Denied firearm purchase

ThERe was a news item yesterday about the fact that recently the FBI computer system that handles it has been down a number of times recently !! Ah, Homeland Security - don't you feel more secure ???:rolleyes:
 
Step 1: Go talk to a Criminal Defense attorney.
Step 2: Listen to what the Criminal Defense attorney says.
Step 3: Do what the Criminal Defense attorney says.
 
Sometimes people who have popular names have trouble with the check and are issues conditional non approvals. Green, Williams, Jones, are examples of popular names.
 
My FFL is also a LEO and he as yet to see a denial that wasn't based on a criminal record or outstanding warrants! Not saying mistakes are not made, but in his experience the system works as intended.So I suspect there is something in your background that triggered the denial.
 
A lot of misinformation floating around this thread. Let's clear it up.

From the FBI's own NICS E-Check website:
How does an individual appeal a NICS denial decision?

When an individual is denied the transfer of a firearm, the individual may appeal that decision in writing directly to:

Federal Bureau of Investigation
NICS Section
Appeal Services Unit
PO Box 4278
Clarksburg, WV 26302-9922

You may obtain an Appeal Brochure from an FFL or online at http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm.
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From the Brochure:

# You must include your complete mailing address in the request. You may also submit your request by facsimile or by e-mail. (See reverse side for the NICS facsimile number and e-mail address.)
# You must include your NICS Transaction Number (NTN) with your written request. The NTN can be obtained from the FFL.
# The NICS Appeal Services Team (AST) cannot initiate an appeal for you at the request of another individual without your written and signed authorization.
# You may submit your fingerprints, which must be rolled by a law enforcement agency, with your initial written correspondence. The submission of fingerprints with your appeal request may hasten the appeal process for you.
# The NICS AST will respond to your written request by providing the reason for your denial within five business days after receiving your correspondence.

There's more. Go To the website above and printout the brochure. Follow it to the letter. If you think us mods at TFL are anal-retentive, you haven't even begun to scartch the surface.

In the meantime, the very fact that you have a NICS denial, means that you will be looking at Federal felony charges if you so much as touch a firearm. Take this very seriously, as it is serious.
 
There's more. Go To the website above and printout the brochure. Follow it to the letter. If you think us mods at TFL are anal-retentive, you haven't even begun to scartch the surface.
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Telling someone to be precise in their legal affairs is not being "anal-retentive". Jumping on someone, as many do, for saying "clip" instead of magazine, is being anal-retentive.:)

badbob
 
Who are they? Do you mean NCIS/FBI/Gov or Wal-mart? Wal-mart give him their reason. NCIS said to not allow the sale. That is the limit of their need to deal in the situation as his problems with his record and the government have nothing to do with Wal-Mart.

He can find out, only not at Wal-mart. That isn't their job. On top of that, does a person really want the NCIS system spitting back a return that is then repeated back to that person via one of those highly confidential Wal-Mart or other gun shop employees. Does a clerk really need to know the reason why he was denied a gun purchase?

As noted above, he needs to go to the source and find out for himself.
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The "they" I am refering to are NCIS/FBI/Gov. If "they" are going to say to Walmart (and through them Brian) that he cannot exercise his right to keep and bear an arm he has the right to know why. He shouldn't have to go through all this red tape to find out why. He should be told right then and there why he is being denied.
 
Doug, He (Brian) should know why. If you can only be denied a firearm for felony convictions, Misdemeanor convictions (for violent or drug crimes) for three years after the conviction, battery domestic violence conviction (or pending case), or a restraining order why wouldn't Brian know already. If he doesn't have one of the above then he is a candidate for appeal.
 
brian6839 said:
When i was younger i drank and fought alot but never a felon.
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Why does this remind me of Bill Murray in Stripes. "Convicted? No, never convicted." ;)
brian6839 said:
...the third time the police had to come out she ran off and they decided someone was going to jail regardless so they arrested me...
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Glad to hear that the charges were dropped. Are you sure they were dropped or was there a plea deal that didn't involve fines or prison?

Rotorhead asked the question already, there's something being left out, or it could be simply a snafu on the NICS end of things.

In the noise of misinformation on this thread one post stands out. Please follow Antipitas' advice and visit this link: http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm
 
Do you have a domestic violence charge or ever had a restraining order against you? These will disqualify you from a firearm period.
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No they won't.

A domestic restraining order will bar you from possession for a 3-year period from the date of issuance (or is is the date of expiration?) of the DRO.

A domestic violence misdemeanor *conviction* I believe will bar you forever, IINM.

