Often a lawyer will encounter a client who is uncertain whether he is a prohibited person for purposes of gun purchase and possession. One way to test this, of course, would be to attempt to purchase a firearm and subject oneself to the required background check under the National Instant Criminal Background System (NICS) run by the FBI. However, the mere attempt by a prohibited person to purchase a firearm is itself a crime, so this approach is not encouraged.
Instead, a person can submit to the FBI a Voluntary Appeals File (VAF). This essentially asks the FBI for a determination of whether the client would be denied should they attempt to purchase a firearm. In general one of three responses can be expected:
(1) A determination that there is nothing in the FBI’s records to indicate the client is a prohibited person.
(2) A determination that the person is, in fact, a prohibited person. Even this outcome can be useful, as the “harm†it evidences to the client can be useful in establishing the legal standing necessary to pursue rights restoration at the state level.
(3) A finding that there is information in the NICS system that would inappropriately trigger a denial of a gun purchase for that client. For example, perhaps the client who is not prohibited has the same name and birthdate as does some other person who is prohibited . In this last case the FBI would then assign the non-prohibited client a unique personal identification number (UPIN) that the client would use when purchasing the firearm to avoid being denied.
