Long day ended by a bakground check denial :(

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KennyTHX

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Oh, man... I'm so disappointed, guys. I got the day off, went and got the money out of the bank for a new Marlin 60 and went around some shops. I visited two gun shops, one of which I couldn't find very easily, all with a headache and stomach cramps. I considered going home and doing it on the weekend but I really wanted my rifle. Both the gun shops had a, "Oh, we don't carry those," type of attitude.

So I went up to WalMart to see if they had a better price on it than BiMart. They didn't... But I thought, "Well, I'm here, I'll wait for the guy they called back here and get it here." And I waited... And I waited... And just as I decided to walk off the guy goes, "Oh, hey, were you waiting at sporting goods?" and so I just said, "Yeah, I was," and walked away.

Now I'm at BiMart, I tell the sales rep I want the Marlin 60 and right off she asks, "Is your address on your ID current?" :banghead: So off to the department of licensing. I stand in line for about 40 minutes, until finally a seat is available so I sit down. The woman across from me is telling us about how she had been there for three hours, got up to the desk and they couldn't renew her license because it was a CDL, and they made her take another number. I was next but I felt so bad I gave her my ticket instead. Still got out of there five minutes later, thought, "Man, maybe today isn't so bad afterall," because I really wasn't there that long.

So I get to the store, grab a case, some targets, and go up to the counter and fill out the form. While the sales rep is on the phone with the NICS I check out some ammo, pick out a pretty big bulk size box for about $15, feel really excited...

"Well, they denied it."

Of course I ask why and he tells me they don't tell them why, and he gives me a little pamphlet basically titled, "So you just got denied buying a rifle eh?" and I guess I've got to write to the friggin' FBI to find out what's going on.

I've got a pretty good idea though. A couple of years ago I lost my mother, went through a pretty depressed episode and got sent to the psychiatric ward at a hospital because I was "suicidal"--really a misunderstanding between the remaining family and I and the fact that I was already seeing a counselor for depression. Thing is it was an emergency measure (I've been told very clearly it is not supposed to be considered the same as a court-ordered, involuntary commission) and the attorney I spoke to at the hospital said it wouldn't effect my gun rights if I didn't appeal and just let the doctor evaluate me--which I did despite the fact that he was in another state and I would have to stay there for the weekend.. I was in on Friday and out on Monday. I still see this counselor to this day and even he said that it shouldn't have effected my gun rights, and he's had to do that for a couple of people--I even discussed buying this rifle with him.

So I've got the letter sent off to the FBI asking why they denied me. I'm hoping that there was just some kind of mix up, I have a very common last name. Or perhaps I have to go through some steps to restore my rights. I considered that this might have happened, but I guess in my determination with the rests of today's crap I just didn't expect to actually be denied.

I'm just really disappointed in not getting the rifle today, but I'm also a little bit worried... From what I know if you've been involuntarily committed by court order, you do not get your gun rights back--you can apply, but don't hold you're breath.


This is such a bummer.
 
That happened to my dad a few months ago. I forgot why he was denied but he was real upset about it. He asked me to buy the gun for him but i had to say no since thats illegal in my state.
 
He asked me to buy the gun for him but i had to say no since thats illegal in my state.
Click to expand...

The law against "straw purchases" is a federal law enforceable in all 50 states
 
If there was no assault charge filed against you, I'm thinking there was another reason for the denial. Probably just a mix up. Please keep us posted.
 
That's a bummer for sure and it could have very well been due to the depression that you mentioned. Unfortunately you wont know the real reason until they get back to you... eventually.

Best of luck moving forward with this.
 
Don't know where you are, but in Virginia, a "voluntary" admission after a TDO detention will cost your your gun rights.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+37.2-819

The clerk of court shall also, as soon as practicable but no later than the close of business on the next following business day, forward upon receipt to the Central Criminal Records Exchange (this is the STATE POLICE), on a form provided by the Exchange, certification of any person who has been the subject of a temporary detention order pursuant to § 37.2-809, and who, after being advised by the judge or special justice that he will be prohibited from possessing a firearm pursuant to § 18.2-308.1:3, subsequently agreed to voluntary admission pursuant to § 37.2-805.
Click to expand...
 
Too late now but you can use another goverment issued document with your address on it if you drivers license address isn't current. I've used my auto registration card in conjuction with my DL multiple times.

Anyway, hope it gets worked out soon.
 
