What to Do After a Firearm Background Check Denial in Delaware
A denied firearm transaction does not always mean the underlying record is correct. Learn how Delaware’s Firearms Transaction Approval Program handles denials, written explanations, appeals, hearings, record corrections and successful overturns.
Important Deadline
FTAP appeal: Within 30 days
Hearing: May be requested
Further review: Superior Court
Do not simply try the transaction again
First determine why the transaction was denied. Repeated purchase attempts do not correct an inaccurate criminal-history record or eliminate an actual firearm prohibition.
Keep the Denial Information
Keep the transaction date, dealer name and NICS or State Transaction Number associated with the denial.
Request an Explanation
A prospective buyer or transferee may request a written explanation from FTAP within 30 calendar days.
Appeal if Appropriate
An FTAP appeal must generally be filed within 30 calendar days of receiving the denial.
Correct the Record
If the denial resulted from inaccurate or incomplete information, the originating record may need to be corrected.
Jump to a section
A denial and a delay are not the same thing
A denial means the background-check system has determined that the prospective buyer or transferee is prohibited from receiving or possessing the firearm under applicable law.
A delay means additional investigation or time is required before a final determination is made.
Do not treat a denial like an ordinary processing delay
Once a denial is issued, the firearm should not be transferred unless the denial is successfully overturned or another lawful resolution permits the transaction.
Request a written explanation
A prospective buyer or transferee who receives an FTAP denial may request a written explanation from the Firearms Transaction Approval Program.
Deadline: within 30 calendar days of the denial
The request may be sent to FTAP by U.S. Mail or by email.
What should the explanation request include?
The FTAP regulations specify the identifying information that must accompany a request for an explanation.
FTAP must respond
The regulations provide that FTAP will respond to a proper request for an explanation within 30 days after receiving the request.
How do you appeal an FTAP denial?
File the appeal within 30 calendar days after receiving the denial.
FTAP accepts written appeals by U.S. Mail or electronically at the FTAP appeals email address.
After receiving an appeal, FTAP reviews the records that caused the denial and may request fingerprints or additional information from the prospective buyer or transferee.
FTAP will not decide an appeal when jurisdiction lies elsewhere
If the record or denial must be corrected through another jurisdiction or originating agency, the person may need to pursue the applicable correction or appeal procedure there.
Can the denied buyer request a hearing?
Yes.
The prospective buyer or transferee may request a hearing before the Director of the State Bureau of Identification or the Director’s designee.
The hearing is held at the FTAP office at 600 S. Bay Road in Dover.
The individual may be represented by an attorney at the individual’s own expense.
Document authenticity matters
FTAP regulations state that documentary evidence submitted for consideration should contain signs of authenticity, such as a raised seal or other indication that the document is valid.
When will FTAP decide the appeal?
The Director of SBI or designee generally issues a final decision within 30 days after receiving the appeal and any additional information, or within 30 days after the hearing, whichever occurs later.
Exceptional circumstances
The regulations allow an additional 30-day extension under exceptional circumstances, with notice to the prospective buyer or transferee.
What if the denial is based on an incorrect record?
Background-check denials can involve criminal-history or other records that are incomplete, outdated, incorrectly matched or otherwise inaccurate.
If the disputed information originated with another agency or court, the individual may need to use that agency’s procedure to correct the underlying record.
Examples of documents that may matter
What happens if the denial is overturned?
A successful appeal does not mean the firearm is automatically handed over immediately. The prospective buyer or transferee may return to the FFL and the dealer follows the applicable FTAP transaction procedure.
FTAP takes corrective steps when inaccurate information caused the denial
The final FTAP regulations provide for communication with the entity that supplied inaccurate information, correction of erroneous records where appropriate, destruction of FTAP records containing the erroneous information, and submission of a NICS Deny Overturn message.
What if FTAP denies the appeal?
The FTAP regulations state that a prospective buyer or transferee whose administrative appeal is denied may pursue correction of the underlying criminal-history information through the appropriate originating agency and may appeal to the Superior Court of Delaware.
