Denied handgun purchase! And I work for the State..

There has been a guy with my name living here for thirty years, he even worked as a cop here. He's had credit problems and I've been dunned for him for decades.

I went to the sheriff's office thirty years or so to get a permit to purchase, and I was stalled. Waited while a group of people milled around going through files, and eventually two people grabbed me from behind and started to haul me away. A guy who looked like me had committed armed robbery a week before.

At least the current system doesn't get you thrown into a chair and beaten with rubber hoses.
 
Roamin_Wade Do you have an extremely common name? Did you write your SS number down on the 4473?
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Did you see in the OP's reply immediately before yours? He wrote: "The State said the denial was because it was regarding a case from my home State, and the year they listed was the same year it happened."
A common name or SSN would not have anything to do with the OP's denial.



Also, have you bought two or three guns lately and in quick succession? That may make them raise a flag on you too.
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Again, the OP KNOWS WHY HE WAS DENIED. And it has nothing to do with number of firearms purchased or whether he used his social security number.
Unless you live in a state with purchase restrictions or a required "permit to purchase".....no "flag" would be raised.
 
First, in Nevada if the state employee cannot make a positive proceed or denied the will come back with an unresolved. The FFL then can decide if he wants to sell the gun or not but must wait an additional 24 hours.

In the OP's case, get the STN number from the FFL and use it to get a copy of your FBI record. You can also wait and the state might send you a letter. Go to the FBI website and follow their instructions. You'll need to send a finger print card in also. Get at least 3.

Once you get your FBI report back, call your CBI and get them to tell you exactly what item on your FBI report caused the denial. Once you know that, go to the court where the case was handled and get copies of everything pertaining to it. Once you have that, take it to the CBI office and get your CBI record corrected. You may be able to send in your information but I would make notorized copies.

Finally, the last step is to submit the info to the FBI by submitting a Voluntary Appeal. Yep another print card and more copies of the case.

Some will argue that this is not the right procedure but I did it so I know it is. My problem was that the courts no longer had any record of my case. My only recourse was to apply for a CCW which the state of Nevada accepts in lieu of a NICS check.

Good Luck!
 
1. Colorado is a Point of Contact state. You were denied by Colorado, not NICS, so you'll appeal with Colorado. Here is where you start: https://www.colorado.gov/pacific/cbi/appeal

2. This is "just business". Everyone you will be working with in the appeal process will treat this as business. It is not personal. Stay cool and look forward to getting your records cleaned up.

3. Since you were denied, an experienced transfer dealer can usually arrange to return your weapon with no restocking fee and with a shipping label prepaid by the online seller. Contact the seller if your transfer dealer does not know how to do this. You are out the transfer fee because the dealer provided that service to you.
 
LineStretcher First, in Nevada if the state employee cannot make a positive proceed or denied the will come back with an unresolved. The FFL then can decide if he wants to sell the gun or not but must wait an additional 24 hours.
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The Brady Law does not allow that.
 
Me, the fact that my personal information has been hacked on credit card sites, credit card sites as well as the US Government bothers me a lot more than something that has a path to get cleared up.

Oh that and the Bureau of Consumer Protection is been gutted and the Equifax hacked site walked away without any charges being filed.
 
dogtown tom said:
The Brady Law does not allow that.
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Tell that to the state of Nevada. Don't tell me it doesnt allow it because I live here and I had to deal with it first hand. For your info, the pecking order is federal, state, county, city, municipality. They can each supplement federal law. If you want to see the law abused go to California.
 
Yesterday 05:16 PM
LineStretcher
Quote:
Originally Posted by dogtown tom View Post
The Brady Law does not allow that.
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Tell that to the state of Nevada. Don't tell me it doesnt allow it because I live here and I had to deal with it first hand. For your info, the pecking order is federal, state, county, city, municipality. They can each supplement federal law. If you want to see the law abused go to California.
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Don't tell you?:rolleyes:
Then provide proof that Nevada is exempt from Federal law (the Brady Law).
On a transaction that is "delayed", the Brady Law does not prohibit the transfer of a firearm after three business days, beginning the next business day. It most certainly is not "24 hours" as you claim.

For your info, the pecking order means Nevada dealers have to follow federal law. That Nevada allows the transfer after 24 hours means jack squat when Federal law says three business days.;)
 
Perhaps you should ask yourself why it's legal for California to have 10 day waiting period. Once you solve that piece of the puzzle the rest will become clear.
 
Perhaps you should ask yourself why it's legal for California to have 10 day waiting period. Once you solve that piece of the puzzle the rest will become clear.
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Perhaps its because States can make laws that are MORE restrictive then the Federal statue, BUT NOT LESS.

That is how your “pecking order” works.
 
LineStretcher Perhaps you should ask yourself why it's legal for California to have 10 day waiting period. Once you solve that piece of the puzzle the rest will become clear.
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No, perhaps you should ask yourself why you made claim that you cannot provide a citation for.

I'm fully aware that a state can have a LONGER waiting period, but that isn't at question. You claimed a dealer in Nevada can transfer the firearm after a 24 hour period. That's blatantly false and any dealer who does that violates the Brady Law. He does that and loses his FFL.

