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.
Table of contents
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.
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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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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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President Reagan is said to have once claimed
that the nine scariest words Americans can hear are ,
” I’m from the government , and am here to help . ”
D.J. is known to often say , ” If you want something
FOX TROTTED up , leave it in government’s hands . They
can screw up a ball bearing . ”
Are either wrong ?
$1 Million per day of incarceration + $500K per day for the ankle bracelet. Sounds about right. Of course, the local county Tax-Suckers will foot the bill.
He needs to sue that sheriff’s department into oblivion. They are incompetent.
I have been denied a .22 caliber suppressor for over 2 1/2 years. for a misdemeanor on my record from 50 years ago. These Gestapo tactics must stop. Violating my 2nd amendment rights? I had to hire a lawyer? WE are guilty UNTIL WE have to prove our innocence? DEATH to tyrants and other socialist, control freaks too !
I knew a fellow that had a common first name and last name. He was always ‘ delayed’ on purchasing a firearm.
Another fellow told me of a incident over 25 years ago.
He and a buddy were in a car with a friend, who gets pulled over by police. Cop finds some weed on him
They are all arrested and taken to jail.
He said he was released because he didn’t have any weed on him. Buy everytime he goes to purchase a gun, he either gets delayed or even denied because
NICS said he was arrested for drugs. But no charges were ever filed against him.
How is it possible FL can instantaneously lock up for a honest man on suspicion of a crime, yet take 4 weeks to clear his name? It should have take 15 minutes at best. Hope he wins the lawsuit lottery.
ABE Lincoln used the “Patriot Act” 160 years ago. Arrested 11 senators from Maryland, stole their property, kicked the wives & children to the street, NEVER charged them. IT was George W Bush that put it into law, after killing citizens (like Lincoln) because of another FALSE FLAG. Our corrupt gov’t. is famous for False Flags and “pubic serpents” that are big time FAGS.
“ GOA contends those numbers suggest many denials involve mistaken identities, inaccurate records, or other administrative errors rather than prohibited persons attempting to purchase firearms.”
Hey GOA… How about you prove and not contend! It could be as simple as those denials were in blue states who are easy on crime or don’t feel it’s worth the money to spend on prosecution. I mean you gotta figure… Blue states are pretty much ridden with crime and poor people on welfare system in the inner cities, so their tax base is pretty shitty. And if that local yocal is told not to report or go after such criminals then how will we know?
Something wrong with this story.
Man goes to Florida, tries to buy a gun, and NICS turns him down??
We don’t use NICS. We use Florida Department of Law Enforcement. I don’t see how NICS could say no when they’re not involved.
NOBODY EXPECKS THE GESTAPO…. to show up. THEY just do…. like when they need “good press” for a pay raise. WACO TEXAS 1993?
Florida is a “Point of Contact” state. Although the FDLE does the official “background check,” it does access both state and NICS databases. I suspect that FDLE got a “hit” or “flag” from the NICS database and that’s what triggered the situation. Splitting hairs, really, since NICS is involved either directly or indirectly with every state and American territory
I almost wound up in the same situation.
Someone with my name (albeit 10yrs older and a different ssn) who lived in the same county when I was growing up had been committed to a mental health facility.
NJ put their record under my ssn and whatever other records they keep of their citizens.
I have lived in PA for some years now. I have my concealed carry permit and have tax stamps on multiple suppressors.
I was denied a purchase at the range I belonged to. A day later the PA Star police wanted to talk to me about the ”incident” at the range.
I lawyered up since I had no idea what they were talking about.
Then I found out about the filing issue in NJ.
$3k later I have it all cleared up.
Thanks to shoddy record keeping, that could have been clarified immediately if someone had taken the time to check it out, I almost became a felon by no fault of my own.
Thank goodness I had the money to clear my name.
Seriously, what a cluster-f@$#.
WE sure pay BIG BUCKS for such shotty INCOMPETENCE don’t WE? STATES RIGHTS ! DEN of Corruption is totally WRONG
Not salty about it all after a good 5 years.