Hey Guys,
I have just joined TFL in an attempt to get some answers on my outlandish situation. Before I share my story, know that I am telling the 100% truth in everything I am writing. I have already contacted my Congressman and Senator in an attempt to get my Appeal processed a little bit sooner that 18 months. And while I know that my Ohio CCW that I'll soon receive will allow me to bypass the NICS, I'd like to point out that that is simply a loophole around the actual issue. The issue here? An innocent man (Me) was accused of being a criminal by the FBI when I have been nothing but a law abiding citizen. I want them to admit they were wrong, and I want an apology along with it. A man must stand by principles. Here is my story:
After taking my CCW Safety and Instruction course (as is required for a CCW license in Ohio) I set up a meeting with the Hamilton County Sheriff’s office here in Cincinnati to apply for my official CCW license. I decided to purchase the firearm I would carry exactly one week before my meeting at the Sheriff’s office. Having purchased a firearm in Kentucky before (my previous state of residence) and also knowing that had no criminal record of any kind, I was convinced that there would be no issue with me purchasing a handgun and passing the required NICS background check administered by the FBI. I bought a firearm online and had it shipped to my local gun shop where I went to pick it up and have my background check done to confirm my eligibility. To my astonishment, I was DENIED the purchase by the NICS system. As I said, I knew my record was clean as could be, and I had even purchased a firearm a year and half earlier and hadn’t gotten so much as a speeding ticket since then. Thus, this NICS denial was, without a hint of a doubt, a system error.
I immediately filed an appeal on the NICS website and asked the reason for my denial. The next day, I went to the Sheriff’s office and paid to have myself fingerprinted. I scanned these fingerprints to my computer and sent them with yet another appeal on the NICS website. I then printed off the Voluntary Appeal File (VAF) form from the NICS website that allows persons to apply for a Unique Personal Identification Number (UPIN). I filled out the VAF form, attached an original fingerprint card and a copy of my driver’s license, and priority mailed all of it to the NICS Appeals office in West Virginia. Finally, I scanned all of these documents yet again and had all of them faxed to the NICS Appeals office. I made several attempts to call the NICS toll-free number, but was never able to speak to a single agent. Every time I was forwarded to a prerecorded message stating “we are no longer giving status updates on appeals” or “due to high call volumes, we are unable to take your call at this time”. In my worry, I went online and paid for 2 separate background checks on myself to confirm my innocence. As suspected, I was unable to find anything criminal associated with my name.
A week passed and I went to the Sheriff’s office for my CCW application meeting with the Sheriff Deputy. I told him of my occurrence with NICS and so he took my ID and other information and ran it in the NCIC database… he found nothing on me. He stated that “There are four people named N**** J**** with a birthdate similar to yours that are ineligible to purchase firearms. However, you aren’t on here. I’m not sure what happened, but somehow they seemed to have mixed you up with someone else.” The deputy proceeded by allowing me to scan my fingerprints into the system for an FBI+BCI criminal background check. He said all CCW applicants do this in order to be sure that their fingerprints are not associated with any crimes by the state or FBI. Since I have never had to give my fingerprints for anything other than the aforementioned NICS appeal process, I plan on receiving my Ohio CCW within the next 3 weeks.
When I got home from work on the day of my appointment, there was a letter in the mail from the U.S. Department of Justice addressed to me. It contained the reason of my NICS denial, stating that I had been, “Convicted of a crime in any court punishable by more than one year or a misdemeanor punishable by more than two years.” Clearly this accusation was false and incorrect, as the Sheriff Deputy had confirmed earlier that day. On the last page of the letter, it stated that “NICS appeals were processed in the order from which they are received. The NICS Section’s Appeal Services Team is currently processing appeal cases and Voluntary Appeal File (VAF) cases received in August 2015.” This would mean that the earliest my name can be cleared and allowed to purchase firearms would be in 18 months.
How can a government agency legally withhold my second amendment right for 18 months on the basis of a false accusation that other law enforcement agencies are able to debunk and validate as erroneous? This is an infringement on my rights as laid out by the U.S. Constitution and no one seems to be able to help me correct this atrocity that has cost me close to $100 in paperwork and shipping charges to prove my innocence. I am in need of all the help I can get on this issue.
