Renewed CHL background check failed!


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ROCK6
March 12, 2013, 09:29 PM
Alright, Iím just venting.

Iím active duty Army, over 20+years of service with a TS/SCI clearance. Iíve had CHLís for WA, TX, FL and GA (twice).

I just submitted my renewal paper work for FL and was just informed of an arrest or criminal charge in WA State which needed to be addressed before continuingÖWTF? My GA carry permit is still valid and I havenít had an issue purchasing multiple firearms over the past several years.

So, I start calling and trying to figure out what this charge is and how to clear my name. The ďred flagĒ popped up from an (erroneous) warrant in WA State. So, I contact the county sheriff, the court house, the state patrol the regional FBI, the NCIC/NICS FBI and anybody else who may assist.

Nobody can point to any type of charge against me (duh!), and they canít explain the red flag or donít know what to do to clear me for FL to complete their background check.

I spent all day (sorry tax-payers) and talked to two dozen different agencies and offices. This is absurd! Sure, itís just an inconvenience and I will get this cleared up, but Iím so pissed, Iím sending multiple Congressional Offices letters on my experience.

Iím a very small slice of society. My rank/grade and position require me to maintain a high-level clearance which is checked regularly when I travel. This whole ďbackground checksĒ is clearly broken, even at a Federal level and the local levels have no clue of the ramifications when a mistake is made. Sure I want this rectified, but the attention needs to be on the system and how errors are exacerbated to the point of excruciating pain from those on the bottom rung who are just trying to exercise their rights.

I hate to use my rank and position to address this with representatives, but if Iím at risk, than I can only imagine how little attention the majority of citizens will be givenÖ

Now, I must admit every office and agency between FL, WA and the local and federal FBI offices were all very courteous and attempted to help, but they just didnít know how to fix this problem. Yeah, Iím just a little jaded at the whole situation and needing to ventÖ

ROCK6

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psyopspec
March 12, 2013, 09:35 PM
I spent all day (sorry tax-payers)...

https://sphotos-a.xx.fbcdn.net/hphotos-prn1/65576_209103745901812_1782277716_n.png

I kid. Hopefully your situation gets worked out soon. Please let us know what office or agency is able to actually clear it up.

joeschmoe
March 12, 2013, 09:37 PM
Appeal to FL and ask for a written reason for refusal with case numbers of the WA notice.

Ehtereon11B
March 12, 2013, 09:58 PM
My guess would be is someone with a similar SS or name to yours was charged in WA. Something similar happened to that with a friend of mine a few years ago. Like you hope, it was eventually cleared up but it was a general pain to deal with. I just find it ironic that the current admin wants to expand the current background check system to private sales. 1.8% NICS checks are denied, and an even smaller percent are even prosecuted. But that is another thread. Hope your situation gets solved with minimal issue.

Ohio Gun Guy
March 12, 2013, 10:04 PM
More minor but might be relative... When I buy a gun and use my SSN. No issues. Dont us the SSN, hold or delay. I think someone with my name (There are a few, I have google)... is not a good boy.

For my work, I too have had several and more than the normal back-ground checks done, I noticed this seemed to slow down the approval also. I think they see that checks have been done, and then look for why.

Deaf Smith
March 12, 2013, 10:21 PM
This is a good reason to change your name to something like...

Phaite Damya Fickleworth.

Can't be to many of them around.

Deaf

vtail
March 12, 2013, 10:24 PM
That sucks Rock6.

Just be glad you don't live in California. They would be coming for your guns tonight.

r1derbike
March 13, 2013, 12:13 AM
Hope this gets rectified soon, and psyopspec, I was hoping the piccies to be frames from some juicy 2A video. It was funny enough, however.

suemarkp
March 13, 2013, 12:33 AM
WA sucks. I always get delayed the full 3 days, but at least not denied. When I got my CPL, the issuer kept looking at me and said a wanted felon had the same name. My name is not that common, but I'm wondering if WA doesn't use social security numbers. She also said my hair and eye colors were different, but I wonder how much thought the checkers do before they deny.

788Ham
March 13, 2013, 12:34 AM
Rock6,

I've never had that experience happen to me, however... there was at a time, 4 guys with the same name I was given. One of them lived, unknown to me at the time, 8 blks from my house, shifty dude ! Sheriff comes over one night, asks to speak with me about a matter I knew nothing about {burglary} that had happened a week previous. Luckily my wife and I had been out of town, receipts to prove it from the out of state hotel, never did hear what happened after that. Good luck on getting cleared !

wriggly
March 13, 2013, 12:39 AM
This is a good reason to change your name to something like...

Phaite Damya Fickleworth.

Can't be to many of them around.

Deaf
Actually not a bad idea. My name is so unique, there is only one of me in the whole world.......seriously. I never have to worry about anybody confusing me for the other guy, because I am it. :D

ROCK6
March 13, 2013, 05:36 AM
Appeal to FL and ask for a written reason for refusal with case numbers of the WA notice.

