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Old September 26, 2008, 04:52 PM   #1
speakerguy79
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NICS question (Texas)

I live in Texas. Are records of firearms purchases or NICS checks kept? What happens if you don't pass the NICS check? Is a record kept then? Please note that I am not a felon and I am (or should be at least by my understanding of the law) able to purchase a firearm.
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Old September 26, 2008, 04:59 PM   #2
elza
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Quote:
Are records of firearms purchases or NICS checks kept?
No. (Other than the 4473 that the dealer keeps.)

Quote:
What happens if you don't pass the NICS check?
You don't get the gun.

Quote:
Is a record kept then?
No.
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Last edited by elza; September 26, 2008 at 05:10 PM. Reason: Forgot the 4473
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Old September 27, 2008, 12:31 AM   #3
Gbro
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Quote:
Quote:
Quote:
What happens if you don't pass the NICS check?
Quote:
You don't get the gun.
Quote:
Is a record kept then?
Quote:
No
.
From what I see, records are destroyed that pertain to transfers that go through. I see nothing about applications that are denied.
And furthermore, I would never bet on a federal agency tossing any info,.
Quote:
information about an inquiry resulting in an allowed transfer is destroyed in accordance with NICS regulations.
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Last edited by Gbro; September 27, 2008 at 12:33 AM. Reason: add
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Old October 6, 2008, 11:03 AM   #4
speakerguy79
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OK, a little more explanation. Several years ago I was going through a very rough patch in my life and voluntarily spent a night in a psych hospital for a severe depressive episode. After one night there it was obvious it was not at all the type of place I needed to be, and I checked myself out and went home to my family. Outpatient therapy with a psychiatrist resolved the issue. This was over three years ago.

Would this cause me to fail a NICS check? I have firearms in the home that belong to my elderly father for quite some time now and feel safe and confident that I am able to own firearms without being a danger to myself.
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Old October 7, 2008, 02:46 PM   #5
Dave Chuppa
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I believe If there is no Police Report there is no record. You should be good to go. I did a NIX Check on a person that was BY-Polar, had received help, and was on Meds., they passed.
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Old October 7, 2008, 04:56 PM   #6
carguychris
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Quote:
Several years ago I was going through a very rough patch in my life and voluntarily spent a night in a psych hospital for a severe depressive episode. After one night there it was obvious it was not at all the type of place I needed to be, and I checked myself out and went home to my family... Would this cause me to fail a NICS check?
Per 27 CFR (Code of Federal Regulations) § 478.32:
Quote:
§ 478.32 Prohibited shipment, transportation, possession, or receipt of firearms and ammunition by certain persons.
(a) No person may ship or transport any firearm or ammunition in interstate
or foreign commerce, or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, or possess any firearm or ammunition in or affecting commerce, who:
{parts 1-3 omitted}
(4) Has been adjudicated as a mental defective or has been committed to a mental institution...
The words "adjudicated" and "committed" imply action by a court. If my understanding of the law is correct, you may buy a firearm if there was no court order associated with your stay in the institution.*

*I am not a lawyer and this does not constitute official legal advice. Caveat emptor.
Quote:
I believe If there is no Police Report there is no record.
This is slightly misleading. I know for fact that you can be committed in Texas without a police report. A close friend of mine checked him/herself into a mental institution voluntarily, but was not allowed to leave because a doctor deemed that he/she was a danger to him/herself and obtained a court order. My understanding is that there was no involvement by law enforcement in the process- only the doctor, institution, attorneys, and the court. There certainly was no police report.
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Old October 7, 2008, 07:59 PM   #7
Gbro
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Would this cause me to fail a NICS check? I have firearms in the home that belong to my elderly father for quite some time now and feel safe and confident that I am able to own firearms without being a danger to myself.
Give it a try. Explain what you want to a local gun dealer, or start the process and then back out. (might upset a dealer doing that, but maybe you don't what anyone to know what you are trying to find out(have an empty check book that day))?
It is better to know where you stand prior to having a strong desire to make a purchase or the plan to go on a hunt and a new rifle/shotgun would be needed.

Now the CC application or handgun purchasing permit might dig deeper, as it dose in MN. We have to sign a release that gives the agency access to mental health records. That is over and above NICS checks IMHO.
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Old October 7, 2008, 10:14 PM   #8
Yithian
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Quote:
Quote:
Are records of firearms purchases or NICS checks kept?

No. (Other than the 4473 that the dealer keeps.)


Quote:
What happens if you don't pass the NICS check?

You don't get the gun.


Quote:
Is a record kept then?

No.
Umm Oopsie...

Are records of firearms purchases or NICS checks kept?
Yes, for twenty years.

What happens if you don't pass the NICS check?
(True.) You don't get the gun.

Is a record kept then?
Yes, for twenty years.

I sold guns in TX for five years, until 4 months ago.

Call the ATF. Your sales clerk will have a paper concerning appeals.
Two of the biggest reasons for denial is family members and identity theft.
If someone with your name is restricted from owning, the ATF will hold the "Proceed" from you, until you prove who you are.
If a judge didn't put you in the psych ward, the answer to that question should be "no". Hence the term "adjudicated"
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Old October 8, 2008, 09:53 AM   #9
carguychris
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I should have posted this too. It's out of the Definitions section, 27 CFR (Code of Federal Regulations) § 478.11, and it makes things even more clear:
Quote:
Adjudicated as a mental defective. (a) A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:
(1) Is a danger to himself or to others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
(b) The term shall include--
(1) A finding of insanity by a court in a criminal case; and
(2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
Quote:
Committed to a mental institution. A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.
Note the sections I underlined. There you have it, straight from the horse's mouth.
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Old October 8, 2008, 08:01 PM   #10
speakerguy79
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Thank you guys so much. Sounds like I shouldn't have a problem.
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