I have a close friend who, at the beginning of May, went to purchase a firearm and received a NICS denial. This guy has never previously owned a gun. He has a home, kids, a good job, several college degrees. He attends church on a regular basis. He has one misdemeanor for which he paid a $500 fine in 1984. This misdemeanor was NOT for battery or assault or anything like that. There is NOTHING that should prevent him from owning a gun. So... he appealed the denial. Within 5 days (as required by law), the ATF sent him a message and request for a fingerprint card. He immediately went to the local police station, got fingerprinted, and sent off the card. A week later, he received a letter stating that his appeal is under investigation, and that they are under no time restriction at all to resolve his case. That was May 12. He is still waiting.
Well, in response to another poster, I advised my friend to write his Senator. He did. WITHIN THREE DAYS, he got a response from the FBI NICS. It turns out his 25 year old misdemeanor was incorrectly listed as a FELONY. On the FBI report, it stated that his sentence was a $33 fine, received in a municipal court. But, the PD input the WRONG code in the "Statute" field... a code for a FELONY. Upon calling the PD where he was convicted (he was convicted in the municipal court of that city 20 days after the arrest), they do not have records from 25 years ago. Neither the PD nor the municipal court has records for that long ago. As the PD records department clerk commented, "oh, that was a mistake that was input at the jail...". Now, because there are no records, no one wants to step up to the plate and write a letter to correct the mistake even though it is CLEAR from the FBI report that a mistake was made. No one from the FBI, the NCIS, the Georgia Crime Information Center, the Police department or the Municipal court is willing to change anything at all without lawyer involvement.
In short: Error inputting info at jail -> Georgia Crime Information Center database -> FBI database -> NICS database. The FBI and GCIC require the issuing entity to correct the mistake (PD). The PD clerk says , "The error was due to incorrectly inputting information at the jail. We maintain no records from that time period, as it was before their computerization. Sorry, but we can't change it."
This is the NCIS system at work. It propagates errors made by idiots. My friend has no proof of anything, and neither do they. All they have is some bits in a database and some fingerprints. Fortunately, the bits in the database conflict as the charge description, the municipal court hearing, and the $33 sentence all go to show that my friend is NOT a felon. Now all he has to do is come up with $1500 to put an attorney on retainer (fat chance) to sue the city to get it changed.
This is the NICS system at work, and the nature of databases in general. All gun owners are just a keystroke away from losing their 2A rights. More as this case pans out....
edit: At least Georgia law allows for the collection of attorny fees and court costs to correct mistakes made by the state and local governments concerning erroneous information in the GBI database at adversely affects gun owner qualification. It IS possible to sue the state or jurisdiction and get your 2A rights back, along with attorney fees and other costs.