They all ready have both on me from when I was in the Army. I used to get denied every time because my dear brother used my name as an alias. I would send fingerprints in and in 3 weeks get a letter back saying I could get a firearm. I did the VAF and don't have any problems with getting denied. I should never have had to do that but if it keeps my brother from getting his hands on a gun then so be it.
Anyone here have to go through NICS appeal?
- Thread starter j_dude77
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Kind of Blued
Member
When in doubt, refuse rights. 
When a situation occurs in which the government fails to do their job, we should get the benefit of the doubt.
When a situation occurs in which the government fails to do their job, we should get the benefit of the doubt.NICS Appeal Time?
I just sent my appeal on a NICS delay Jan 20th, I keep calling but they havent got to it... apparently its because of missing dispositions (charges dropped) so I faxed copies of court abstracts..... Does anyone know how long this process takes??? they told me they just came off the busy season and are backed up?? anyone else apply around jan/feb??? :banghead:
I just sent my appeal on a NICS delay Jan 20th, I keep calling but they havent got to it... apparently its because of missing dispositions (charges dropped) so I faxed copies of court abstracts..... Does anyone know how long this process takes??? they told me they just came off the busy season and are backed up?? anyone else apply around jan/feb??? :banghead:
Worried about finger prints?
Hey, if you're "clean" why worry about your finger prints---unless, of course, you might be plannng on getting "unclean!"
I was in military service. I've had a top security clearance. I've carried in several states. Heck,so many agencies have my prints I'm forever commited to being a "good little kid!" And it has an upside: It's harder to have your id stolen if you've spread your prints around enough! Hey, I'd like to see my finger print go every where my signature goes!
Hey, if you're "clean" why worry about your finger prints---unless, of course, you might be plannng on getting "unclean!"
I was in military service. I've had a top security clearance. I've carried in several states. Heck,so many agencies have my prints I'm forever commited to being a "good little kid!" And it has an upside: It's harder to have your id stolen if you've spread your prints around enough! Hey, I'd like to see my finger print go every where my signature goes!
janedoedad
Member
NICS Appeals move slower than a Sloth on valium
Currently going throught the NICS appeals process and getting irritated.
25 Nov 08: Went to my local Georgia FFL to complete transfer of handgun shipped from a shop in Ohio. NICS came back denied. FFL provided me the NICS denial brochure and NTN.
26 Nov 08: Began appeals process by Email.
3 Dec 08: Received the official written response from NICS, along with a blank fingerprint card, stating that I (or someone like me ) was a convicted felon.
4 Dec 08: Fingerprinted at the Sheriff's station and mailing card back to NICS.
19 Dec 09: Received letter from NICS dated 15 Dec 08, stating that the fingerprints had been received and that the appeal was being processed.
14 Feb 09: Still waiting!
I now own a handgun that I cannot receive and is sitting on back shelf at the FFL collecting dust.
So, how long does it actually take NICS to process an appeal? It only takes 30seconds for a voice on the phone to deny the purchase. Why should it take so long for the system to respond with an approval for purchase or specific reason for denial?
I am not a felon. Arrested twice - charges dismissed . I have been through several background checks as an adult with no indication of any problem. Like Polekitty, my prints are everywhere.
While this doesn't help your case any, just want you to know that you are not alone in the waiting room.
If I do not receive a response by the end of this month, I will write to my political representatives asking them to inquire as to the cause of the delay.
Have a better day.
JDD
Currently going throught the NICS appeals process and getting irritated.
25 Nov 08: Went to my local Georgia FFL to complete transfer of handgun shipped from a shop in Ohio. NICS came back denied. FFL provided me the NICS denial brochure and NTN.
26 Nov 08: Began appeals process by Email.
3 Dec 08: Received the official written response from NICS, along with a blank fingerprint card, stating that I (or someone like me
) was a convicted felon.4 Dec 08: Fingerprinted at the Sheriff's station and mailing card back to NICS.
19 Dec 09: Received letter from NICS dated 15 Dec 08, stating that the fingerprints had been received and that the appeal was being processed.
