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Old September 10, 2010, 03:51 PM   #1
Moccw
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Nics Denied Me ***???

I went to my local gunstore today to buy a pistol i have been eyeballing, after I filled out my paperwork, I was suprised to find out that I had been denied. No blemishes on my record at all. I had my local sheriff run a check on me, he said there was nothing. I am just wondering. Have any of you had this happen lately??? How long for appeal to take place? I just bought a 870 last friday, and everything went great. I double checked that There were no errors on paper work, and the woman at the nics center, told my dealer( she strongly urged me to appeal this) I am lost as to why this would happen, I have my ccw in MO, any suggestions??
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Old September 10, 2010, 04:16 PM   #2
Slamfire
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I am not an expert on the NICS appeal process, but here is where to start.


http://www.fbi.gov/hq/cjisd/nics.htm

http://www.fbi.gov/hq/cjisd/nics/nicsbw2.pdf

Until you clear yourself the system will always reject you from hence forth.
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Old September 10, 2010, 05:46 PM   #3
357 Python
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Could it be that your state has a one gun a month type of law in effect? In Virginia where this crap started it applied to handguns. Your state may have expanded on it to all guns.
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Old September 10, 2010, 06:01 PM   #4
dogtown tom
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Quote:
Moccw I went to my local gunstore today to buy a pistol i have been eyeballing, after I filled out my paperwork, I was suprised to find out that I had been denied. No blemishes on my record at all. I had my local sheriff run a check on me, he said there was nothing. I am just wondering. Have any of you had this happen lately??? How long for appeal to take place? I just bought a 870 last friday, and everything went great. I double checked that There were no errors on paper work, and the woman at the nics center, told my dealer( she strongly urged me to appeal this) I am lost as to why this would happen, I have my ccw in MO, any suggestions??
I don't understand this sentence. Who told your dealer what?

Your dealer should have given you a NICS Appeals brochure and your NICS transaction number. Contact NICS by letter, fax or email and they will respond within five business days with the reason for your denial. NICS cannot tell your dealer the reason for the denial.
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Old September 10, 2010, 06:02 PM   #5
maestro pistolero
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Do you have a common name and/or did you put your SS# on the form?
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Old September 10, 2010, 06:59 PM   #6
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I had this happen to me for years, until they came out with the UPIN. I have an extremely common hispanic first and last name. I had also been born and raised in big cities with a very large amount of Latinos, Miami and NYC. It always sucked cause I would have to get finger prints for the appeal and it always took 4-5 weeks in Miami for the results to get back. I had my CWP, but the BC is done by FDLE and the CWP is done by Dept of gaming and licensing. So it was a different system. So by that I would just hold the letter until I saved up to buy 2 guns. Now I have the UPIN there is normally await but the wait is like30-45 mins to run the BC instead of the average 5-10 min. Which is way better than the weeks. So I would say get the UPIN. Hope this helps.
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Old September 10, 2010, 08:08 PM   #7
BGutzman
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I get a hold every time I purchase a gun and it always clears within 3 or 4 hours. I have no idea of why this happens every single time but my record is a clean as it could ever be.

I suspect because my younger brother has a long rap sheet of minor stupidity punctuated by felony bad check writing ($20 check or some stupid thing) I get a extra look over.

The other possible thing is they are checking my military service record to determine if I have a honorable discharge, which of course I do since Im retired military.

Who knows but 3 or 4 hours later I am always good to go, its just a pain.

In your case who knows maybe someone is using your identity or there are more people with the same name. Certainly the advice to file the appeal is what I would run with.
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Old September 10, 2010, 08:43 PM   #8
engineermike
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Moccw,
You may want to read this thread from a while back http://thefiringline.com/forums/show...ckground+check. I believe there is an email link that you can use that will will put you in contact with the NICS. But you may just want to go a try to purchase the gun again and see if you get denied a second time. Contacting the NICS is the only way you will find out why you were denied, but they will have to send you a letter due to privacy. The back ground check is nothing more than a name check and if you have the same name as someone who likes to yell at kids and kick cats then you are in for more trouble down the road. You can go on the internet and and check out your county/state court records and see if people with the same name have criminal records. I finaly decieded to send my information (Finger Print Card) to the FBI and was put on VAF and given a unique id number that I can put on the back ground check application. I have not used it yet so I can not tell you how well it works. So go through the appeal process and find out why you were denied and go from there.

Mike

I hope the link to the thread came throught?
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Old September 10, 2010, 08:52 PM   #9
n7qvu
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To OP:
Quote:
There were no errors on paper work
NICS never sees the paperwork, so how do you know there wasn't an issue with conveying info to NICS. Did the FFL call it in or did they do an e-check from their computer. Sorry, but if you just passed a week or so ago, then there could have been a typo or translation error somewhere.
Just trying to help...
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Old September 10, 2010, 09:00 PM   #10
Technosavant
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Quote:
Could it be that your state has a one gun a month type of law in effect? In Virginia where this crap started it applied to handguns. Your state may have expanded on it to all guns.
Missouri has no such laws. I could head to a shop tomorrow and buy armloads of guns, and the only authority who would say anything about it sleeps next to me (and as such, I take her VERY seriously ).

MOCCW, if you did not provide your SS# and you have a common name, that is likely why; they might well have you mixed up with somebody else. It stinks, but this is one of those times where more information helps identify you more uniquely.
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Old September 10, 2010, 09:03 PM   #11
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Quote:
the woman at the nics center, told my dealer( she strongly urged me to appeal this)
Your answer lies in that.

When the dealer calls in the NICS check, and gets a denial, he's not told why. It's not his business.

(However, if NICS asks the dealer to read off your address to them, you're in hot water.)

In other cases, the operator will strongly recommend to the dealer that he instruct the customer in the appeals process. This usually means the operator has to deny the sale given the information (or lack of) at hand, but that the operator has reason to believe that the denial may be in error.

Chances are, there's a paperwork error somewhere. The appeal process should sort it out.
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Old September 10, 2010, 09:12 PM   #12
ir3e971
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Be sure to appeal.

Appeal. This happened to me in Florida.

It took 3 months to straighten out. Several conversations with the Florida LE folks who run the check told me that if several pieces of information match you are delayed or denied. For example: last name, first name, birthday will get you delayed if these match someone with a felony. All the other information (Social, etc.) will not matter.

So if you have a common name, you are more likely to have problems.

I now live in Virginia, and I just get delayed almost every time. Sometimes for an hour, sometimes for two days.

Good luck, I know you are frustrated and concerned.
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Old September 11, 2010, 11:27 AM   #13
zombieslayer
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I have a common and somewhat comical name, and got denied once. Appeal. You only have 90days. These things happen. One more reason to NEVER PAWN A GUN! You may not get it back. Clerical mistakes happen. Its a side-effect of a bureacratic system.
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Old September 11, 2010, 12:02 PM   #14
leathermarshmallow
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I have had problems like this. There is a known felon in Michigan that has my same name and same date of birth. I have had numerous problems with work applications and firearm purchases because of him. We are of different races and of course have different SS numbers. That is the only way that I have had it cleared up...even though I have never lived in MI.
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