Denied firearm purchase

I don't think brian6839 is going to come back. If he reads this thread and knows the real reason he was denied, he will never check this site again....

But if you do brian, is 68--39 your BD and age? It almost matches... You can't expect to ask a question like this, in a place like this, and get us to pet your ego and say it's OK... We only play legal here, wether we like it or not. Laws are the Law... We follow the law so we can use our rights.

I'm not knocking the OP'er if he has been the victim of a legit mistake, I would fight it till the end, as many have suggested. I'd make a big deal out of it untill it was resolved, a real big deal....

Post again,,, many have asked for more info. Many have said you are leaving something out. Most of us here know what we're talking about..

So?

Here's a little story that fits in this thread;

I was born in NY, I have lived in VA, OH, NY, and now in NC since then, in order... I buy guns. Handguns, RIFLES, shotguns, you name it, I've bought it...
Sometimes the check takes longer than "normal", I always tell the dealer this in a friendly way while filling out the forms. Most times it goes right through, first time they call. Once, in VA in 1997, while buying a handgun, it took more than an hour... I've learned to find out what time a dealer closes before I even walk in the store. I have even told a few over the phone that the check sometimes takes a while because I was born out of state, they ALL have said "just come on in"....
 
To correct a couple of post, 1st if you have an open D.V. charge you can't legally purchase. 2nd in many states to day if L.E. responds to a D.V. call some one has to go to jail, usually the male. These laws have quietly been passed to protect children and abused women who won't press charges.
 
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.
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Probably because the information is under a "Privacy Act" protected status. I work at a government agency and have had wives calling to request data on a spouse. Cant release it to the spouse even, I may personally know the spouse but still cant release it. If I release the information I could be legally liable even if the intentions were good.

Plus I think those that the national check gets called into may be a government contractor. I bet they just punch in the data and they either get a yes or no answer and it might not even show them why.
 
It's government at it's finest... I can't believe the

system even works half the time but it does.

I'm still a little peeved about someone saying...so getting a CCW is a way for criminals to get around the background check. When you send in all that info... including two sets of fingerprints and a list of any and all arrest and conviction, including traffic violations, do you think they just let it slide? I suspect someone does somemore serious checking and it's not just punching a few numbers and names in a computer data base and waiting for a yes or no.

but then I can't see how an arrest has anything to do with it. A conviction yes, arrest no. I thought our legal system says you are innocent until convicted?

As for the advise to contact a criminal lawyer, two things:

First, the poster might not have the 1000 to 3000 dollars the lawyer will ask for as a retainer.

Second, why does he need a criminal lawyer if he's not a criminal?
 
As for the advise to contact a criminal lawyer, two things:

First, the poster might not have the 1000 to 3000 dollars the lawyer will ask for as a retainer.

Second, why does he need a criminal lawyer if he's not a criminal?
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Ta daaaa!!!

Somebody gets it. Even though I have given that same advice, it's only because I know it's the way it should be done. Of course you are entitled to get your gun if you are inadvertently denied. It is simply tough luck that you have to pay the lawyer to purchase your own rights back.

As I said, I have a screwup that connects my identifiers with an actual criminal's rap sheet. It is so obvious that any idiot can see what happened at a glance, so I have survived a traffic stop and numerous contacts with the police (that I initiated) unscathed. But to give you an idea about the risk of running across someone so very stupid in the system, I have been referred to as "Mr. Summons" by the county clerk, with them insisting that was my name until I argued them into looking at the web page and actually READING it to see that the "Activity" was "Summons", not my name.

The prosecutors in the crime I'm a victim of and I now jokingly refer to me as Mr. Summons.

If you have an inadvertent connection to someone's rap sheet, the entry may not be so obvious. At that point, and at your expense, you will have a lot of splaining to do, either to get a gun or to get out of jail.

Yes there are simple procedures. If they worked, we'd all be OK except actual criminals. But as my boss says, if frogs had wings they wouldn't bump their asses when they land.
 
go back to a different Wal-Marts, fill out a new appl. being real careful to cross every T and dot every i ., send it in and wait, maybe there was a mistake when your appl. was read or filled out>, you have nothing to lose and everything to gain.
 
