Expert: Robert P. Firriolo - 8/5/2008

Question
Hello.I have a few handguns that I have legaly purchased in the past and soI go to  buy an AR-15 and after the 5 day wait they tell me I have a "Conditional" I know the laws and there is nothing on my record that should keep me from owning any firearm.Why is this happening and why should I have to spend my time and money to fight for a right that should already be mine.I am in the State of florida.

Answer
The question "why is this happening" is impossible for me to answer without knowing more information about you and without contacting the FBI NICS center to look into what information is associated with your name during a search. The latter is something only you or your attorney can do, due to privacy laws.

As for why you should have to spend time and money to fight this, a Conditional Proceed means that the dealer can proceed with the transfer. You do not state whether the dealer has refused to do so. If he hasn't refused, then there is nothing to "fight," unless you are concerned that you will get a Conditional Proceed on your next transaction and the dealer will refuse to transfer.

Generally speaking, if during the background check a record is located with outstanding disqualifying charges or charges that are undeterminable as disqualifying, the transaction will be denied.  Upon an appeal of the denial, FBI or the state agency that runs the check will attempt to find disposition information on the charges in order to make a determination of eligibility to purchase a firearm.  If they cannot obtain the information within the mandatory 15 day limit, the transaction will be marked as a Conditional Proceed.  This means that the dealer may lawfully, at his discretion, complete the transfer, although it does not mean that the dealer must complete the transfer.  

If the dealer chooses not to complete the transfer, your only appeal is to the FBI's NICS Appeals Services Unit.  You can contact them at (304) 625-1903. If you feel there is erroneous information linked to your name, contact this unit and try to straighten things out.

Good luck.