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Florida Gun Owner Jailed 14 Days After NICS False Denial

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Estimated reading time: 3 minutes

Imagine being arrested, jailed, and forced onto an ankle monitor. Not because you committed a crime, but because the federal government’s background check system got your record wrong.

That’s exactly what happened to Florida gun owner William Brewer, according to a recent report from Gun Owners of America (GOA).

Brewer spent 14 days behind bars and another two weeks on an ankle monitor after the National Instant Criminal Background Check System (NICS) allegedly misidentified him as a convicted felon during a firearm purchase.

The error stemmed from what GOA says was a mistaken match involving a decade-old misdemeanor case in Kentucky.

A False Denial Turns Into an Arrest

According to GOA, Brewer had legally purchased firearms for years and held a concealed carry permit without issue. That changed when he attempted to purchase a firearm after moving to Florida.

The NICS check reportedly flagged him as a prohibited person. Under the NICS Denial Notification Act, federal authorities notify state and local law enforcement when certain firearm purchase denials occur.

Brewer was subsequently arrested. Despite repeatedly telling deputies he was not a felon and legally possessed firearms, Brewer says he spent two weeks in jail before authorities determined the denial was based on incorrect information.

“I was in jail exactly 14 days,” Brewer said during an interview highlighted by GOA.

Even after questions emerged about the accuracy of the denial, Brewer says prosecutors initially sought conditions including an ankle monitor before eventually dropping the case altogether.

GOA Blames NICS Errors

GOA argues Brewer’s case highlights a larger problem with the federal background check system.

The organization points to research from economist and gun rights advocate Dr. John Lott. Lott has long criticized NICS denial statistics and the FBI’s claims regarding system accuracy.

According to figures cited in the video, NICS generated more than 116,000 denials in 2023. Yet only a handful ultimately resulted in criminal convictions.

SEE ALSO: Federal 6.5 Creedmoor +Peak: A Faster Creedmoor Without a New Rifle

GOA contends those numbers suggest many denials involve mistaken identities, inaccurate records, or other administrative errors rather than prohibited persons attempting to purchase firearms.

Critics of the system argue that false positives can have life-altering consequences. Particularly when law enforcement acts on erroneous information before an appeal process is completed.

House Passes NICS Transparency Bill

GOA highlighted recent passage of legislation sponsored by Rep. Thomas Massie that would require additional reporting on NICS denial outcomes.

Supporters say the measure would provide greater transparency regarding how many denials actually involve prohibited persons versus mistaken denials.

GOA backed the legislation and says it is actively lobbying for Senate approval.

The organization ultimately wants Congress to take a broader look at the background check system and what it views as significant accuracy problems.

A Warning for Gun Owners

For gun owners, Brewer’s story serves as a reminder that a background check denial can carry consequences far beyond being turned away at the gun counter.

In Brewer’s case, a government database error allegedly resulted in a month-long legal ordeal before authorities acknowledged there was no case to pursue.

Brewer is now reportedly pursuing legal action against the sheriff’s office involved in the arrest.

Whether lawmakers choose to reform NICS or leave the current system intact, his case is likely to become another example cited by those of us who argue that government mistakes can have devastating consequences for otherwise law-abiding Americans.

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