Protection Orders

This is from my copy of an attachment to a protection order my mother had served against a sleezbag stalker. This says that whether a protection order affects your gun rights is dependent upon who the pettioner is:
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http://www.washingtonwatchdog.org/documents/usc/ttl18/ptI/ch44/sec922.html

I doubt if there's ever been a thread that screamed louder for the application of Occam's Razor than this one!
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I really hope I'm not the only one here that had to look that one up.:o
 
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Ok people i e-mailed the FBI and have recieved my voluntary appeal file with the fingerprint card. I still havent been told why i was denied but i quess i will find that out when they respond to this. As i said before i have no felonies and never been convicted for dometic violence. Some of you think i am not telling the whole story. I can tell you when i was younger i had a couple public drunks and a dui . All this occured 17 years ago. Anyway let me get this vaf file completed and in the mail and i will keep you all posted as to what happens.
 
Resurection

I am going to resurect this thread for a simple reason:

I am at the same point in the process that the original poster was when the thread died.

BackStory:

Nowhere near my first firearm purchase. Last successful transaction less than 48 hrs. before denial. No changes in record that I know of in that time. The only reason I can think of for the delays that happen everytime I purchase (some delays are less than 1hr, one went all the way to the 3 business day limit, all have been approved before now) is a General Under Honorable Conditions that some poorly trained individual may misread as "Not Honorable".

Skip to Now:

Ordered a lower and was delayed then denied (first time for everything...).

I have sent the initial letter to the NICS Investigative Bureau and received the fingerprint card and VAF offer.

Is there anyone here who has been past this point in the process who can tell me what is going to happen next? Is the VAF a good thing?

Also, what does this mean for the firearms I currently possess? What about the ones my wife owns? Should they be legally transferred to a third party until this is complete to stay in compliance with the law? Am I asking too many questions in one post?
 
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It looks like you have some sort of Domestic Violence conviction. There are a number of misdemeanors that are DQ's in a NICS check. Go to the court where you were convicted and get a print out of what you were charged with and convicted of.
 
nobius: Nowhere near my first firearm purchase. Last successful transaction less than 48 hrs. before denial.

Ordered a lower and was delayed then denied
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Jets2007: It looks like you have some sort of Domestic Violence conviction.
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Just out of curiosity, Jets, how did you arrive at this conclusion?
 
NiCS

I have a customer that just went thru this he found out that someone had stole his Identity. Turned out to be quite a mess. The way he found out was he was denied a CCW permit and when he contacted the FBI which was what he was instructed to do is how he found it. This turned out to be done way back in 1977. Sounds like the same thing possibly just happened to you.
 
Possible Mistaken Ident / Stolen Ident

First and foremost: NO!! I do not have anything even remotely resembling a domestic violence conviction. The OP may have, I do not know. I resurrected this thread instead of starting a new one, maybe that wasn't the best of ideas.

As far as the mistaken / stolen identity thing, that is what I am leaning towards right now. I have a fairly common name, as well as being a "Jr". I have had a drivers license renewal held up in the past when my father's record got tied to mine somehow and set everything all sideways and upside down.

I just returned from mailing my fingerprints along with a notorized copy of my DL and SS card to the FBI, hopefully this will clear things up.

I will post updates as I get them.
 
Nobius, I had a very similar experience. I was denied purchase the first time I bought a firearm. Immediately filed an appeal and was no longer denied. Turns out a sex offender in another state had the same name as me (I opted not to put my SS# on the application). Apparently that's all it takes for an initial denial.

So if you ever get denied, try the appeal process.
 
A co-workers mom answered the door one day to find two police officers outside it with an arrest warrant. She was arrested and taken to jail. The only problem is when she was booked in is that she was white and the person in the warrant was black with a different physical description. Turns out it was identity theft.

My wife went to renew her drivers liscense and found out that she had an arrest warrant out. After researching it the clerk that input the original stuff had committed a data entry error.

So mistakes do happen.
 
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