Denied by NICS: Experiences?

[raghorn]

This morning I scurried happily down to my local dealer to take possession of the newly arrived Hi-Power I ordered a week ago. I filled out my yellow sheet like a good little citizen and fondled the pistol while the clerk called NICS. I was dumbfounded when she looked up at me and said, "denied."

Now, I have purchased an average of one firearm per year over the past ten years and I have never had any problem with the NICS check. I've never had any criminal record, and have possessed a CCW since 1995. The last pistol I bought was "delayed," but not denied.

So far I've done the only thing I can, which is to write the FBI requesting the reason for my denial. From there I can start the long and frustrating appeals process if that's what becomes necessary. :banghead:

Here are my questions for others here who have undergone a similar experience: If there truly were no disqualifying factors, what were the causes for your initial denial, were you able to resolve them and what did you have to go through to do it?

I'm pretty freaked out by this at the moment, as I now am forced to wonder exactly what misinformation Big Brother may have compiled about me.

 

[cuchulainn]

Did the clerk try running it again? There's always the chance of a typographical error when entering the request. Maybe the computer thought you were someone else.

 

[RavenVT100]

Here in the PRNJ, a NICS denial is immediately sent to the State Police fugitive unit, which will result in your arrest and prosecution. They have zero tolerance for it here. Woe is you if they make a mistake.

 

[Greg L]

It was denied rather than delayed? See if your FFL will run it again & if the answer is the same see if he can ask for a reason.

I used to get delayed all the time (so much that it was a running joke at the store ) but eventually it smoothed out with no explanation to why there was a problem in the first place.

Good luck.

 

[wdlsguy]

Why are they running a NICS check on you if your Idaho CWL is current?

http://www.atf.gov/firearms/bradylaw/permit_chart.htm

 

[Henry Bowman]

Did you give your SSN? Doing so might clear it up, . . . or seal your fate.

 

[raghorn]

The clerk won't run it again; they repeated all of the data back to her over the phone the first time. NICS won't give a reason at the time of denial, I have to request it in writing (which I've already done). I gave my SSN; makes me curious if maybe there's been an identity theft.

wdisguy: My CCW is in Washington, not Idaho. That allows me to carry in both states, but not to purchase in Idaho without an NICS check.

 

[TheGoodLife]

Nics?

Sorry for the newbie question, but what is NICS?

Thanks.

 

[raghorn]

It's the FBI's instant background check system.

 

[cuchulainn]

NICS = National Instant Check System

Instant is a relative term.

 

[LAR-15]

It was created by noted anti gunner former Senator Bob Smith of New Hampshire.

 

[P95Carry]

IIRC - in full -

NICS - National Instant Criminal Background Check System.

Indeed, ''instant'' is very much open to doubt in some cases, tho fortunately for me it has always been very speedy.

 

[Control Group]

The NICS check is the biggest reason in my mind that every single American should buy a gun. I can't help believing that most - not all, but most - people, once they had gone through the experience of waiting for some faceless, unapproachable, unaccountable voice on the other end of a phone to approve them to complete a purchase, would really begin to See The Light regarding gun laws.

And the ones who went through it and still believed that it was a good idea, well...they were a lost cause to begin with.

So far, I'm happy to say that my gun purchases have sailed through NICS without a hitch. I can easily imagine, however, the worry and/or frustration that I'd face if I ever got denied. I liken it to the feeling I had the first time I found my car had been broken into: a combo platter of helplessness and anger.

 

[Daniel T]

Well, you're obviously a criminal. You shouldn't have done the crime if you can't do the time. Suck it up and take your punishment like a man.



...and if it wasn't obvious: /sarcasm.

 

[sumpnz]

Never even been delayed, even when I declined to provide my SSN. Now that I have a CCW, NICS can be bypassed at least here in AZ.

Get a credit report. That'll tell you pretty quickly if you've been the victim of ID theft. Make sure you get a report from all 3 agencies. Make sure you get the most detailed report possible, even if you have to pay for it (your bank's loan dept should be able to do that for you if you don't want to do it on your own).

Good luck in getting this cleared up. Did you get a refund on the pistol, or are you having the dealer hold it for you in hopes of a quick resolution?

 

[blackdragon]

denied, again

I've been denied 3 times, out of probably 9 purchases. One was definately a paperwork issue.

The other two? Not sure. I filed my appeal paperwork, with mug shot and prints, and got a letter a couple weeks later authorizing the purchase, no real explanation what went wrong.

And yes, I supply my social...

Adds a little more excitment to the purchase procedure than I like..

Keith

 

[Zundfolge]

My FFL has told me that he's had guys denied, guys he's known for years and knows they are "clean". He says the problem is if you have a common name (like Smith or Jones).

Thankfully I have a weird last name

But every time I have to go through an NICS I sweat a bit until it comes through clear.

Sucks that you can have a basic human right infringed upon by clerical errors. :banghead:

 

[Sharps Shooter]

Raghorn????

Same question as wdlsguy - why did the clerk run a NICS check on you if you have an CCL? It sounds to me as if she didn't know what the **** she was doing.

 

[raghorn]

Keith - how long did your entire appeal process take?

Sharps Shooter - my permit was not issued in this state, so the check is required. The plus side is now I'm aware there's a problem and can attempt to resolve it. Better to find out about it now than when I try to renew the CCW.

 

[cidirkona]

That sucks. Here in Az, all you gotta do is plop your ccw on the counter and it IS your ok'd NICS.

-Colin

 

[EOD Guy]

The FBI has established a procedure where you can establish a voluntary appeal file which should avoid any such future denials. You will be given a personal identification number to be used with the 4473 and will be given with the NICS check information.

See page 8 on the FFL newsletter (see the URL).

http://www.atf.treas.gov/firearms/newsletter/0205fflnewsletter.pdf

 

[Sharps Shooter]

Thanks Raghorn. I didn't know that about a CCL being issued in another state. Like ciderkona, I've always just shown my CCL to the clerk and a background check was never required. Until a few months ago that is - I screwed up and let my CCL expire. I've renewed it now, but a week after it expired I bought a gun and they had to call in. I was delayed for a while.

 

[Standing Wolf]

Somebody wise me up, eh? Have I been missing something all these years? I don't recall seeing anything in the Second Amendment about background checks.

 

[Zundfolge]

Standing Wolf ... its in the fine print

 

[Philip J. Hoffmann]

...

along with "Void where prohibited by law. Offer not good at all locations. Subject to availability. Not available in NJ, NY, or CA."

PJH