Maybe you can give me some advice....back a few months ago I decided to buy a new shot gun from an out of state online source. The gun was purchased and was sent to an FFL dealer where I had specified for the transfer of the firearm. After going through the required paperwork , the dealer made a quick phone call to whomever he had to ...and he told me I was denied for the purchase. I have never been convicted of any felony. It sure made me feel like dirt though. Is there any advice you can give me to find out why this happened? I really feel that my constitutional rights have been violated, and it upsets me to this day. I am an avid hunter and sport shooter as well as a responsible law abiding citizen... Anything you could recommend would greatly be appreciated....My reply:
I'm not a lawyer, so take everything I say with several grains of salt.Please feel free to educate us both in comments.
There have been mistakes in the system--I'm assuming it went through NICS--perhaps your name is similar to someone else's. I remember reading where Teddy Kennedy was accidentally put on the "No Fly" list.
And you don't need to be a felon to be a prohibited person. Misdemeanor domestic violence will kick you out, as will a dishonorable discharge, and some other reasons...If there's anything in your past or present--like a restraining order, commonly issued in divorce proceedings as a matter of course, even though you didn't do anything wrong, you don't even want to touch a gun--at least in front of witnesses.
I can ask around, and I will--I'll post this on WarOnGuns, keeping your name totally anonymous, of course. Perhaps we can get you in touch with a friendly dealer who can run a check for you and see if your name kicks out again. If it does, the only other thing I can suggest is to get a lawyer to help you get to the bottom of this.
UPDATE: Here's the FBI's appeal denial procedure brochure.
6 comments:
I have had exactly the same experience. The dealer should have provided you with booklet describing how to go about the appeals process. If you believe that this is mistake, then it is your best interest to follow the appeals process.
NICS is a name match based system, if you have a common name it is very likely that you will be denied because the NICS operator is given no latitude to do any cursory checking, only allowed to deny. Denials can and are sometimes forwarded to the local BATF, so again it is in your best interest to appeal the denial.
You will more then likely need to get fingerprinted at a local LEO, but you will need the card sent by NICS, so you must wait for them to respond. If it is a case of mistaken identity, then you will have the option of allowing NICS to save the record at your request and provide you a pin to speed the process next time. All records are destroyed after 30 day (supposedly), so you may want to do this PIN process to allow them to identify the previous investigation.
Not many people appeal there denial, I did an won - NICS did not tell me about the PIN, and I did not know about it -- so after several more purchases, I was denied again -- this time I was more educated, so I requested the PIN. Sucks, because this is defacto registration, I am not happy about it, but it was the hoop I had to jump through.
If it is not mistaken identity than you will be responsible for contacting the agency that is holding the incorrect record, and having them change the record. I did not have to do this, so I really have no experience -- I can imagine this might be difficult.
The process for me, a case of mistaken identity, took 4 months the first time, and 6 weeks the second time.
Go back to the FFL that did the NICS check. Ask for the "Guide For Appealing A Firearm Transfer Denial" form. They should have offered you one at the time.
Make sure they put the NTN code on the form. Read it and follow the instructions. US mail is the best method to appeal. Keep records. Good luck. AJK
Great comments--thank you.
AJK, I found the brochure you referenced online, and have updated this post to include a link.
A similar thing happened to me less than a month ago. In my case it was a barreled action, ie, not fireable, but legally still a weapon.
It turned out to be only about 90 minutes before the FFL tried again and had it go through. My name isn't terribly common, so I am operating under the premise that one of my letters to my congresscritter or a HuffPo or similar comment has made someone take notice. In reality it was probably a newbie at NICS or the computer burped, but it had the effect of my becoming much more focused about my ammunition stock. I've also made sure that I have two complete functional rifles in each caliber and a full set of spare parts.
use your SS #?
(Don't throw things, I'm just asking.)
I have a (old, old, old) juvenile record for joyriding (prior to the 1968 GCA) on my record, and was denied a gun some time ago. The conviction was set aside in 1965, and my civil rights were fully restored. I went through the denial procedure with the FBI. It took three months, some additional expense on my part (but not anything like what a lawyer will charge), and i was finally told to pick up my gun and that the hold information had been expunged from my file. I have purchased guns since, and breezed through the process without any additional problems.
Sometimes the process works as designed, so try it out. That this b******t is on the books is a sad commentary about the times in which we live, and that I've felt somewhat violated by it is a given, but, again, it'll have to do until we can get the JBTs out of our lives forever.
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