I've got a pretty good idea though. A couple of years ago I lost my mother, went through a pretty depressed episode and got sent to the psychiatric ward at a hospital because I was "suicidal"--really a misunderstanding between the remaining family and I and the fact that I was already seeing a counselor for depression. Thing is it was an emergency measure (I've been told very clearly it is not supposed to be considered the same as a court-ordered, involuntary commission) and the attorney I spoke to at the hospital said it wouldn't effect my gun rights if I didn't appeal and just let the doctor evaluate me--which I did despite the fact that he was in another state and I would have to stay there for the weekend.. I was in on Friday and out on Monday. I still see this counselor to this day and even he said that it shouldn't have effected my gun rights, and he's had to do that for a couple of people--I even discussed buying this rifle with him.
Click to expand...

I just re-read your post. I highlighted a few key words.

Depending on the State, what transpired during that weekend could be deemed as an involuntary commitment. Again, depending on the State, any period 24 hours or more under emergency observation can be deemed as involuntary.

About 15 years ago, in the field on assignment, one of my employees got totally drunk after-hours and called crying to her mom about how pathetic her life was. This employee started talking about suicide. Yup, you got it - mom called the authorities and next thing we knew - they were carting her off from her hotel room!!! The authorities would not release her to me (her boss) until she was held for 24 hours for observation. When I signed her out, the on-duty at the psych ward told me that she basically lost her gun rights permanently.

Obviously appeal to find out why you were denied, but you may also want to brace yourself for the worst case.
 
Same thing happens with a pilot's license from what I've heard (but never bothered to confirm). Last thing you want is the FAA and Homeland security thinking that you're gonna take that last step. I just avoid head shrinks at all costs.
 
this is very alarming to me...maybe this is extreme....but what is to keep someone ( anti for example ) on calling the authorities telling them somone is acting crazy and threatening suicide....now that person might be place on watch "just in case"....if someone just wanted to destroy a customers gun rights it seems like they could (in some states anyway)
 
^^^
Yes, this could happen. It all comes down to the common sense of the authorities and how one presents themselves to the authorities - oh and the State which it happens in...
 
And to make matters worse, you wrote that whole thing out and never mentioned what state you're in, and never entered your state in your profile so it would show under your name.
 
Mainsail said:
And to make matters worse, you wrote that whole thing out and never mentioned what state you're in, and never entered your state in your profile so it would show under your name.
Click to expand...
I love internet sleuthing..

Bi-Mart Store Locations & Hours of Operation
Currently, Bi-Mart has 72 stores in communities throughout Oregon, Washington, and Idaho and is continuing to expand throughout the Northwest.
Click to expand...
 
It's amazing how the VT Shooter and Loughner got their guns despite being declared completely nuts, yet you get denied over a brief BSOD. I occasionally have some spells of unhappiness myself and I always feel hesitant to reach out because of the possibility that me saying: "I'm not satisfied with my life, my relationships, other people, or myself and I'm unhappy" is going to be interpreted as: "I hate the world and I want everyone to die!" Is it private sale time?
 
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It's amazing how the VT Shooter and Loughner got their guns despite being declared completely nuts, yet you get denied over a brief BSOD.
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Very good point.

I feel for the OP as I've been there myself, didn't go to the hospital. Now I'm glad that I didn't go after reading this. The problem with this is a snapshot in time doesn't predict future behavior.
 
Because denying denying a rifle purchase guarantees that buyer will not commit murder or suicide. Right.

Another case of 'possibly preventing something' versus sticking it to everybody else as much as humanly possible.
 
Same thing happens with a pilot's license from what I've heard (but never bothered to confirm). Last thing you want is the FAA and Homeland security thinking that you're gonna take that last step. I just avoid head shrinks at all costs.
__________________
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Gosh, I know.... a friend of mine was halfway through flight lessons, went to a doctor thinking he had OCD or something, and next thing we know, there goes his chances of a pilot license. And he didn't have any problems either.
 
@Mainsail ( and others who may know something ), oh yeah, sorry. I'm in Washington state

Anyway, I got the inquiry off in the mail but I've got to wait for it to get to Virginia and then wait five days for their response. Hopefully I'll be able to appeal and won't just get a letter saying, "You no longer have gun rights," or something.
 
Might have something to do with the fact that you changed your DL address that day. I'd say see what the FBI has to say before we jump the gun on this one.
 
This is a strange conflict. Many liberals want mental health covered by insurance but seem to be all for taking gun rights away if there is a minor hickup along the road of life.

About 11 years ago, I kept looking at every bridge abutment as a good place to end things after my marriage came apart at the end of a cross state bicycle tour. I didn't want to do anything to my wife or the :cuss: boy friend. I just wanted to end my pain.

That want of ending the pain was countered by the grief experienced by my wife when her father committed suicide a year before. Suicide is often a very selfish act and harms those that are left.

I suspect a lot of us have been to the edge before and we stayed sane though we had some crazy thoughts running loose in our minds for a while.

Clutch
 
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