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NICS Denied

Discussion in 'Legal' started by quilobo, Feb 9, 2011.

  1. quilobo

    quilobo Member

    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.
  2. UnknownGunMan

    UnknownGunMan member

    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.
  3. quilobo

    quilobo Member

    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.
  4. browneu

    browneu Well-Known Member

    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.
  5. quilobo

    quilobo Member

    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.
  6. browneu

    browneu Well-Known Member

    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.
  7. mcdonl

    mcdonl Well-Known Member

    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.
  8. Cosmoline

    Cosmoline Well-Known Member

    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.

    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.
  9. quilobo

    quilobo Member

    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.
  10. quilobo

    quilobo Member

    To be clear it wasnt another purchase it was the same gun at the same dealer
  11. dogtown tom

    dogtown tom Well-Known Member

    FBI NICS does not ask for your address:
    Last Name
    First Name
    Middle Name
    Cadence (Jr., Sr., II)
    Place of birth
    Social Security #(optional)
    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.
  12. quilobo

    quilobo Member

    ok I understand now.
  13. sonick808

    sonick808 Well-Known Member

    do you have a common name ?
  14. Black Butte

    Black Butte Well-Known Member

    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?
  15. Cosmoline

    Cosmoline Well-Known Member

    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.
  16. quilobo

    quilobo Member

    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
  17. Cosmoline

    Cosmoline Well-Known Member

    That's a thin reed to rest on. You really need to hold off until you receive the official response to your inquiry.
  18. quilobo

    quilobo Member

    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.
  19. dogtown tom

    dogtown tom Well-Known Member

    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.
  20. Cosmoline

    Cosmoline Well-Known Member

    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.

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