Department of Public Safety - Denial

[tas237]

Hello all. I just joined today becasue I enjoyed reading these forums and I have a topic that I could use some advice on. I know there are threads regarding similiar situations but I am very frustrated.

I am a registered handgun and long gun owner in Nevada. I have several handguns and many long guns.

Last month I purchsed a Springfield Armory XD-9 and received a "proceed without delay" when the background check was conducted... waited the 3 mandatory days and picked up the pistol.

Recently, I have decided to start refinishing some older beat up guns that I would purchase through online auctions (rebluing,parkerizing, custom homemade grips, etc.). I won an auction for a Beretta 92f for under $300. It was in good overall condition with a few scratches on the slide and frame (nothing I can't repair). I paid for the firearm which was shipped to an FFL nearby (where the local range is).

When the pistol arrived I went down to pick up the gun. I showed them my prior registration card which is "supposed" to circumvent the 3 day waiting period. After they submitted all the info and made the request through th NV Dept of Public Safety and the NICS it came back delayed and I was told by the FFL that I could pick the gun up in 4 days. I was frustrated here with only a 4 day wait ahead.

This morning, I received a call from the FFL informing me that the Department of Public Safety had contacted them and told them to DENY my request.

Now I have to fax them a request to obtain information on why the request was denied and that I would receive the info from them in a letter format within 5 WORKING DAYS! After that I can appeal the reasoning which can include several ridiculous steps like having to get fingerprinted and appealing errant criminal records in the FBI database. I was also told it could be something as simple as an unpaid traffic ticket!

Has anyone else had to go through this much non-sense when purchasing a firearm?

I understand the need for backgroung checks but when someone passed with flying colors a month prior and is now denied... well that just seems silly.

Any advice would be appreciated.

[Brian Pfleuger]

I was also told it could be something as simple as an unpaid traffic ticket!

Do you have unpaid tickets?

Seems mighty odd that one month ago it was fine and now delayed, unless it is something like a ticket that has caught up with you since then.

[maestro pistolero]

This is rare in Nevada. There is obviously a mistake. Please let us know what you find out, and good luck.

[KLRANGL]

Everything has its mix ups and mistakes, including (read: especially) the government. Just know that it could be worse, and there is light at the end of the tunnel.
Good luck

[David Armstrong]

Any advice would be appreciated.

Don't get excited, don't worry, do whatever they tell you to do in the timeframe they tell you to do and do it exactly the way they tell you to do it. Sounds like a snafu in the bureaucracy, which means you have to jump through the bureaucracy hoops to fix it.

[tas237]

So the letter came back from the Dept of Public Safety.

Apparently, a warrant was issued for somebody with the same name (common name - Smith) and birthdate for felony cocaine posession in Detroit.

I have never been to Detroit, but here's the kicker... the only info on the warrant is the name and DOB... no physical description, no address, no social... nothing.

In my opinion this is an extremely irresponsible performance of duty to issue a warrant for a common name in this manner - rather stupid actually.

I had to get my fingerprints done and ship them off to the Dept of Public Safety to try to alleviate this. The local police told me that if Detroit doesn't have fingerprints on their fugitive then the fingerprints may not work for me. I may have to file suit against the Wayne County Sheriff's office and the 3rd appelate court to have the improperly administered warrant removed.

Also, this warrant is 3 years old... it didn't affect my handgun purchase 6 weeks ago. Very irritating.

[Kreyzhorse]

I had to get my fingerprints done and ship them off to the Dept of Public Safety to try to alleviate this. The local police told me that if Detroit doesn't have fingerprints on their fugitive then the fingerprints may not work for me. I may have to file suit against the Wayne County Sheriff's office and the 3rd appelate court to have the improperly administered warrant removed.

What a PIA. Let us know when you get this cleared up. Good luck.

[maestro pistolero]

The local police told me that if Detroit doesn't have fingerprints on their fugitive

What exactly DO the Detroit police have on Mr. SMITH? How about a SS#, the town in which he was born, mother's maiden name, ANYTHING? How does one get a warrant for a Mr Smith in the absence of other discriminating information? This is absurd.

[tas237]

Exactly Maestro.... pretty ridiculous to file a warrant with no real information.

Good news is I talked to the Court Clerk in Detroit. I have to send her a copy of my fingerprints now also. Once they compare my prints to what they have (luckily they have arrested this guy before) they will send me documentation from the State Police saying that this isn't me.

I am also in contact with the prosecuting attorney, pushing to get additional information added to the warrant... like maybe a physical desription... but this may be to logical.

[Micahweeks]

Um, I have served warrants. Many. Hundreds. Never have I served one for someone that the courts did not possess enough information on. Detroit needs to consider an overhaul of its police force if they can't get at least semi-decent info on their detainees.

If I were you, and this went on for very much longer (months or so), I would file suit.

[tas237]

I sent my fingerprints in to the Michigan State police for comparison with the understanding that they will furnish me with paperwork proving I am not this criminal. In addition, they are expected to make a notation on this warrant that the guy with my SSN and License number is not a fugitive.

[ilbob]

I had a similar thing happen to me once a while back. Was trying to get clearance to get ID card to get on army base.

County sent them a printout of all the crimials in my county with the same first and last name. Thats how their computer system indexed them. Not even middle initla or DOB. I have a very common first and last name.

To "clear" me, they have to go get the paper files. The file for this guy is missing. Took several weeks to find file is in the desk of an ASA. Guy is in local loony bin. Not me. ID card issued.

[svaz]

I also have a very common name and around these parts some of those who share my name have a long history of misbehaving. When I picked up my new Cougar yesterday I caved to my fear of failing a NICS check and put down my social. It's not an unfounded fear as I have played 20 Questions many (many many) times w/ Customs when I come back from business trips overseas.

I was approved and out the door in about 10 minutes.

Yes, I know that 4473 is eternal and will, at some point, be turned over to the Feds, but even without my social any LEO who really really really wanted to identify the applicant as actually being me would already have enough info. Besides, after being in the military for 10 years & a military contractor for 5+, the gubmint knows so much about me they send me reminders that my dog needs his yearly teeth cleaning.