That where this started and the proposed issuing court house can't figure it out. Somewhere there is an erroneous charge with my name attached. I even was directed down to a PD in Pasco, WA where my information was associated with a "field contact" loitering charge...of course that occurred when I was in Iraq:confused: And according to everyone, wouldn't even be a blip on the radar. I'm certain my info was mistakenly put into the system, but that only shows how broke the system is and even worse very difficult to rectify.

My concern is there is a warrant out with my name associated, but it hasn't show up locally, county, state or the federal level...that has me concerned. If a FL state clerk can stumble into it, I'm sure anybody might.

I should have the initial issue cleared enough to continue processing my CHL, but this is quite frustrating.

It is odd that WA doesn't track anybody by SSN. Every agency that plugged me into one of numerous "systems" used my full name and birth date.

I'm all for a "universal background check" if they'll issue a "universal CHL":banghead:

ROCK6

AlbertH
March 13, 2013, 06:19 AM
Welcome to a world where identity theft runs rampant. You may want to do a credit check to see if you have any accounts based in WA. It took me being denied a credit card knowing my credit rating should have been in the high 700's to find that my identity had been stolen. See what unfettered freedoms can provide you with.

Jim, West PA
March 13, 2013, 07:00 AM
If a FL state clerk can stumble into it, I'm sure anybody might.
Mmm....maybe there's a clerk that needs looked at.

I spent all day (sorry tax-payers)

ROCK6.....don't you EVER apollogize to us !!!!!
You and your brothers in arms deserve everything that we give. I just wish the politicians would stoop stealing from your pockets.:cuss:

Lex Luthier
March 13, 2013, 07:41 AM
One of our local deputies came pounding on our front door a couple of years ago. Turns out that another man with my first and last name was wanted for a variety of indiscretions in Illinois. It took about one second for him to realize I did not fit the physical description.

These agencies grasp at straws sometimes to get the job done. The system is broken.

Hokkmike
March 13, 2013, 08:13 AM
Let us know, please, when you get to the bottom of this.....

tarosean
March 13, 2013, 08:24 AM
These agencies grasp at straws sometimes to get the job done. The system is broken.

Agreed... I will probably be faced with the same thing the OP has been as its happened before. Ive had to deal with Child Support issues many times. The real kicker is the only kid Ive ever fathered is with my current wife!!!

Ryanxia
March 13, 2013, 08:25 AM
Oh, this ISN'T a perfect system?

But no where in the Constitution does it say that we don't have to go through days of appealing, paperwork, etc. to exercise our Rights... Oh wait, it does..

rdhood
March 13, 2013, 08:57 AM
I’m a very small slice of society. My rank/grade and position require me to maintain a high-level clearance which is checked regularly when I travel. This whole “background checks” is clearly broken, even at a Federal level and the local levels have no clue of the ramifications when a mistake is made. Sure I want this rectified, but the attention needs to be on the system and how errors are exacerbated to the point of excruciating pain from those on the bottom rung who are just trying to exercise their rights.

Been there, done that. It took me a year to clear my record with a faux felony. You can attack this several ways

1) immediately dispute with NICS. You will get back a form that shows what your record shows. You will have to send your fingerprints off to the FBI and they will do a 6 months "investigation" from which you may/may not be cleared. I wasn't. If it is not cleared at this level, it will REQUIRE Washington state to clear that record before they do anything about it.

2) try to get whomever in Washington state that F'd up your record to change it. This is where you will have trouble because nobody in WA gives a crap about you or your problem getting a gun even though it appears to be them who made a mistake. You don't vote for anyone there, you don't pay taxes. Be nice, because they don't have to listen to you or do anything whatsoever for you.

3) WRITE your senators. They can help you by putting pressure on the NICS system to speed up the 6 month "investigation".

TNBilly
March 13, 2013, 11:58 AM
RDhood: Don't know what your intent but you give the best reasoning for discontinuing the NICS system. Writing the "reps" will do nothing though, they're responsible for the problem in the first place.

And Rock..... bad as you're being treated a "regular" person hearing back from the FBI after contesting the denial is usually just told someone of similar name or location. Totally useless and a lie at best. It's pretty hard to tell when you're not given any info whether it's really just incompetence/stupidity on their part or someone in the system using that position for a bit of "activism"!

mljdeckard
March 13, 2013, 12:08 PM
I also hold a secret squirrel job, and my first and last name are about the most predictably common names in north America. It is ridiculous that you now have to pursue this to make sure it gets dropped.

freyasman
March 13, 2013, 12:40 PM
I'm arguing on another message board against UBC's... this kind of thing is why. It will only get worse...

bill3424
March 13, 2013, 12:46 PM
I feel your pain. I hate similar names and such.

climbnjump
March 13, 2013, 01:06 PM
... When I buy a gun and use my SSN. No issues. Dont us the SSN, hold or delay. I think someone with my name (There are a few, I have google)... is not a good boy.

Yep. I have a very common name - dozens of us in the area where I live if you use only first and last name and almost a dozen that have the exact same FULL name - first, middle, last - and over a dozen if you just use the middle initial.