14 Feb 09: Still waiting!
I now own a handgun that I cannot receive and is sitting on back shelf at the FFL collecting dust. So, how long does it actually take NICS to process an appeal? It only takes 30seconds for a voice on the phone to deny the purchase. Why should it take so long for the system to respond with an approval for purchase or specific reason for denial?
I am not a felon. Arrested twice - charges dismissed . I have been through several background checks as an adult with no indication of any problem. Like Polekitty, my prints are everywhere.
While this doesn't help your case any, just want you to know that you are not alone in the waiting room.
If I do not receive a response by the end of this month, I will write to my political representatives asking them to inquire as to the cause of the delay.
Have a better day.
JDD
I wouldnt doubt the truth is a problem on CA end of the deal (for the one responder). I Knew a guy who grew up in CA, bought a car and registered it there, 6 years later he had to register it in another state. That state took the car as evidence after it was found to have been stolen by the guy who sold it to him in CA years earlier, not beyond the statuate of limitations when it happened. The real shame was he restored the earliy 70s camaro for many thousands during that time, all along with a legal CA registration.
CAVMANROCKRDUDE
Member
- Joined
- Jul 15, 2009
- Messages
- 3
have I been .....
I went to local gun store was refused a pistol and told to check back in a week at which time they said they recueved no reason they then sold me my gun and 2 weeks later I get this letter from the justice dept. saying they were coming to take my gun for a 33yr old pot charge(misdemeanor) and they claimed it was a felony and asked me if I could prove otherwise...(guilty until proven innocent???)so I wrote to Ore. paid $20.00 for cetified copies of the case and then cotacted justice dept.again and they said wait until they conducted their own investigation,,,and when they finished they said I was not on Ore. no gun list(they even talked to ore. legal counsel)I then recieved letter from them saying they were closing case.gave me they nics number and a pamplet for appeal ...I have faxed $40.00 worth of of copies of the original letter the case closed letter(from the justice dept) and told them that I have carried a secret clearance from D.O.D for 7 years who did their own check and this issue never came up ...and they claimed the weren't allowed to talk to d.o.d...gee who would expect one agency to talk to another...(what was I thinking)....well $60.00 later and mucho paranoia I have yet to hear from nics appeal yet........now my livelyhood, my home protection my ability to go into desert(bought a snake gun) to get rocks(my hobby) I am a card carrying nra member have owned guns since I was sixteen am now 50+ and now I feel the govt. robbing me of my rights...any opinions of how to proceed from here to get this fixed sure would be helpful...
I went to local gun store was refused a pistol and told to check back in a week at which time they said they recueved no reason they then sold me my gun and 2 weeks later I get this letter from the justice dept. saying they were coming to take my gun for a 33yr old pot charge(misdemeanor) and they claimed it was a felony and asked me if I could prove otherwise...(guilty until proven innocent???)so I wrote to Ore. paid $20.00 for cetified copies of the case and then cotacted justice dept.again and they said wait until they conducted their own investigation,,,and when they finished they said I was not on Ore. no gun list(they even talked to ore. legal counsel)I then recieved letter from them saying they were closing case.gave me they nics number and a pamplet for appeal ...I have faxed $40.00 worth of of copies of the original letter the case closed letter(from the justice dept) and told them that I have carried a secret clearance from D.O.D for 7 years who did their own check and this issue never came up ...and they claimed the weren't allowed to talk to d.o.d...gee who would expect one agency to talk to another...(what was I thinking)....well $60.00 later and mucho paranoia I have yet to hear from nics appeal yet........now my livelyhood, my home protection my ability to go into desert(bought a snake gun) to get rocks(my hobby) I am a card carrying nra member have owned guns since I was sixteen am now 50+ and now I feel the govt. robbing me of my rights...any opinions of how to proceed from here to get this fixed sure would be helpful...
"ok seriously....why is it a bad thing for the FBI to have your prints on record? What, you think one day the FBI, ATF and other fed agencies will magically turn into the Gestapo and break down your door and take you out to a concentration camp and shoot you?"
