self-criminal history search (using state sites and platforms to ensure the most accurate information), reach out to see if there is a process in place to remove the criminal record.

Here’s a list of states with their websites explaining the expungement process:

It’s often advisable to reach out to an attorney for help since the expungement process is conducted through the court system.

What Will Fail a Gun Background Check? (Why Would I Fail A Background Check For A Gun?)

Various criminal convictions impact whether a person is allowed to purchase a firearm. But, all states have their own laws and statutes.

The following table shows what will disqualify a person from a gun background check and the gun laws in all 50 states.

What Happens to a Gun Purchaser Who Fails the Background Check?

Paid for gun but failed background check? Before a background investigation can begin, all buyers must fill out a Firearms Transaction Record or Form 4473.

Individuals will have perpetrated a new misdemeanor punishable by a jail term not exceeding five years in imprisonment if they falsify a prior criminal record on the form; however, it is unclear how far these felonies are prosecuted.

With A Failed Gun Background Check, Can I Get My Money Back?

When the background investigation disqualifies an individual, the weapon is to be given back to the seller and the acquisition cost is reimbursed in most cases. There may be additional fees charged by the seller if the gun was purchased online, such as restocking fees, etc.

So, have you paid for gun but failed background check?

Every year, the national instant background check system prevents thousands of people who are forbidden from possessing weapons from purchasing them. Some people may have paid for gun but failed background check, and in that case, they can work to get their record cleared so that they may legally own a self-defense weapon.