Firearm Denial and VAF questions

D

drewrico

Inactive
Hey, I received a governors pardon which in turn restored my civil rights. I went to buy a gun a couple months ago and was denied. Long story short it was basically a paper work error from the state and the federal levels. Either way, I got confirmation from my state police that they straightened things out with the FBI NICS section and so therefore I thought I was all right. I went a few days ago to buy the gun again and it got delayed but they said if the FFL doesn’t hear anything by December 31st from the background check folks that I can go ahead and pick it up. My question is would doing a VAF make this process easier or would getting my CCDW in my state help expedite things? Or both?

Thanks
 
Two things to never do on the internet: get medical or legal advice. You’re going to get all kinds of different answers and they’ll be all over the map. You won’t know which ones are correct or if any of them are correct. Get a lawyer....a real one.
 
Maybe just wait and see what happens on the NICS you currently have outstanding. Why start another process until you see how this turns out.
 
drewrico.... I went a few days ago to buy the gun again and it got delayed but they said if the FFL doesn’t hear anything by December 31st from the background check folks that I can go ahead and pick it up.
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True. The Brady Law does not prohibit the dealer from transferring the firearm to you after three business days, beginning the next business day. Weekends, holidays and days that state offices are closed do not count.



My question is would doing a VAF make this process easier or would getting my CCDW in my state help expedite things? Or both?
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Does your states permit qualify as an exemption to NICS?
https://www.fbi.gov/file-repository/nics-participation-map.pdf/view
If so, you just show that permit and FBI NICS is not called.
A VAF doesn't mean automatic and immediate approval. Sometimes buyers with a VAF/UPIN experience delays on their NICS check.
 
NoSecondBest Two things to never do on the internet: get medical or legal advice. You’re going to get all kinds of different answers and they’ll be all over the map. You won’t know which ones are correct or if any of them are correct. Get a lawyer....a real one
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He doesn't need a lawyer.
Read the instructions on the Form 4473 and you'll know why.;)
 
To anyone of you who say I need a lawyer, I don’t. I’ve had plenty of lawyers. I know the legal ramifications of my actions and I am completely within the bounds of law in my state. My paperwork was JUST finalized with the FBI and so that’s the reason I got delayed. Was just asking if getting a VAF would be the best route or getting a CCW. Do not tell me to get a lawyer, I don’t need one lol. I used to need one but I don’t now. Just asking for insight on the VAF at this point.
 
"He doesn't need a lawyer.
Read the instructions on the
Form 4473 and you'll know why"
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and pray tell... what are those instructions that should be read?
Inquiring minds would like to know.


.
 
My point is that you’re going to get a dozen or more answers/opinions when you go on the net and ask questions like you asked. You’ll never know who’s right and who’s wrong. Did you notice that no one said “I’m an expert on this subject because.....”
 
Unfortunately, "...read the 4473 instructions..." is not very helpful at all in response to the OP's question.

The link below at least lays out the in's/out's/pro's/con's of the VAF process, and brings in the legal beagles to run the traplines.
https://www.recordgone.com/other-expungement-services/fbi-nics-vaf-upin.htm
Can you do it yourself w/o the lawyers? Sure you can. But it might not be to your best advantage in the long run.

As to the statement above that after a successful VAF/UPIN "you will still be on a delay...." please explain further.


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Just curious about what the OP mentioned about "Pardons". Our VA Gov, one of the worst in US history and a huge ANTI 2A Gov. (I could go on but will not get into Politics) also issued pardons. And pardon them are not many were criminals. So when the 4773 list the various question about past criminal convictions how do these people "pardoned" answer on the Form?
This scum bag Gov is also the one that reduced the charge of assaulting a police officer, EMT or Fighter from a felony to a misdemeanor. Obviously you can see what side he is on and known for.
 
One-Size, does not fit all

You’re going to get all kinds of different answers and they’ll be all over the map.
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That is because the system is flawed and "one-size", does not fit all. You have to push through it until it is finally communicated that you are within your rights. It took a year for one of my buddies to get cleared and the main problem was the lack of communications between various agencies of the process. ..... ;)

Hang in there and;
Be Safe !!!
 
Carl the Floor Walker said:
Just curious about what the OP mentioned about "Pardons". Our VA Gov, one of the worst in US history and a huge ANTI 2A Gov. (I could go on but will not get into Politics) also issued pardons. And pardon them are not many were criminals. So when the 4773 list the various question about past criminal convictions how do these people "pardoned" answer on the Form?
This scum bag Gov is also the one that reduced the charge of assaulting a police officer, EMT or Fighter from a felony to a misdemeanor. Obviously you can see what side he is on and known for.
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I was given a pardon from ex governor in KY. That’s all the info I’ll volunteer about that. Im not sure exactly which US Code it is but when filling out the form to purchase a firearm a person who has received a pardon can legally say no to being convicted of a crime. Under KY law felons are not allowed to possess firearms UNLESS they’ve been granted a full pardon or had their record expunged.
 
Here's what the FBI has to say on the subject:

I Have Been Denied a Firearm Multiple Times or Experience Delays – What Should I Do?
Voluntary Appeal File (VAF)

Anyone may apply for the VAF, but it is designed for firearm purchasers who believe they are legally allowed to buy firearms, but they have been denied more than once or frequently experience delays in their transactions. Purchasers sometimes find themselves experiencing delays or denials in firearms purchases because of a past misdemeanor charge or because an ineligible person has a similar name.

When you apply for the VAF, NICS personnel will research your case and assign you a Unique Personal Identification Number (UPIN) if you have no firearms prohibitions. For future firearms transactions, you will provide your UPIN for your background check. You will still have to undergo a complete background check to buy a firearm, but the UPIN will help to confirm your identity.

The VAF process can take several months.

You may also apply for the VAF at the same time you submit a firearm-related challenge.

My guess is that even though the OP is legally entitled to acquire a firearm, the news of his pardon hasn't made its way through every part of the system yet. A VAF would help spread the word and/or resolve the problem in the future. I say "in the future" because:

The NICS Section is currently processing Voluntary Appeal File (VAF) cases received in August 2019.

https://www.fbi.gov/services/cjis/n...inal-background-check-system-nics-appeals-vaf

I would still recommend discussing the issue with a lawyer familiar with firearms law.
 
mehavey
Quote:
"He doesn't need a lawyer.
Read the instructions on the
Form 4473 and you'll know why"
Click to expand...
and pray tell... what are those instructions that should be read?
Inquiring minds would like to know.
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The instructions to 21.c. that you didn't take one minute to read.;)
All the inquiring minds advising the OP to get a lawyer don't have a clue as to why he DOES NOT NEED ONE.

He's pardoned. His NICS check will show a record from a state agency that requires additional research by a NICS Examiner. They have three days to prohibit his transaction before the dealer can hand the OP his firearm. It's not a denial, its not a felony for the OP to try and buy a firearm.
 
NoSecondBest My point is that you’re going to get a dozen or more answers/opinions when you go on the net and ask questions like you asked. You’ll never know who’s right and who’s wrong. Did you notice that no one said “I’m an expert on this subject because.....”
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Too many people posting in this thread with zero clue as to anything about the lawful transfer of a firearm to a person who was pardoned.
I'll never claim to be an expert, but I do know what the ATF process is because I've transferred firearms twice to someone in the same boat as the OP.

I try to always cite a regulation or document, but as you see above, not all will try to read for themselves.:rolleyes:
 
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