Why is it so impossible? It's happened in plenty of other countries. (Germany for one.) Why assume the U.S. is magically immune to political shifts that infringe on it's citizens' liberty? Why disparage people concerned about privacy and due process - these are valid, important concerns in a democracy. Gun control laws have criminalized plenty of recreational shooters with no ties whatever to gang bangers or mafia or any other "real" criminals, and the ATF has shown no reluctance whatsoever to prosecute and send to jail otherwise law-abiding people who never harmed anyone with their "illegal" guns. As for the silly, joe the plumber redneck caricature you included in your post...that just demonstrates your own ignorance.
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But what constitutes "clean" - that's subject to the vagaries of whatever government holds sway. In a reasonable, representative government that respects your liberties, no problem. But there is no magical guarantee that the gov. will always be such. What happens if they want to deny your rights based on a political view, ethnicity or religion? What happens in societies where "clean" means not having a Jewish grandmother, or never having associated with someone sympathetic to Communism, or joined the labor movement, etc.? What if "clean" someday means things other than what it means right now?
gunchecklawyer
Member
- Joined
- Apr 20, 2010
- Messages
- 1
Some people go through the NICS appeal process with relative ease and for others it takes a lot of time. It really depends on the reason for the denial and the circumstances (passage of time, availability of court records) and their workload (see for example this story http://www.nraila.org/News/Read/InTheNews.aspx?ID=13631)
If you get frustrated check out the following www.gunchecklawyer.com. I will be adding some helpful how-to's in the coming days.
If you get frustrated check out the following www.gunchecklawyer.com. I will be adding some helpful how-to's in the coming days.
Sure glad they have all these rules so we can get guns and criminals cant....well except criminals already have guns and ours are collecting dust at a FFL because of the government screwed up system and restrictions, but at least we have our guns well at the FFL ready to be picked up, that'll keep me safe
blah blah blah
Its Bullcrap, PERIOD! My BIL is a 03xx Marine, he carried a 240G regularly in Iraq, not to mention Frags, det cord C4 and had access to trucks full of BOOM, he comes home and gets denied to buy a dang shotgun, took him a while to square it away, its a BS system
blah blah blah
Its Bullcrap, PERIOD! My BIL is a 03xx Marine, he carried a 240G regularly in Iraq, not to mention Frags, det cord C4 and had access to trucks full of BOOM, he comes home and gets denied to buy a dang shotgun, took him a while to square it away, its a BS system
Mike128
Member
Wow, I can't believe this is still going.
Janodad,
Hopefully you have your gun by now. I can help answer your question. From what the ladies told me, waiting to clear up NCIS depends on the goverment agency they are requesting the information from. If that agency/state doesn't give it than your are delayed until they do. There is not time line that the agency/state has to provide it by. The ladies answering the phone for NCIS was very good about trying to pressure the state to get mine to them in a timely fashion.
I have bought a couple of guns since my denial and have not had any problems (no VAF needed). However, recently I purchased a gun through the FFL where I had my first denial and was denied again. Thankfully the employee remembered me. I went home got my identification number from the VAF and it went through cleanly. Took my shotgun home the same day. But will need my identification number from now on.
Janodad,
Hopefully you have your gun by now. I can help answer your question. From what the ladies told me, waiting to clear up NCIS depends on the goverment agency they are requesting the information from. If that agency/state doesn't give it than your are delayed until they do. There is not time line that the agency/state has to provide it by. The ladies answering the phone for NCIS was very good about trying to pressure the state to get mine to them in a timely fashion.
I have bought a couple of guns since my denial and have not had any problems (no VAF needed). However, recently I purchased a gun through the FFL where I had my first denial and was denied again. Thankfully the employee remembered me. I went home got my identification number from the VAF and it went through cleanly. Took my shotgun home the same day. But will need my identification number from now on.
Welcome back Agent Shmuckatelli. This place just hasn't been the same without you...
janedoedad
Member
Hello,
I had forgotten about this thread until it popped back to life this week.
