NICS Denied


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quilobo
February 9, 2011, 10:32 AM
So last week I got denied, I thought it might be from my drivers license info being different from my current address. So I went to the DMV change the info on my license and I still got delayed. The only thing on my record is a couple Disorderly conducts from 11 years ago. And with my current job if I had anything that would bar me from buying a gun I would not be employed very long. I posted last week and got some good info on what to do. I am still waiting on the paper from the first denial to see what the cause was. I was sure it was the license thing.

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UnknownGunMan
February 9, 2011, 10:58 AM
Did those disorderly conducts involve battery on an officer?

If you have any assault/battery on a police officer, or domestic dispute charge (even misdemeanor), you will get denied.

You can get an appeal packet from the ATF.

They usually don't care about your address, because when a dealer calls in that 4473 form, the FBI in VA does NOT ask for address.

They ask for Name, DOB, Social Sec#, State of Residence, Height, Weight, Race, US citizen/dual citizen, and type of firearm.

If you have a common name like John Smith, and you do not give a Social Sec #, then you will most likely get delayed or denied.

There could be 5000 people in the US with your same name, so if you don't give they social sec #, they won't know which one of you it is.

I would suggest getting the Application of Unique Personal Identification Number from ATF, after you appeal.

quilobo
February 9, 2011, 11:07 AM
no they were not assaults, or domestic disputes. I should have the reason for the first denial back today and then I will start the UPIN thing once I know for sure what I am looking at.

browneu
February 9, 2011, 11:22 AM
Were you the person who purchased the High Point for a night stand gun and has a security clearance?

If so, I don't remember the disorderly conduct charges mentioned in the previous posts.

I would continue the process of getting your UPIN. That should clear up any issues.

Also, getting delayed isn't the same as getting denied. You may still get an approval in the next three days.

quilobo
February 9, 2011, 12:03 PM
I know the delay is not the same but it is frustrating. I am willing to bet it still comes back denided for some reason.

browneu
February 9, 2011, 12:05 PM
Stay positive. I remember the first time I was delayed and how it felt. It's only a short time compared to the length of time that I owned the firearm.

mcdonl
February 9, 2011, 12:07 PM
I get delayed just about everytime I buy a gun. No reason given other than "further investigation needed" - Depending on the time of day, the further investigation takes place while I am on hold. Sometimes it is the next day.

Breathe. You will be fine.

Cosmoline
February 9, 2011, 12:58 PM
There's a BIG difference between a delay and a denial. Delays happen all the time often because a name is similar to someone else or because of a glitch in the records. Denials mean the brakes are on, and you must proceed through channels. Getting a lawyer is not a bad idea. It's a very serious matter.

the first denial

Once you get a denial, trying again with other purchases is a BAD idea. It's not a dice roll. And trying to guess at the problem and attempting another purchase is unwise. Very unwise. You have to proceed carefully until you can get the mess cleared up. There could be something more than you realized.

quilobo
February 9, 2011, 01:11 PM
I am waiting now, I just figured the dl address was the issue. I have heard plenty of horror stories of people getting denied and that was the reason. Im not a felon or a domestic abuser and I am sure there is nothing on my record that will bar me from purchasing a gun. I asked the lawyer that handled my disorderly conduct and the verified that was not a reason to bar me.

quilobo
February 9, 2011, 01:30 PM
To be clear it wasnt another purchase it was the same gun at the same dealer

dogtown tom
February 9, 2011, 02:06 PM
quilobo:...I just figured the dl address was the issue...

FBI NICS does not ask for your address:
Last Name
First Name
Middle Name
Cadence (Jr., Sr., II)
Place of birth
Height
Weight
Gender
Birthdate
Social Security #(optional)
Race
State of residence
Country of citizenship
Type of firearm
*************************************

But........if you were attempting to purchase anything other than a rifle or shotgun you would need to be a resident of the same state as the licensed dealer AND over age 21.

quilobo
February 9, 2011, 02:30 PM
ok I understand now.

sonick808
February 9, 2011, 02:59 PM
do you have a common name ?

Black Butte
February 9, 2011, 03:03 PM
Wouldn't it be nice to "deny" the government its demanded tax payment on the grounds it failed to pass a fiscal responsibility background check?

Cosmoline
February 9, 2011, 03:05 PM
I just figured the dl address was the issue.

