NICS point-of-contact states are the fifteen states that run their own firearm background checks instead of letting a licensed dealer call the FBI, plus four more that split the job between a state agency and the FBI depending on the type of firearm. If you buy a gun from a dealer in one of these states, your check goes through a state police agency, department of justice, or bureau of investigation that queries the same national databases the FBI would use and also searches state and local records the federal system often misses. The check tends to be more thorough, usually costs a fee the FBI does not charge, and can take longer to clear.
Which States Are Point-of-Contact States
Fifteen states operate as full point-of-contact (POC) states, meaning the state agency handles every firearm background check regardless of whether the buyer is purchasing a handgun, rifle, or shotgun: California, Colorado, Connecticut, Florida, Hawaii, Illinois, Nevada, New Jersey, New York, Oregon, Pennsylvania, Tennessee, Utah, Virginia, and Washington.1Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady State Lists Dealers in these states never contact the FBI for a standard check.
Four more states are partial POC states: Maryland, Nebraska, New Hampshire, and Wisconsin. The split usually falls on handgun-versus-long-gun lines. Maryland State Police process checks for handguns and assault weapons, but dealers contact the FBI for long guns and pawn redemptions. Nebraska issues handgun purchase permits while long gun checks go to the FBI. New Hampshire and Wisconsin follow a similar pattern.1Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady State Lists Everywhere else, the dealer calls the FBI directly.
What a State Check Adds That the FBI Check Misses
The FBI queries three national systems: the NICS Index, the National Crime Information Center, and the Interstate Identification Index. Those systems only contain what states and courts have reported to them, and reporting gaps are real. A state POC agency runs the same national queries and then searches its own records on top.
Mental Health Records
Federal law prohibits firearm possession by anyone involuntarily committed to a mental institution, adjudicated not guilty by reason of insanity, found incompetent to stand trial, or placed under adult guardianship for mental incapacity. Those records often sit in state probate courts, civil courts, or mental health boards with no automated connection to the NICS Index. A POC agency can search them directly. Outpatient commitments are a particular gap at the federal level, because not every state reports them and definitions of a disqualifying commitment vary.
Protective Orders and Domestic Violence
A qualifying protective order or a misdemeanor domestic violence conviction disqualifies someone from firearm possession under federal law.2Federal Bureau of Investigation. NICS Overview Brochure Not every state order meets the federal definition, and not every order reaches the National Crime Information Center promptly. Some POC states also apply stricter state standards, prohibiting possession under emergency or ex parte orders that would not trigger a federal bar. Searching local court records directly lets POC agencies flag recent orders and state-specific ones that the federal query would miss.
Other State-Level Disqualifiers
POC agencies also see juvenile adjudications with state-level firearm prohibitions, substance abuse treatment records where state law creates a disqualifier, and probation or parole conditions restricting firearm possession. Some states add prohibited-person categories beyond the federal list, including additional misdemeanor offenses. A POC check applies federal and state disqualifiers at once, so a buyer can pass an FBI check and still fail a state one.
How Long the Check Takes
Under federal law, if NICS does not return a final answer within three business days, the dealer may proceed with the sale. A business day here means a day when state offices are open.3Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts The provision is often called the default proceed.
In several POC states, the default proceed does not apply. Colorado, Oregon, Utah, and Washington prohibit the dealer from transferring the firearm until the state check is actually complete, no matter how many business days have passed. A delayed result means the buyer waits.
Some POC states also impose mandatory waiting periods that run independently of the check itself. These cooling-off periods range from a few days to two weeks or more depending on the state and firearm type. Even if the check clears in minutes, the buyer cannot pick up the gun until the waiting period expires. Between the absence of a default proceed and a waiting period stacked on top, the gap between walking into a store and walking out with a firearm can be substantially longer than in a non-POC state.
The Fee
The FBI does not charge for a NICS check. POC states fund their own systems and pass the cost along. California charges $31.19 for its Dealer Record of Sale check.4California Attorney General. Regulations: Dealer Record of Sale (DROS) Fee (Emergency) Nevada charges $25 per check.5Nevada State Police Records, Communications and Compliance Division. Federal Firearms License (FFL) Other POC states fall roughly between $10 and $35, and fees often adjust annually.
Dealers nearly always pass the fee to the buyer, sometimes with a markup. It is non-refundable once the check starts, even if the sale is canceled or the buyer is denied.
When a Permit Can Skip the Check
In roughly half the states, a valid concealed carry permit or similar state-issued firearm permit can substitute for a point-of-sale NICS check. The permit holder shows the permit and the dealer skips the check. The reasoning is that the state already ran a thorough check when it issued the permit.
Federal law sets three conditions. The permit must authorize the holder to possess or acquire a firearm, it must have been issued within the past five years by the state where the transfer is taking place, and state law must require a background check as part of issuing it. A permit that is still valid under state law but was issued more than five years before the transfer cannot substitute for NICS.6Bureau of Alcohol, Tobacco, Firearms and Explosives. Brady Permit Chart
Dealers are not obligated to accept a qualifying permit in place of a check. Many dealers in full POC states run the state check anyway, both as a precaution and because the state system may catch disqualifying information that arose after the permit was issued.
Private Sales
Federal law only requires background checks for sales through licensed dealers. Private sales between individuals are not covered by the federal requirement. Several POC states have enacted universal background check laws that extend the requirement to private transfers within the state.
In those states, the private seller has to route the transfer through a licensed dealer, who runs the check through the state POC system. The dealer typically charges a service fee on top of the state’s fee, and the total can reach $50 to $75 or more depending on the state and dealer. In POC states without a universal check law, private sales are not checked against state or federal databases at all.
If You Are Denied
A denial does not always mean the buyer is actually prohibited. Mistaken identity, outdated records, and data entry errors account for a meaningful share of initial denials. The appeal route depends on which agency ran the check.
When the FBI Ran the Check
If the FBI issued the denial, whether in a non-POC state or on a long gun transaction in a partial POC state, the buyer appeals to the FBI’s NICS Appeal Services Team. The first step is a written request for the reason for the denial, because the Privacy Act prevents the FBI from giving the reason by phone. The FBI sends the general reason within five business days, and the buyer then submits a formal challenge with supporting documents such as court records, proof of expungement, or fingerprints to resolve identity confusion. The FBI has 60 calendar days to respond to the challenge.7Federal Bureau of Investigation. Challenges / Appeals
When a State POC Ran the Check
When a state agency issued the denial, the appeal goes through that state’s process. Some require a written petition to the state police or department of justice; others use an online system. Documentation is similar: court records showing a conviction was overturned, proof a restraining order was vacated, or records showing the buyer is not the person with the disqualifying history.
One catch trips people up. Winning a state appeal does not automatically clean up the underlying federal record. If the NICS Index or the Interstate Identification Index still shows a disqualifying entry, the buyer can clear the state check and later run into problems on a federal query or in another state. After a successful state appeal, it is worth confirming the federal records have been updated too.
For denials tied to a mental health adjudication, federal law requires participating states to run a formal relief-from-disabilities process. An independent decision-maker hears the petition, the applicant can submit evidence, and if relief is denied the applicant is entitled to judicial review.8Bureau of Justice Statistics. NICS Improvement Amendments Act of 2007: State-Level NICS Background Check Procedures