Back in the '80s, I arrived home from work and found a warrant for "my" arrest pasted on my apartment door. That was how I found out that a not-so-good person with my exact full name had moved into the same apartment building. You would be correct if you think that caused me years of problems every time I applied for a loan or a job not to mention purchasing a firearm...

k_dawg
March 13, 2013, 01:42 PM
Better to know now, then when your 5 year clearance review comes up.

rdhood
March 13, 2013, 02:05 PM
RDhood: Don't know what your intent but you give the best reasoning for discontinuing the NICS system. Writing the "reps" will do nothing though, they're responsible for the problem in the first place.

Actually, TNBilly, it will. I got no action whatsoever from NICS after I disputed my denial. After sending off prints and waiting for 5 or 6 months, I wrote my Senator. One week later I heard from NICS.... they confirmed that it truly was me that they were denying, and that the "felony" had been forwarded from the State of GA. Thus, the other part of my reply. I was VERY fortunate that there was a clerk in podunkville police department that was willing to help me... with the police chief and with the judge. She recognized right away that they had made a mistake (some 20 years prior) when transcribing old reports to digital media/state database. They had turned a $35 fine into a felony. (BTW, I wonder how many jobs and other opportunities I was denied over 20 years based on having a faux felony come up in my background check). Had the clerk not been amicable to fixing my record, my only recourse would have been to hire an attorney and pay big $$$ (my dime) to force them to fix the mistake.

Hopefully, the OP won't have to go all through that, but need to get the ball rolling ASAP to get this thing cleared up.

doc2rn
March 13, 2013, 03:56 PM
File an injunction on them through a local WA lawyer. It will get cleared up faster than you just calling. Its what I had to do.

gym
March 13, 2013, 06:08 PM
A good friend of mine had 3 renewals in FL, and on the 4th they found an arrest that was supposed to be expunged 30 years prior, "when he was a teenager", for smoking pot. He had to go through the same nonsense, hired a lawyer to straighten it out, they never destroyed the records. That happens often. They mix everything up, it's like calling social security with a question, if you ask 5 people you get 5 different answers.

ROCK6
March 13, 2013, 07:23 PM
Thanks all for letting me vent a little, but I must say kudos to the WA, Benton County sheriffís department. They responded much more quickly than I expected and resolved the mistaken identity issue tagging me with a warrant. My new FL State CHL should be in hand in a week or two.

It was a ďtypeĒ of identity theft as my name was a perfect match, but nothing else matched nor the description of the perp from the initial charge. No lawyer needed, but I did get a quick consult from a local attorney and our military lawyers.

Whatís ironic is that I have done the ďvoluntary appeal fileĒ with the FBI in NICS due to another similar issue back in 2006 (somebody used my SSN to purchase a firearm). This is another background check, finger printing and anal-probe. After a lengthy discussion with an FBI agent and him pulling my records, he saw no red flags at the federal level and couldnít explain how FL caught the error in WA.

I still think this must be addressed at the representative level and am going to draft up some letters. My concern is that is that any form of national background check system is going to be severely prone to errors and these ďred flagsĒ are where their constituents are going to bear the burden of proof (and fees) to fight errant criminal charges or records.

ROCK6

HorseSoldier
March 13, 2013, 08:20 PM
Glad to hear someone took ownership of it and got it resolved. There is a huge problem in the bureaucratic side of law enforcement, especially when you start hopping agencies and state lines, in just getting someone to take responsibility for figuring it out and not just passing you on to someone else.

joeschmoe
March 13, 2013, 08:22 PM
BTW, you are now one of the millions of "DENIED" purchases the government loves to tout they stopped from buying a gun. They make no distinction between felons who tried and failed and lawful gun owners denied their rights.

Congrats on joining the club.

230RN
March 13, 2013, 08:29 PM
At least it wasn't some kind of hokey "terrorisim"-type mistake and you got thrown in Guantanamoleavenworth incommunicado for an indeterminate period.

I can see that happening under the Patriot Act or whatever... but we won't hear about it, will we?

Terry, 230RN

BP Hunter
March 13, 2013, 09:04 PM
Rock,

I'm glad that your problem was solved. I received my Conceal Pistol License from the Bwnton County Sheriff's department in WA State. They are very courteous and polite.

TRX
March 14, 2013, 10:51 AM
Four other men in my small (30K) town have the same first and last name I do; two have the same middle name as well.

This caused some troubles in the 1980s when the local PD "computerized." Apparently their programmer didn't consider that there might be more than one person with the same name in the same town...

I haven't had any trouble from that for many years now. Unfortunately, various credit bureaus seem to lump all of us together, and since all of the other four appear to be credit deadbeats... after years of fighting it, I finally gave up. I'd spend months getting my credit cleaned up, and then a few months later "my" report would start showing deinquent accounts from places I never heard of.

22-rimfire
March 14, 2013, 12:14 PM
Active military do have a problem when they are transferred regarding the CCW permits (and residency). Glad you got this worked out and I am pleased that you got some action.

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