Regarding California, well duh.
California's waiting period exceeds the wait required by the Brady Law.
Math, how does it work?:rolleyes:
 
dogtown tom said:
No, perhaps you should ask yourself why you made claim that you cannot provide a citation for.

I'm fully aware that a state can have a LONGER waiting period, but that isn't at question. You claimed a dealer in Nevada can transfer the firearm after a 24 hour period. That's blatantly false and any dealer who does that violates the Brady Law. He does that and loses his FFL.

Regarding California, well duh.
California's waiting period exceeds the wait required by the Brady Law.
Math, how does it work?:rolleyes:
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Well, clearly you feel you are correct and I feel that even if I was to waste my valuable time proving what I have said, it would do little to satisfy your need to be right.. I'm out of here.
 
Sharkbite said:
Perhaps its because States can make laws that are MORE restrictive then the Federal statue, BUT NOT LESS.

That is how your “pecking order” works.
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This is correct. Nevada gun laws protect our second amendment rights further by saying that the state makes the laws and not counties, cities or municipalities. I think that's in Nevada Resolution 202.xxx
 
All this discussion about Nevada laws is fine, but ... the OP is in Colorado and, last I knew, Colorado didn't follow Nevada laws.

Can we get back to discussing the question? Or are we done with the OP?
 
Aguila Blanca said:
All this discussion about Nevada laws is fine, but ... the OP is in Colorado and, last I knew, Colorado didn't follow Nevada laws.

Can we get back to discussing the question? Or are we done with the OP?
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There are many similarities but you are correct. We did hijack this thread and that's not right.
 
ShooterScott1 said:
This doesn't seem right, I would contact my local representative about this.
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As in senator? Local “pro gun rep”?

It’s now been I believe 39 days and still nothing. I have called the Colorado Appeals unit and they kept saying mine was “still being reviewed”.
I asked the lady if I could provide anything to speed it up and I don’t understand how I was denied. The lady did mention “if you have ever been arrested this will sometimes stop the purchase. We cannot see the outcome of some cases, so even if you are innocent we don’t know that until we confirm with the courts the outcome.”
Okay... So basically the lady was admitting the State assumes you are guilty by default? As they “simply see an arrest” etc.

I called a few times and last time I even told the person I need this to be cleared up ASAP, as I also work for the State of Colorado and if I’m somehow not able to own or purchase a firearm then I probably need to tell my work as I’d be ineligible to work there. I also have AR-15 training next week so if the State I work for thinks I’m ineligible, and I have firearms training from the SAME State... what’s going on?

I of course got no real answer. As I thought maybe if I send them my badge number along with my State ID they could pull me up quickly - but nope they refused and said that was “irrelevant”.
I was told I wasn’t the only one this has happened to and just be be patient and wait and if I had anything court related that was all the information I could send them (regarding the dropped case around 15 years ago).
Even the gun store had to send it back what I ordered as it’s been too long.

It sucks being denied your 2nd admedment right. I know some may not agree but it sure feels like it to me then are restricting my 2nd amendment right..The “shall not be infringed” some people like to quote... Well, what about in my case where they are infringing on wrongfully??
What if I was walking at night and got robbed and killed?? Yes, I know people will say that’s unrealistic. But what if it did happen? And I could have had a firearm to protect myself but I was left defenseless as the State denied me my right to own a firearm?? What if that happened?? I mean most people here carry for personal defense. If taken away wrongfully and something happened during that period then who’s accountable? All that would happen would be an “oops we made a mistake”
 
Update: today I got an email.. Reversal! They stated they had updated my records to show that the ARREST was dropped and didn’t result in a charge. So it was based on an arrest alone. I am not sure why for the firearms check that is a denial when background checks for Govt jobs don’t have it come up, or when it does it shows dropped charge.
Kind of odd but it finally got resolved.
The only downside is the email/letter said the State of Colorado would update their records so that means in all other States I might have to go through appealing again if I ever move....
 
raimius said:
This occasionally happens, unfortunately. I know people who have TS security clearances, no criminal record, and fly armed military aircraft that got denied. Work through the process, and it will eventually get fixed...might take a while though. Until then, you are out of luck, as Colorado banned private sales a few years back (I wonder if they "feel" safer.).
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Not banned, but no private sales w/o a background check, nor gun show sales, private seller to private seller, w/o one..for info. BUT do many people who are trying to sell a handgun to their buddy do a BGC? Donno...I'm guessing not but the penalty is pretty severe. Am I feelin' better about some yahoo NOT selling a gun to some other yahoo who can't pass the background check? You betcha even if this law is tough to enforce.
In Colorado, almost all firearm transfers between unlicensed persons must be processed by a licensed firearms dealer, subjecting the prospective purchaser to a background check.

Colorado requires private gun sellers who are not federally licensed dealers to initiate a background check when transferring a firearm. With the exceptions listed below, any unlicensed individual who seeks to transfer possession of a firearm to a prospective transferee must: 1) require that a background check is conducted on the prospective transferee by a licensed gun dealer; and 2) obtain approval of the transfer from the Colorado Bureau of Investigation (CBI) following the background check request.1
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