Denied at the background check

Like any other bureaucracy, each little dept. only knows what it knows, and they don't share with each other, except as prescribed by their procedures.

I do not believe (based on the info given) that you were denied. What happened is that you were not approved. It is not the same thing, although it has the same effect, in that you don't get the gun that day.

Anything that "flags" your name will result in a delay. Not a denial. That is most likely what has happened. Confusion with another or the same name is the most common cause, but there are many others. I have a friend who found out he was "flagged". The reason? He held a govt. security clearance! Once he went through the appeal process, so that the reason for the flag on his file was explained to the people giving the approval over the phone, all his subsequent purchases went through OK.

You see, when they call it in, the clerk on the other end of the phone punches up your file, and all they see is either flagged or not. No flag means an automaticm approval. A flag on the file means something has to looked at. In many cases, a delay so they can look at the file is cleared up, and you are approved a little later. It may be minutes, or could be days, depending on a lot of factors. Going through the appeals process means they have to clear it up, and once that happens, it is noted so the next time, the same thing won't happen again (or at least, that's how it should work;)).

Don't let this pass. Get it cleared up.
 
44 AMP said:
I have a friend who found out he was "flagged". The reason? He held a govt. security clearance!

I'm trying to be surprised by that... but after working for the federal government, it would almost be more surprising if they DIDN'T do something stupid.
 
I have a common name..about as common as it gets...and the two times that I didnt put my ssn...are the only two times that I was delayed... tho may be coincidence.
 
DiscoRacing is a common name?:) Well I do live in Oklahoma but I have to say the "Denied" and "Delayed" are two destinct and different words, even with the accent. I have yet to be contacted by the dealer that he can sell me a gun, so how many days does one have to wait if delayed. I do however hold a federal license and I do see where that could have flagged me but not denied me for a purchase of a hand gun. I did recieve notice from the goernment that my appeal is being looked into and I will have written notice withing five working days. I'll let everyone know what the outcome is.

Mike
 
For sure let us know next week when you get the good news...

it will be interesting to find out if 'they' actually tell you what the problem was and if you were denied or just delayed....

It is too easy to get bogged down in this.... too many employees just doing their job... which specifically requires them NOT to think.... but follow the rules.
 
Mind you, I've never been through the process myself..

But I think that if you are delayed, there is a set number of hrs/business days that can pass, and if the dealer has not heard from NICS that you are denied, he can sell you the gun.

You need to check on that, but I think thats how it works. And if the NCIS (or whoever) does say DENIED, then there is an appeals process.


I always get them confused NCIS, NICS? Which one is the TV show?:D
 
I got my letter from the Department of Justice this afternoon. It says my criteria has been identified as someone who was sentenced to a jail term. If I want the appeal to continue I will have to submit my finger prints to them, they did send me a postage paid envelope to put the finger print card in and mail back. I go the the county Sheriff's office next week to apply for my conseal and carry permit, so I will have them put my finger prints on the finger print card that was sent to me and mail them in.

It would be quit the irony if I could carry a hand gun but not be able to purchase one.:) Or worse case the OSBI will not approve my back ground check that they have to do. Oh well, I guess justice never ends.

Mike
 
Go through the hoops and get a Unique ID Number. It's easy as pie, and takes a month or so. That's just about the only way to make sure you don't get mixed up with someone again.
 
Don't know about your state.... but in S.C. once you have

a permit there is no longer a back ground check when buying from an FFL.... your permit number is all they need.
 
Good to know Blume, as a matter of fact today is the day i go to the sheriff's office and apply for my conceal and carry. (I assume that is what you mean by permit?) After getting my finger prints taken for the c&c I'll have them make me a couple of extra finger print cards (I have to send them back to the FBI to further my appeal) and mail all my information, requested by the FBI, so my appeal can continue. I think it will be quite the conversation at parties that "I can carry a gun, I just can't buy a gun.":) We'll see how it all comes out. But so far they still have not told me why they have denied me.

Mike
 
They did not say what my o-fence was that I would have served two years for. If I was gone for 2 years then my employer is gonna be really mad for that time they paid me.
 
They didn't say you (or your evil clone) were imprisoned for two years. Any conviction that COULD have resulted in you being sentenced to more than ONE year in jail would disqualify you from purchasing a firearm.

If you pled guilty or were convicted of felony serial mopery which carried a maximum eighteen month sentence then you are ineligble. Even if you had all but one day suspended from your sentence, you are ineligible.

So far, I've only had one customer get a "deny" on his NICS. He received a first offense DUI ticket that was later dropped. He shouldn't have been flagged as the maximum penalty for first offense DUI in Texas is not one year or more. He got his "deny" the first week of October, 2009 and his appeal was not granted until March, 2010. Yep, five months because some database showed an unresolved charge.

Good luck with your appeal!
 
engineermike did not get convicted... some one with the same name did...

and the part about convicted of a crime that can get you a year or more is not actually always true....

I was convicted of a crime way back in 1978 that could have landed me in jail for way more than a year...

I can legally own guns and have a permit to carry...

but I'd bet you good money if I tried to go through the NICS back ground check there would be a problem.... a long time ago I did try... back when there was a waiting period and it got denied....now I just have to show my CWP card.

I'm still trying to find out if your having a permit would bypass the NICS check when buying a gun at an FFL in Ok
 
I would suggest NOT giving your SSN unless a NICS check is necessary.
Your SSN will be on file(4473) with that FFL for 20yrs and one doesn't know what kind of security is provided for that piece of paper.
 
When I started this adventure it was all about buy a hand gun, now it has turned into a mission. I did look into the court system in the state that I live in (As far as the internet would let me go) and I did see where people with the same name as mine are in or had been in serious trouble with the law. I am expecting this to take some time to clear up if it gets cleared up. I am interested to see what the solution will be if my appeal is granted and I am not the person they thought I was, will they come up with a fix or will all this be for just the purchase that I tried to make. After 30 days (If I'm right) if I want to purchase the gun that strarted all of this I will have to go through the background check again and then what, will I be flagged again? I have applied for a conceal and carry license on the same day I mailed in my finger print card to the FBI so I will see what the states background check comes up with. "I'm to far in to pull out now".

Mike
 
Go through the hoops and get a Unique ID Number.
River said the above in a previous post.

The Form 4473 has a place to add this UPID in block 9.
This UPID should(per instructions) provide "info maintained by FBI" to assist in your future purchases to be approved.

Sounds like when appealed, it will allow this info to be kept by FBI. Remember all info related to a purchase has to be deleted from FBI w/i so many hrs(24?).
 
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