Nics questions.

Denied, but for what reason? If you were judicially adjudged to be mentally incompetent, then that is an issue. I am unaware of them going through medical records, however.

I assume it is illegal for me to possess my firearms having been denied the sale.

Click to expand...

Why would you assume that? A NICS denial is not on the list of things that makes a person prohibited from possessing firearms. It only prevents an FFL from transferring a firearm to you, nothing else.

Can nics search your medical records?

Click to expand...

Is anybody else suspicious there is more to this story?

Gatewood Recently I have been denied the purchase of a firearm here in tx. In the past I have had no troubles with purchasing firearms. Did they change the rules of the system within the past 5 years or so? Can nics search your medical records?
I assume it is illegal for me to possess my firearms having been denied the sale. What charges would I face if I used a firearm against a person breaking in my home if I am legally justified? Would they take my weapons and charge me criminally?

Click to expand...

When your dealer told you that you were denied did he give you your NICS Transaction Number (NTN) and information on how to find out the reason for your denial? (He is required to do so)

If not you need to call your dealer and get the NTN....NOW.

You can fax, email or snail mail the FBI and they will respond in five days with the reason for your denial (if you haven't already done so) Asking this question here will get you nothing. Only the FBI knows and they will only tell you AFTER you submit your request in writing.


Here is a link to the FBI NICS Appeals Brochure:http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng

Current FBI NICS appeals are taking around 165 days. Until your denial is overturned, do not attempt to purchase a firearm from a licensed dealer.

^^^^

What NAVYLCDR said.

A NICS denial means not eligible to REDEEM or RECEIVE a firearm in one specific instance.

Sometimes bad or incomplete data gets into NICS. For instance, we had a customer get denied on a transfer, yet the customer had recently renewed his concealed-carry permit (CHL <> bypass NICS in my state).

Long story short, he had been arrested during the 1970's in another state, but the charges were later dropped as another guy admitted to the crime. The state was slowly (manually) adding its old criminal records into NICS as they were all on paper. The arrest was entered, but not the final disposition (charges dropped), so all NICS knew was that there was an outstanding felony arrest for the purchaser and he got flagged.

He did eventually get a UPIN but as Tom pointed out, it took a while.

Gatewood I have not yet recieved my response concering the nics denial. Several years ago I was arrested twice for driving under the influence though one of them was dropped. Also I have been going to a doctor who describes me anti-depressants. So I suspect that might have something to do with it. It seems to be a gray area on what they can deny you for. Hopefully this can be worked out if not I will be consulting an attorney. And I understand gun rights lawyers are very expensive. Thanks for the answers they were very helpful.

Click to expand...

Arrests don't mean squat........convictions do.
If your DUI was a felony or a misdemeanor where you could have been sentenced to more than a year in jail....you're a "prohibited person".

Medical records are not reviewed by the FBI NICS. If you were adjudicated "mentally defective".....then a judge, court, etc would have made that decision (not solely an MD)

There are no "gray areas"......the Form 4473 is pretty darn clear as to the prohibiting criteria.

Consulting an attorney is a waste of your time and money at this point. Once the FBI responds with the reason for your denial, they will also give you information on how to appeal the decision. Once you have submitted the required documentation, the FBI will either grant your appeal or uphold the denial. If the denial is upheld THEN you need to find an attorney.

If the denial is due to something in your criminal history, you may need an attorney to correct any errors.

I'll also add that if you are a Texas resident, and you get this cleared up, you really need to get your Texas CHL. On future purchases, a Texas CHL holder does not have to undergo a NICS check. Pay your money, show your card, fill out the 4473, and take your gun with you.

Also I have been going to a doctor who describes me anti-depressants. So I suspect that might have something to do with it.

Click to expand...

You are forbidden from possessing firearms only if you have been found mentally incompetent by a judge or have been involuntarily committed to a psychiatric facility. Simply being prescribed antidepressants is a long way from being disqualified.