Figured out from where? There's a formal process you go through after a denial where you request the reason and you're sent a response.

quilobo
February 9, 2011, 07:56 PM
Posts on other boards had mentioned that they had the same problem and this was the cause of it. My NICS goes through the state not straight through the FBI here in Nevada. So I went by what another Nevada resident had said

Cosmoline
February 9, 2011, 08:13 PM
That's a thin reed to rest on. You really need to hold off until you receive the official response to your inquiry.

quilobo
February 10, 2011, 09:51 AM
I plan on holding off, I just thought that was the issue. I might even get a lawyer to help me with the appeal process just to make sure I am safe.

dogtown tom
February 10, 2011, 12:13 PM
quilobo I plan on holding off, I just thought that was the issue. I might even get a lawyer to help me with the appeal process just to make sure I am safe.
You'll be throwing your $$$ away.
If you can fill out a form and follow simple directions you can file your appeal by yourself. If it is a case of mistaken identity the FBI will grant your appeal. If it turns out your denial was based on a prohibiting factor such as a conviction, etc. that is in error........THEN get a lawyer. If the denial is due to a prohibiting factor that you forgot about......a lawyer may not be of much help unless the conviction occured while you were a minor.

Cosmoline
February 10, 2011, 12:19 PM
This is not something to mess around with or ASSUME it's just mistaken identity and easily clarified. These are dangerous waters and the potential for a screwup is very real. For example, a lawyer could have told you not to attempt more purchases after the first denial. Sometimes it's something that can be cleared up, but the prohibiting factors are far from clear. One example--conviction of a misdemeanor with a *potential* sentence of over a year. That's snagged many people. Even if you didn't serve a single day of a sentence, it can still bar you.

waterhouse
February 10, 2011, 12:38 PM
Just to be clear, since both have been said, did you get delayed or did you get denied? There is a huge difference an the terms are not interchangeable.

quilobo
February 10, 2011, 04:16 PM
got delayed then denied, so I changed the address on my license to my current address and I am currently delayed.

Maverick223
February 10, 2011, 06:16 PM
So have you tried purchasing a firearm thrice or did they tell you that your status was changed to "delayed"?

:)

quilobo
February 10, 2011, 06:20 PM
I went in 2 weeks ago got delayed, then denied then I changed my address on my drivers license and went back and I am still delayed right now.

Maverick223
February 10, 2011, 06:25 PM
I see; that is seemingly good news.

:)

quilobo
February 11, 2011, 12:01 AM
ok here is the denial reason

STATE Disqualifier

Unable to obtain requested disposition information

Please contact the following agency from where your information originated:

POSSIBLE ERROR ON CRIMINAL HISTORY RECORD
If you feel your criminal history record is inaccurate, and wish to challenge your record, perform the following procedure:

Pennsylvania State Police
Records and Identification
Harrisburg, Pennsylvania
(717) 787-9082

bikemutt
February 11, 2011, 12:04 AM
Clear as mud, now what?

quilobo
February 11, 2011, 12:13 AM
exactly what I was thinking:banghead:

W.E.G.
February 11, 2011, 12:28 AM
This appears to mean that you have a criminal charge on your record, for which no final disposition is reported to the PA State Police.

Ask the State Police what the charge is that is missing a disposition. Then go to the Court where the charge was lodged, and find out whether they reported the final disposition to the State Police. You can ask the Court clerk to re-submit the notice of final disposition if there is uncertainty about whether the disposition information was transmitted or received.

quilobo
February 11, 2011, 12:32 AM
Thanks, that makes sense

scrood?
February 11, 2011, 01:03 AM
well, do you have a charge you know of?

quilobo
February 11, 2011, 02:10 PM
I posted in the first post that I had disorderly conducts.

quilobo
February 11, 2011, 06:09 PM
well I contacted PA and they told me that the flag on my NICS in their state would not bar me from purchasing a gun in PA, however Nevada will not allow me to purchase a fire arm until the flag is removed. the reason for the flag as it was explained to me by PA was "Disorderly conduct is a wide ranging offense, and they put the flag on there so people would stop and make sure it was not a Domestic abuse case" In order to get this cleared up I have to fax a copy of the criminal complaint and Affidavit of probable cause to the PA state police (PICS) unit. Even though the guy looked at the court docket and said I can see it is not a domestic abuse case, he has to have those papers so he can remove the flag and then I won't have this issue again. But what made no sense to me is why cant the PA state police contact the court themselves and clear the flag.

bikemutt
February 11, 2011, 06:23 PM
If you need to retrieve a copy of the court proceedings to send them, and if the choice is available to you, may want to pay a few extra bucks so they stamp the paperwork "certified". Could save having to go get it twice :scrutiny:

Sounds like you're on the right course, good luck.

quilobo
February 11, 2011, 06:25 PM
I had the offical documents sent to me and I faxed them to the state police so now I just have to wait. Everyone was pretty nice on the phone and even though it felt like a run around I feel like I accomplished something.

DenaliPark
February 11, 2011, 06:46 PM
You'll be throwing your $$$ away.
If you can fill out a form and follow simple directions you can file your appeal by yourself. If it is a case of mistaken identity the FBI will grant your appeal. If it turns out your denial was based on a prohibiting factor such as a conviction, etc. that is in error........THEN get a lawyer.

^^^This...

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