Write a letter to the FBI - Attn NICS check, and explain your situation and ask for a response. Send it certified mail, return receipt requested (if you don't, then you did not send it, as a practical matter). Have a lawyer or someone you know with writing skills help you draft said letter, if you feel this is necessary. It is highly advisable.

Good luck.
 
I don't believe the entire story has been revealed here.
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I haven't read the entire thread but I agree with this statement. I worked investigations in the ARMY and you would be suprised at how many people I interviewed swore to have no record until you laid it in front of them and they say things like "oh yeah, I do have judgements for child support against me", "oh yeah, I might still have that warrant out from when I was 21", "oh yeah, I did write all those bad checks when I was 19", "oh yeah, I did get arrested for hitting my girlfriend once", "oh yeah, I was busted for killing that hooker with a pound a coke on me, but it was just that once", etc, etc. :)

It is amazing what some people seem capable of "forgetting". :)
 
Unless you know and recall EXACTLY every brush you have ever had with the law and KNOW that there are no outstanding issues, you had better take the advice below.

Step 1: Go talk to a Criminal Defense attorney.
Step 2: Listen to what the Criminal Defense attorney says.
Step 3: Do what the Criminal Defense attorney says.
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Frankly, you should take that advice even if you think you know. Some error in some computer somewhere linking you by SSN or another identifier may be the reason for your denial. That same error may flag the FBI if you make any sort of attempt to get around it. When that happens, you will be very unhappy.

I know this because my SSN was randomly picked by an arrestee and given to the police. I found this out by surprise when I did a criminal background check on myself just for fun (should have been completely clean). Anyone looking at the printout would immediately see what had happened (I won't say for security reasons, but an eyeball of "my" rap sheet makes it obvious it isn't me in a fraction of a second. That's probably why I got my CCW approved without question in 2000. The incident that put my information on this guy's sheet happened in 1972, so it was there.

So, either because you forgot the exact disposition of something in your past or because there's a records error, you might waltz in to the police station to check and find yourself in handcuffs.

Let an attorney do it for you. I've never tried it either way, but I bet it's a lot more fun to surrender with your lawyer and a plan than it is to do so by surprise.
 
So, either because you forgot the exact disposition of something in your past or because there's a records error, you might waltz in to the police station to check and find yourself in handcuffs.

Let an attorney do it for you. I've never tried it either way, but I bet it's a lot more fun to surrender with your lawyer and a plan than it is to do so by surprise.
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This is sage advice. I know for a fact my record is clean, but I still would be hesitant to walk into a police station and have them check it. If some clerical error (or incident of identity theft) has me listed as wanted in 12 states for horse theft, I'd much rather get it sorted out over the phone with a lawyer than in a jail cell hoping I'll get bail.
 
Posted By old 12 gauge -
if you've been arrested for fighting, that's an assault, voilence which is a no-no unless you've done it for the government in vietnam or Iraq, then it's ok.
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I'm curious as to what you're implying there. Care to explain that comment?

BTW you spelled violence wrong.
 
Marboroman84

I'm curious as to what you're implying there. Care to explain that comment?

not implying anything, i'm stating that if you're in the Army as i was over 35 yrs ago and fighting for the government or in Iraq with the military and commit a few assaults, it's ok, but don't come back here and pop some loud mouth side of the head because that is assault.

about the way i spelled violence, do i realy care??
 
I'm ex-army as well. The way you came off in your comment made it sound like you had something against the troops. That's a big sore spot with me. If it's not what you meant, then I apologize.
 
I'm ex-army as well. The way you came off in your comment made it sound like you had something against the troops. That's a big sore spot with me.
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You should stop chasing shadows...very few people in this country actually have anything against "the troops." Unless, of course, you confuse opposition to the war they're fighting with a lack of support for them. Which is silly, because even many of the soldiers over there don't even agree with what we're doing. I should know, I was one (Army as well).

Unless of course you're suggesting that the majority of my family (including my wife), who bitterly oppose the war (some from the very start) don't support "the troops." Or that I somehow don't support "the troops."

*sigh*

As I'm sure you can see, people who think that failing to favor the war or support the president somehow denigrates the troops is a big sore spot with me. [/tangent]
 
my sister was 16 and very rebellious so my father sent her to me well to make a long story short the third time the police had to come out she ran off and they decided someone was going to jail regardless so they arrested me but she went back to florida and never showed for court so the charges were dropped
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There's more to this story than is being told. Police just don't arrest someone for no reason. Since we don't have the entire story, and only you know what happened, do a search on the Lautenberg Amendment. See if anything in that law applies to you.
 
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