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Old August 10, 2022, 12:27 AM   #14
101combatvet
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Join Date: January 25, 2011
Posts: 593
Quote:
Originally Posted by Rothdel View Post
Good afternoon folks. I have see some NICS denial posts on here before and thought some people might appreciate my journey. I will return here to provide updates. I'm not posting to complain about the NICS system or to ask for legal advice. I will try not to speculate and keep things only to what I learned and know.

A little about my background just for reference. I'm 43 years old. I have an active C&R license and a concealed carry permit from WI. I have a solid collection of firearms although I know it pales in comparison to many here. I have purchased many many guns over the years and while I have a common name that often delays me up until now I have never received a denial. I always provide my full name First/middle/last and my ssn for all purchases. Despite having a C&R 99% of all my firearms are purchased from LGS going through the NICS system.

7/28/22 - I received my new license as I recently moved to GA

7/29/22 -1100 I went to purchase my first firearm in GA at my LGS. The gun in question (not that it matters) is a Pedersoli Howdah in 45LC/410. Pretty impractical but I like what I like and it was a birthday present to myself. The NICS check came back denied. The LGS staff were extremely helpful providing my NTN and where to go to file the appeal.

7/29/22 - 1300 I requested the reason for my denial. I immediately received an email stating that I had been denied due to Title 18, United States Code (U.S.C), section 922(g)(4). For those unfamiliar with this part of Title 18 it refers to a person being deemed mentally defective or involuntarily committed to a mental institution.

7/29/22-1400 I challenged the denial based on the fact I have not been deemed mentally defective or been committed to a mental institution. I provided a copy of my Birth Certificate, SSN, and my DL for documentation. I do not have easy access to digital fingerprints in my area so opted to wait on that. I again immediately got a response alerting me that the record that disqualified me was located in the 9th Circuit court in Glenwood Springs, CO. I was instructed that if I did not feel the record pertained to me I needed to contact the 9th Circuit and have them provide documentation to the FBI to that fact and or to update the record (Middle Name/SSN/ECT ECT) to better identify the correct induvial. Since I have never been to CO I'm confident I'm have never been deemed mentally defective or involuntarily confined to a mental institution there.

7/29/22 - 1400-1600 I speak to multiple people (all extremely helpful) and land on the desk of 2 Clerks in the 9th circuit and one individual from the Colorado Bureau of Investigations. The Bureau and one clerk run background criminal record searches on my name/birth date/SSN number and find no records that match any two of the three. Basically there are several people with my name that don't match my DOB and several with my DOB that don't match my name. None match my SSN. They both provide a letter attesting to the fact no person with my name/dob/ssn has ever been arrested or charged with anything in CO. The second clerk of courts who deals in non criminal matters did find a record with my name and DOB. Success!!!!!! In this case the person was involuntarily committed to a hospital and the only information provided was a first and last name with a DOB all matching mine. When she looked closer this individual did not have a middle initial/name entered in the system and did not have a social listed. She promised to make some additional inquiries and get back to me.

7/29/22-1630 The second clerk called back and validated the individual in question has a different middle name than me. Is currently in the hospital and they can not locate a ssn for him. She told me she had updated the record and was willing to provide a letter stating her findings. She sent this letter to me and the FBI address provided in their initial letter to dispute the denial.

7/29/22-1645 I challenged the denial again this time providing the two letters validating no criminal history for me along with the letter from the second clerk validating she had found a matching record which now contains more identity data which does not match my information.


As of 8/5/22 1530 no update or response from the FBI. Will update if/when I hear something. The LGS is holding the firearm for me pending this process. I know they can not hold it forever so I'm hoping this works out in my favor but I'm not holding my breath. I am prepared to go the fingerprint route if needed.
Are you just calling the ATF, or have you submitted paperwork from their website to dispute the denial?
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