I have just joined TFL in an attempt to get some answers on my outlandish situation. Before I share my story, know that I am telling the 100% truth in everything I am writing. I have already contacted my Congressman and Senator in an attempt to get my Appeal processed a little bit sooner that 18 months. And while I know that my Ohio CCW that I'll soon receive will allow me to bypass the NICS, I'd like to point out that that is simply a loophole around the actual issue. The issue here? An innocent man (Me) was accused of being a criminal by the FBI when I have been nothing but a law abiding citizen. I want them to admit they were wrong, and I want an apology along with it. A man must stand by principles. Here is my story:
After taking my CCW Safety and Instruction course (as is required for a CCW license in Ohio) I set up a meeting with the Hamilton County Sheriff’s office here in Cincinnati to apply for my official CCW license. I decided to purchase the firearm I would carry exactly one week before my meeting at the Sheriff’s office. Having purchased a firearm in Kentucky before (my previous state of residence) and also knowing that had no criminal record of any kind, I was convinced that there would be no issue with me purchasing a handgun and passing the required NICS background check administered by the FBI. I bought a firearm online and had it shipped to my local gun shop where I went to pick it up and have my background check done to confirm my eligibility. To my astonishment, I was DENIED the purchase by the NICS system. As I said, I knew my record was clean as could be, and I had even purchased a firearm a year and half earlier and hadn’t gotten so much as a speeding ticket since then. Thus, this NICS denial was, without a hint of a doubt, a system error.
I immediately filed an appeal on the NICS website and asked the reason for my denial. The next day, I went to the Sheriff’s office and paid to have myself fingerprinted. I scanned these fingerprints to my computer and sent them with yet another appeal on the NICS website. I then printed off the Voluntary Appeal File (VAF) form from the NICS website that allows persons to apply for a Unique Personal Identification Number (UPIN). I filled out the VAF form, attached an original fingerprint card and a copy of my driver’s license, and priority mailed all of it to the NICS Appeals office in West Virginia. Finally, I scanned all of these documents yet again and had all of them faxed to the NICS Appeals office. I made several attempts to call the NICS toll-free number, but was never able to speak to a single agent. Every time I was forwarded to a prerecorded message stating “we are no longer giving status updates on appeals” or “due to high call volumes, we are unable to take your call at this time”. In my worry, I went online and paid for 2 separate background checks on myself to confirm my innocence. As suspected, I was unable to find anything criminal associated with my name.
A week passed and I went to the Sheriff’s office for my CCW application meeting with the Sheriff Deputy. I told him of my occurrence with NICS and so he took my ID and other information and ran it in the NCIC database… he found nothing on me. He stated that “There are four people named N**** J**** with a birthdate similar to yours that are ineligible to purchase firearms. However, you aren’t on here. I’m not sure what happened, but somehow they seemed to have mixed you up with someone else.” The deputy proceeded by allowing me to scan my fingerprints into the system for an FBI+BCI criminal background check. He said all CCW applicants do this in order to be sure that their fingerprints are not associated with any crimes by the state or FBI. Since I have never had to give my fingerprints for anything other than the aforementioned NICS appeal process, I plan on receiving my Ohio CCW within the next 3 weeks.
When I got home from work on the day of my appointment, there was a letter in the mail from the U.S. Department of Justice addressed to me. It contained the reason of my NICS denial, stating that I had been, “Convicted of a crime in any court punishable by more than one year or a misdemeanor punishable by more than two years.” Clearly this accusation was false and incorrect, as the Sheriff Deputy had confirmed earlier that day. On the last page of the letter, it stated that “NICS appeals were processed in the order from which they are received. The NICS Section’s Appeal Services Team is currently processing appeal cases and Voluntary Appeal File (VAF) cases received in August 2015.” This would mean that the earliest my name can be cleared and allowed to purchase firearms would be in 18 months.
How can a government agency legally withhold my second amendment right for 18 months on the basis of a false accusation that other law enforcement agencies are able to debunk and validate as erroneous? This is an infringement on my rights as laid out by the U.S. Constitution and no one seems to be able to help me correct this atrocity that has cost me close to $100 in paperwork and shipping charges to prove my innocence. I am in need of all the help I can get on this issue.