YES, I now own the aforementioned handgun. As it turns out, I was a convicted felon for about 25 years!
In 1984, I was arrested for Felony Stupidity. The court was kind enough to realize that first-offense/pre-trial intervention/not-gonna-happen again treatment was appropriate. After 2 years of informal probation the charges were to be dismissed.
MY MISTAKE was thinking that the charges would fall off after the two years. I received the completion of probation notification and all that. Life is good. OOPS! Turned out that it was my responsibility to personally contact the court and request the charges be dropped. I had not done this and it came back to bite me when I FFL purchased a gun for the first time in 20-some years.
During the NICS appeal this came up and I contacted the court where this took place; the charges were officially dropped, then forwarded the documentation to NICS.
NICS accepted the documentation and approved my firearm purchase. I immediately applied for a Georgia Firearms License and was approved. No more NICS for the next 4 years!!
The funny part of this is that during the time I was a "Convicted Felon", I carried a US Govt security clearance as both military and civilian, worked in federal law enforcement, EMS at federal and state level and as a firefighter at city, state and federal levels with no problem. Only when I wanted to buy a new handgun was there an issue. Do you feel safer now?
I had forgotten about this thread until it popped back to life this week.
YES, I now own the aforementioned handgun. As it turns out, I was a convicted felon for about 25 years!
In 1984, I was arrested for Felony Stupidity. The court was kind enough to realize that first-offense/pre-trial intervention/not-gonna-happen again treatment was appropriate. After 2 years of informal probation the charges were to be dismissed.
MY MISTAKE was thinking that the charges would fall off after the two years. I received the completion of probation notification and all that. Life is good. OOPS! Turned out that it was my responsibility to personally contact the court and request the charges be dropped. I had not done this and it came back to bite me when I FFL purchased a gun for the first time in 20-some years.
During the NICS appeal this came up and I contacted the court where this took place; the charges were officially dropped, then forwarded the documentation to NICS.
NICS accepted the documentation and approved my firearm purchase. I immediately applied for a Georgia Firearms License and was approved. No more NICS for the next 4 years!!
The funny part of this is that during the time I was a "Convicted Felon", I carried a US Govt security clearance as both military and civilian, worked in federal law enforcement, EMS at federal and state level and as a firefighter at city, state and federal levels with no problem. Only when I wanted to buy a new handgun was there an issue. Do you feel safer now?
deshawn124
Member
- Joined
- Jul 16, 2015
- Messages
- 1
I am going through it now!!!
I had a misdemeanor for battery & intimidation when I was about 22 or 23. In 2013 Indiana changed its laws and started allowing people to have certain things expunged. So, fast forward to Feb 2015, I had my convictions expunged.
As soon as the judge ruled and they expunged my record, I purchased a rifle. Although I had the 3 day delay, I thought that it was okay because I had recently got the expungement. Fast forward to April of 2015 I applied and received my CCW (Carrying a Concealed Weapon) permit here in Ohio, which I remind you is only approved after a background check is completed. So, I go to my gun dealer and buy a handgun to carry on my person. Low and behold, I still have the 3-day delay, which I guess was cool since my expungement is still fresh. Now, about a week ago, I tried to purchase an AK-47, and was denied.
Here is where it gets interesting, last Friday the ATF came to my house when my wife & I were gone. They left a business card, and I tried contacting this guy all weekend. I was paranoid that my door was going to get kicked in. So, I finally spoke to him on Monday (7/13/15) and he told me that I should not have been allowed to purchase the firearm. I then told him that I had those charges/convictions expunged and that there should be no issues. He said he would call me back when he got to his office around lunch time and had my file in front of him.
Being impatient, I called him about 2, and he pretty much rushed me off the phone. I then started doing research to find out who the Cleveland area supervisor was, and got in touch with him as this has to be some sort of mistake. He didn't say or do much, so I actually e-mailed the management members of the ATF in Ohio, their legal team, and the Director of the BATFE. I explained to them that I had done everything right and was paranoid and scared that I am being unfairly targeted. Miraculously, within an hour of that email to the top brass, the ATF agent called me back and explained that I had no reason to worry and that if they were coming to kick my door in, he would have showed up with 8 guys, and not to drop off a business card. He then goes on to tell me that he will perform his due diligence and consult the ATF legal team, which I interpreted as "I will check to see if its expunged."