Consider legal counsel at this stage
A court appeal can involve procedural deadlines, evidentiary issues and questions about the underlying firearm prohibition. Individualized legal advice is appropriate when an administrative denial remains unresolved.
Was your handgun purchaser permit denied instead?
A Permit to Purchase denial is not the same as an FTAP transaction denial.
Delaware’s Handgun Qualified Purchaser Permit statute establishes its own appeal procedure.
A person aggrieved by the denial or revocation of a Handgun Qualified Purchaser Permit may request a hearing in the Justice of the Peace Court for the county in which the person resides.
30-day deadline
The written request for a hearing must be made within 30 days after the permit application was denied or the permit was revoked.
Can the gun dealer overturn the denial?
No.
The dealer submits the transaction information and follows the response provided through the applicable background-check system. The dealer does not decide whether the underlying disqualifying record is correct.
Delaware law does require the FFL and SBI, at the denied person’s request, to provide information required by applicable law or regulation so that the person can pursue an appeal or obtain additional information concerning the denial.
Do not provide different or false information to try to get around a denial
Delaware law makes it a felony to willfully and intentionally make a materially false statement or provide false identification intended or likely to deceive the licensee in connection with a firearm purchase or attempted transfer.
Use the appeal process instead
If a denial is incorrect, challenge the denial and correct the underlying record rather than attempting another transaction using inaccurate information.
What your firearm dealer can—and cannot—do
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
When a firearm transaction is denied, the dealer cannot override FTAP, change the customer’s eligibility determination or provide legal representation in the appeal.
The dealer can preserve the transaction information available to the customer and follow the proper transfer procedure if FTAP later overturns the denial and authorizes the transaction to proceed.
Frequently asked questions
What should I do if I am denied a firearm in Delaware?
Keep the denial and transaction information, determine whether the denial came from FTAP or another process, and promptly use the applicable procedure to request an explanation or appeal. FTAP’s current regulations generally impose a 30-calendar-day deadline.
How long do I have to appeal an FTAP denial?
The current FTAP regulations provide 30 calendar days from receipt of the denial to file an appeal.
How do I find out why I was denied?
You may request a written explanation from FTAP within 30 calendar days of the denial. The request must contain the identifying and transaction information specified in the FTAP regulations.
Can I email my FTAP appeal?
Yes. The current regulations identify DSP_FTAP_Appeals@Delaware.gov for written FTAP denial explanations and appeals.
Can I have a hearing?
Yes. The FTAP regulations allow a prospective buyer or transferee to request a hearing before the SBI Director or designee at the FTAP office in Dover.
Can I have an attorney at the hearing?
Yes. The regulations state that the prospective buyer or transferee may be represented by legal counsel at their own expense.
What if FTAP still denies my appeal?
You may need to correct the underlying criminal-history information through the originating agency, and the FTAP regulations also allow an appeal to the Superior Court of Delaware.
What happens after a successful appeal?
FTAP notifies the prospective buyer or transferee and, when inaccurate records caused the denial, takes the corrective steps specified by regulation. The buyer may then return to the FFL to follow the applicable transaction procedure.
Is appealing an FTAP denial the same as appealing a Permit to Purchase denial?
No. A denial or revocation of a Delaware Handgun Qualified Purchaser Permit has a separate statutory procedure. The applicant may request a hearing in the Justice of the Peace Court for the county of residence within 30 days.
Can my FFL overturn my background-check denial?
No. The FFL does not determine whether the disqualifying record is legally correct. The dealer must follow FTAP and applicable federal and Delaware transfer requirements.
Related Delaware firearm-law topics
Official sources
11 Del. C. § 1448A
Delaware firearm background-check statute and denial-information provisions.
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with the Delaware State Police, State Bureau of Identification, FTAP, NICS, ATF or any court. Denial and appeal deadlines can affect legal rights. A person who receives a firearm denial should rely on the current official denial notice and regulations and should obtain qualified legal counsel when the denial involves a disputed prohibition, court appeal or complex criminal-history record.
Restoring Firearm Rights in Delaware
If a denial is based on an actual disqualifying conviction or other prohibition rather than an incorrect record, learn how pardons, expungements and other forms of relief may affect firearm eligibility.