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Old July 12, 2016, 06:11 PM   #1
ncgunnin
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Looking for insight on NICS denial and subsequent re-check

Hi All-

I'm new here and hoping for some specific advice regarding a recent NICS denial purchasing a long gun here in NC. I was completely unaware that I fit the criteria for denial when applying but due to the fact that I only have one blemish on my criminal record I had a good idea of what it could have been. I contacted the relevant court, a district in Massachusetts from my college days, and found I had a warrant for my arrest due to some error in their system related to my arrest which then qualified me for the "fugitive of justice" clause on the form. I have since had that record corrected and should be coming up clean in the database where the offense originated. I have requested my reason for denial just to make sure there isn't any thing else I'm unaware of. The rifle is being held by the dealer currently but due to the current backlog on appeals that particular transaction won't be resolved anytime soon I imagine.

Assuming all crime record tracking systems have been updated appropriately, is there a way the dealer can call in the request to avoid the existing flag in the system or re-run me through the system ?

If I end up having to send that rifle back to the original seller can I then go to another dealer and try to purchase a different rifle? When the run me through NICS does the old previous denial trump the fact that I should now come up clear in the system?

I called the FBI NICS dept and asked these questions. The agent was hesitant in her answers but basically said that there was no way that denial would be able to go through at this point with that dealer without an appeal. She also said that if my warrant was no longer showing up in the system that she had no reason to believe I would be denied another sale at a different place. Again, she seemed hesitant, almost reluctant to give me the answers which is why I'm trying to confirm.

I'm just hoping someone can shed some light on this or could confirm some of these things. I'm not trying to flout the laws here or get in any kind of trouble, just looking to exercise my 2nd amendment rights without having to wait upwards of a year for the appeal to process.

Thanks and apologies for the wordy post
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Old July 12, 2016, 06:33 PM   #2
natman
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According to this appeals are currently running about a year behind:

http://www.guns.com/2016/07/12/long-...ppeal-process/
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Old July 13, 2016, 07:41 AM   #3
ncgunnin
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Thanks for confirmation on the backlog and that is why I'm trying to figure out if my initial denial precludes me from purchasing another rifle until that denial is out of the system or if I have the opportunity to be re-checked and cleared now that I have resolved my reason for the first denial.

Thanks
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Old July 13, 2016, 12:06 PM   #4
dogtown tom
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No law prohibits you from attempting to buy another firearm.
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Old July 13, 2016, 01:29 PM   #5
ncgunnin
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I've been continuing my own research and calling around and just thought I'd share what I have learned:

For certain kinds of denials the appeals process can be sped up drastically through your own involvement. For my "fugitive from justice" flag, all i needed to do was have my warrant released by the court. You then need to have the warrant release documents sent/faxed from the court to the Firearms Record Office of its corresponding district/locale. The Firearms Record Office will then have the NICS system updated from their end.

At least that is how it is being handled in this case. This method will clear the system throughout and I can even continue with the initial purchase I was denied from the original dealer. So what I thought could be a year long wait was really only a few weeks hassle to resolve.
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Old July 13, 2016, 03:37 PM   #6
Evan Thomas
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Well done, and thanks for sharing what you've learned.
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