With all of this going on, I initiated the NICS background check. I went and had my fingerprints rolled at the Cleveland Heights Police Department. After that, I scanned them into a PDF file, and filed an appeal online with the FBI. I included a copy of the judge's orders expunging my past issues. I also faxed an appeal to the FBI, just in case they made an excuse about the online submission. And to be an *********, I sent them a certified envelope with all of the originals.
I am assuming that I will be receiving a UPIN within the coming weeks, but we will see.
I had a misdemeanor for battery & intimidation when I was about 22 or 23. In 2013 Indiana changed its laws and started allowing people to have certain things expunged. So, fast forward to Feb 2015, I had my convictions expunged.
As soon as the judge ruled and they expunged my record, I purchased a rifle. Although I had the 3 day delay, I thought that it was okay because I had recently got the expungement. Fast forward to April of 2015 I applied and received my CCW (Carrying a Concealed Weapon) permit here in Ohio, which I remind you is only approved after a background check is completed. So, I go to my gun dealer and buy a handgun to carry on my person. Low and behold, I still have the 3-day delay, which I guess was cool since my expungement is still fresh. Now, about a week ago, I tried to purchase an AK-47, and was denied.
Here is where it gets interesting, last Friday the ATF came to my house when my wife & I were gone. They left a business card, and I tried contacting this guy all weekend. I was paranoid that my door was going to get kicked in. So, I finally spoke to him on Monday (7/13/15) and he told me that I should not have been allowed to purchase the firearm. I then told him that I had those charges/convictions expunged and that there should be no issues. He said he would call me back when he got to his office around lunch time and had my file in front of him.
Being impatient, I called him about 2, and he pretty much rushed me off the phone. I then started doing research to find out who the Cleveland area supervisor was, and got in touch with him as this has to be some sort of mistake. He didn't say or do much, so I actually e-mailed the management members of the ATF in Ohio, their legal team, and the Director of the BATFE. I explained to them that I had done everything right and was paranoid and scared that I am being unfairly targeted. Miraculously, within an hour of that email to the top brass, the ATF agent called me back and explained that I had no reason to worry and that if they were coming to kick my door in, he would have showed up with 8 guys, and not to drop off a business card. He then goes on to tell me that he will perform his due diligence and consult the ATF legal team, which I interpreted as "I will check to see if its expunged."
With all of this going on, I initiated the NICS background check. I went and had my fingerprints rolled at the Cleveland Heights Police Department. After that, I scanned them into a PDF file, and filed an appeal online with the FBI. I included a copy of the judge's orders expunging my past issues. I also faxed an appeal to the FBI, just in case they made an excuse about the online submission. And to be an *********, I sent them a certified envelope with all of the originals.
I am assuming that I will be receiving a UPIN within the coming weeks, but we will see.
LiveFreeOrDie619
Member
- Joined
- Mar 15, 2016
- Messages
- 2
Anyone seen this:
https://www.nraila.org/articles/20160122/no-way-out-feds-stop-processing-nics-denial-appeals
So if you're denied (I was, for no good reason) I can no longer appeal? The website is still active and allows me to fill out the appeal form but apparently it will go nowhere.
https://www.nraila.org/articles/20160122/no-way-out-feds-stop-processing-nics-denial-appeals
So if you're denied (I was, for no good reason) I can no longer appeal? The website is still active and allows me to fill out the appeal form but apparently it will go nowhere.
bikemutt
Member
You can appeal, it may just take longer for it to be addressed. If there really is a queue, you won't get any closer to the front of it by waiting to get in line.
Sorry about the deny, been there, done that, waited and prevailed
Sorry about the deny, been there, done that, waited and prevailed
No reason to revive an ancient thread. Let's keep things current. Things change.
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