Thread: denial/appeal
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Old October 13, 2010, 01:48 PM   #13
dogtown tom
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Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,062
Quote:
RonT: ...when i move here...
Where is "here"?
It would help to know your state of residency as some states do not deal directly with the FBI NICS, but with a state agency.

Quote:
RonT by the way i did send in finger prints with my first letter so they can make sure its me. i have a print out of the chronological case summary from the courthouse in the given county where it clearly shows my disposition and everything. is this even worth mailing in to them since it is not the original certified documents with an embossed agency seal like they require? probably not right?
I assume this "first letter" was a NICS appeal? If you didn't send them what is needed you will sit there without a gun for a long time. If you know they require "original certified documents with an embossed agency seal" why the heck are you asking us what is wrong???? YOU DIDN'T FOLLOW INSTRUCTIONS.

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g.willikers:...But for something as important as this, you should really not be asking anyone other than an experienced lawyer.
For a NICS appeal a lawyer is not needed and is a waste of $$$. When a purchaser is denied by FBI NICS they are given information on how to appeal that determination. Usually it includes fingerprints and a certified copy of court documents. If the documents or prints provide the FBI with proof of identity or information showing that the individual was denied in error, they will issue a "proceed" for that transaction. The purchaser can choose to allow the FBI to keep a Voluntary Appeal File open for future firearms purchases.
If the appeal is denied due to information on the court documents then a lawyer would be needed to correct any errors in those documents.

Quote:
RonT the letter i got states "either you or another individual with a similar name and/or similar descriptive features has been matched with the following federally prohibitive criteria...

i was convicted in 2002 of a class A Misdemeanor (maintaining a common nuisance) not exceeding one year. I'm not a felon and have no domestic violence, so i should not be dealing with this crap right?
Read the bolded portion above. It may not be you, but you'll have to deal with it.

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RonT i wonder why i had no problems buying guns in 09' (just a two day hold) and now i get denied, nothing has changed on my record.
The FBI NICS database is at the mercy of city, county and state databases- information from your court may have not been entered in a timely manner.
And as noted above it may not be you, but someone with a similiar name or description.

Quote:
BarryLee An attorney is really the best way to proceed. I heard someone state that you can petition to have your record expunged in certain situations. Only an attorney can tell you what if any real options you have.
Nope. Paying an attorney at this stage is a waste of money until the OP submits his fingerprints and documents to the FBI.
If his appeal is denied THEN he will have need for an attorney.
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