Denied first firearm purchase. Never been arrested - appeal came back generic

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Gobo3241

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I hope this is the right place to post. I tried to purchase a shotgun from Dicks for home defense as my first firearm ever. Boom, denied. Ive never had more than a traffic ticket. No restraining order, mental health, or anything remotely close to what is on the list of prohibited people. I also have an extremely uncommon name as im an immigrant (US citizen for last 20 years). I was shocked as ive passed other criminal backround checks for work without issue in the past.

I appealed immediately after getting denied and 1.5 months later i got a letter saying that i am prohibited due to a state not federal reason. No other info. Now ive done some research and found that theyre not even processing appeals anymore. So basically I lose the 2nd amendment for no specific reason and no recourse? What can i do here?

One more piece of info is that i have lived in 4 states in the last 15 years so dont even know where to start. Anyone have any advice? My suspicion is that its an unpaid traffic ticket from years ago that i dont know about but ive always been good about paying those.
 
If you don't have any disqualifying convictions, such as a domestic assault conviction, then you probably have a similar name/DOB to someone who does.

There is a work around for that, but I am not knowledgeable enough to be conversant. Suggest consulting an attorney.
 
Thanks for the reply. Definitely no conviction... Never even been accused of a crime. Name is extremely uncommon also ( im from eastern europe originally and my name is uncommon for even my home country). Is there some kind of low cost state report that i could pay for that would comw up with more info? Id be happy to pay $20 for an answer from each state ive lived in.
 
The first thing to do before fighting this is to pay for a private background check. Hopefully it will show what the problem is. Any attorney you hire would have to do this anyway. If that does reveal the problem you can go about correcting it (clear up the name confusion or clear that old parking ticket, etc.) If that doesn't show anything then hire an attorney. I recommend an attorney with criminal and administrative law experience. So don't get the dui/divorce guy on the corner. Get someone at a larger firm with white collar crime experience and they should be able to help you.
 
how can I go about getting a private backround check? I looked online and it was just a bunch of websites that looked kinda scammy claiming to "search public records". Attorneys in my area advertise their services but want 1.5K-2K up front and the websites say they'll file a lawsuit to restore your gun rights which may be overkill. Is there a reputable service that does backround checks or can I somehow get additional details directly from NICS?
 
You might find out something by applying for a Unique Personal Indentification Number (U-PIN), which is then entered into a space on the 4473. I'm not sure if you can get a U-PIN if you had an appeal denied, but here's some information with a telephone number. You can always try calling and see what you can find out.

U.S. Department of Justice
Federal Bureau of Investigation
Clarksburg, WV 26306
Washington, DC 20226

December 15, 2004
TO: FEDERAL FIREARMS LICENSEES (FFLs)
Pursuant to the Final Rule enacted on July 20, 2004, by the Department of Justice in The Federal Register, Volume 69, Number 141, the Federal Bureau of Investigation's (FBI) National Instant Criminal Background Check System's (NICS) Voluntary Appeal File (VAF) has been established. This process permits applicants to request that the FBI NICS Section maintain information about them in the VAF, a separate file to be checked by the NICS, to prevent erroneous denials and extended delays in the future. Lawful purchasers who have been delayed or denied a firearm transfer because they have a name or date of birth similar to that of a prohibited person may also request that the FBI NICS Section maintain information about them to facilitate future firearms transactions. Under this new process, potential purchasers may apply to be considered for entry into the VAF by signing an applicant statement, which authorizes the FBI NICS Section to retain information that would otherwise be destroyed upon the approval of the firearm transaction. This retained information includes but is not limited to: a fingerprint card, court documentation, correspondence, and information contained in the applicant's appeal file if one exists. The applicant must also supply the FBI NICS Section with the reason for which they believe they would be erroneously denied or would receive an extended delay.

The application process also requires that positive proof of identity be provided by way of rolled fingerprint impressions prepared by a law enforcement agency on a fingerprint card. Additionally, the FBI NICS Section will also accept any certified court documentation that may assist in the application process. This may include but is not limited to: court documentation and pardons. Individuals may also provide Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Relief of Disabilities. This information will be retained in the VAF and will not be returned. If at any time an individual wishes to be removed from the VAF, the NICS is required to destroy their documentation upon request.

Additionally, if the FBI NICS Section discovers a disqualifying record on the individual after their entry into the VAF, the FBI NICS Section may remove the individual's information from the file. In either case, the individual will be notified by mail that their information has been removed.

At the conclusion of the FBI NICS Section's research, the applicant will receive a letter from the FBI NICS Section indicating the outcome of the research as being successful, unsuccessful or the information insufficient. Successful applicants will be provided a unique personal identifier number (UPIN) which they will provide to the FFL for all future purchases. The applicant will retain the original letter for their files. The ATF recommends the UPIN be placed in block 18(a) of the ATF Form 4473 until such time that the form can be revised.

In the future, the UPIN will be provided to the Call Center Representative during the initial background check. In the interim, all subsequent NICS checks on those individuals with UPINs must be conducted through the FBI NICS Section at 1-877-444-6427. Select option six from the automated menu to be transferred to a VAF Customer Service Representative. The FFL must state that they are conducting a NICS check on an individual who has provided a UPIN. The FFL will provide the UPIN to the VAF Representative and the rest of the process will remain the same.

If you have any questions regarding this communication, you may contact the FBI NICS Section Customer Service at telephone number 1-877-444-6427.
Sincerely yours,
Eugene W. Donaldson
Section Chief
NICS Section
Criminal Justice Information​
Click to expand...
 
Plan on spending serious coin to deal with this, but first, contact your Congressman and Senator, get them involved.

Also plan on six months to a year. Kiss your shotgun goodbye.
 
What state are you in? Are no-paperwork private party transfers legal? If so, time to hit up a gun show or http://backpage.com

You might also try applying for a state CCW permit if you're in a shall-issue state. That will ID the issue right quick.
 
Jim March said:
What state are you in? Are no-paperwork private party transfers legal? If so, time to hit up a gun show or http://backpage.com

You might also try applying for a state CCW permit if you're in a shall-issue state. That will ID the issue right quick.
Click to expand...
It would seem to me that the latter approach is far better. If, for some reason, Gobo is a prohibited person, committing a felony offesnse by purchasing a firearm even from a private seller doesn't seem like a great idea. Maybe I'm overly cautious, but it would seem to me that tracking down and correcting the issue would be a wiser course of action. Applying for a carry permit could be a good way to get to the bottom of the mystery.
 
I'm in Washington State. Also not considering gun show or private sale as options. I want everything to be on the up and up. Also... it should be my right to walk into any store and purchase a firearm - I am a law abiding citizen of this great, although in this case, mismanaged country.

So say I apply for a CCW in Washington, do they check with other states? Hopefully that would be the case and they would provide me with more info.




Another question - The appeal letter says "You may submit certified court documents pertaining to the prohibiting record, or you may submit a set of your rolled fingerprints." Its really bad form on their part to essentially say "submit proof that you didn't do something but we're not going to tell you what you have to show proof of". Does anyone know if they'll release more specific info if I submit fingerprints?
 
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You need legal advice and suggestions from the Internet are not really the best place (I know some of you are knowledgeable and want to help, NO offense).

https://armedcitizensnetwork.org/ - comes out of Washington State and can probably recommend a local lawyer cognizant of WA firearms issues.

That's where you should go.

To avoid the OP or others wandering into ways to avoid the problem that might border on illegality or unnecessary and risky self-disclosure, I'm closing this.

If the OP resolves the issue and wants to to share how it came out at a later date - contact a moderator and we can re-open.
 
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