Anyone here have to go through NICS appeal?

[j_dude77]

Well after purchasing guns for years and having no problems clearing the NICS check, I got denied recently when I went to purchase a handgun. Was a surprise to me considering I bought a rifle about 6 months prior to this. Well they sent me the fingerprint card and I took it down to my local police department and had them print me, sent it in and am waiting for a response. Just wanted to know if anyone else has had to go through this?

 

[young hunter]

I know how you feel . About a year and a half ago I went into a gun store to pick up a new handgun but failed the backround check . I thought that was strange because i sell firearms at a sporting goods store . anyway all I had to was call a number they give you if you think that you were unfairly denied . When i called and talked to a lady about it she told me that she would call the gun shop and correct the problem . So about an hour after being denied I was walking out with my new gun . Sometimes mistakes just happen I wouldnt worry about it . you might want to ask if they have a number you can call about it in your state . good luck and don't sweat it .

 

[LAK Supply]

I just got done with my VAF process. When I was younger and dumber I got a little drunk and did something I shouldn't have, getting caught with some exotic tobacco in the process. Although it was not really anything too bad, it could have turned into a mess and I could have added a prohibiting factor to my record. The charged ended up getting dismissed and I had no problems buying guns for the last several years in CA.

When I moved back to WY, my first purchase was held up (CA does their own DROS while WY and most other states call the NICS center for the background). NICS told the dealer to hold the transaction for 72 hours, then proceeded to call back and say I was denied. They called back 5 minutes later (dealer says this has never happened to them before) and said nevermind the the first call and to put me back on the hold. They never called back again and I was able to pick my gun up at the end of the 3 days.

I've since purchased 4 or 5 guns from that same store, and although the feds have not tried to deny me again I get put on that stupid hold every time. After the last time I called the NICS center and asked them what the problem was. After explaining the situation the lady told me that CA updated their records to reflect the dismissal but that the feds still had an incomplete record. So, every time I made a purchase they had to contact the state to request the outcome again.

She recommended the voluntary appeal file (VAF) to get the records straightened out. I filled out the application, got my fingerprints done, and sent in the package. That was about 6 or 7 weeks ago, and Thursday in the mail I got the results. They've completed their investigation, updated their records, and issued me a PIN to put on 4473's to ensure that there are no holdups again in the future. Overall the process was pretty quick; much faster than I anticipated for government-related matters... I'm glad they got it done since I'm going to turn in my CCW application on Tuesday. The state will end up doing a background check, so it's nice to know that they'll now be looking at accurate information as opposed to the prior incomplete records.

 

[guns&motorcycles]

I got denied by the NICS check a while back. I had purchased a gun a few months earlier without any issues, but for whatever reason this time around I got denied. I sent in my prints, waited a few weeks, and everything went through just fine.

I knew one of the guys at the shop, and he asked the NICS people what was going on. They said that there was a first name/last name match on a recent restraining order, even though SSN, address, and everything else was different. The guy had been arrested several times in the past, but for whatever reason this restraining order is the one that got in my way. The NICS guy said he could obviously tell the guy wasn't me, but that rules were rules.

It was annoying, but the appeal process worked. I haven't had any issues since either.

 

[wyocarp]

This is a good reason to get a carry permit. For the guy here in Wyoming, with a permit, there is no call and no checking. You pay for the gun and walk out. You fill out the form but that's it.

 

[drphil]

The process depends on if you have been arrested for or convicted of anything. If you haven’t, then it is probably just a case of mistaken identity. The sad part is that the FBI may now have your prints on record (if you care about stuff like that).

If you do have something on your record they will first send you a general response saying "you were denied because you or someone like you has a disqualifying offense on record". Then you will either get a proceed letter or a specific reason for the denial. If you do have a record they tell you why, post again and maybe people will have more insight on how to correct or update your record. This step is highly dependent on the offense, the state the offense originated, and the state you live in. Good luck and take a deep breath.

so it's nice to know that they'll now be looking at accurate information as opposed to the prior incomplete records.

Yeah, but now they can legally keep track of how many times you get a NICS check called in on you (and estimate how many firearms you own).

I knew one of the guys at the shop, and he asked the NICS people what was going on

Good name by the way.

In theory, they are not supposed to do this, even if it was you that called and asked about the reason for the denial. “Privacy is the reason nothing can be done over the phone and why you must send in your prints (because they cant be certain they are corresponding with you unless they can see your prints).

 

[jaholder1971]

I used to get holds all the time, but it's cleared up.

Apparently, in the earlier days of NICS, if you had ever had a fingerprint card done it showed in the database. The problem was the database never showed if it was for criminal activity or for a background, so you were delayed until someone looked it up.

What's really funny is ecer since I was charged with Domestic Battery in 2002 and charges dismissed a year later, no more delays. They proceed every time.

 

[guns&motorcycles]

In theory, they are not supposed to do this

You are right drphil. That's how the conversation started, "I'm not supposed to tell you this, but ...". The shop kept riding the guy since I am a CCW carrier and a frequent purchaser of firearms, but that didn't get us anywhere. The conversation finished with, "I can say for certain that you aren't this guy, but I have to go with what the computer tells me".

Oh well. The system isn't perfect, but at least the appeal went through without a hitch.

 

[egnilk66]

How long did your appeals take?

 

[Mikey397]

I am in the same boat

I am a police officer and have been for over 15 years. I carry a concealed weapon every day. I recently went to a gun show and wanted to purchase a Marlin 336 rifle and was denied. The stated reason from NICS was Identity Theft Issues. I had my identity stolen in 1995 and it has all been long rectified. Furthermore I have purchase 2 handuns from guns hows in the las 6 month with no problem. No I am trying to get the form to appeal from the ATF and have zero success. I feel for ya brother!

Mikey397

 

[MIL-DOT]

A couple years ago,out of the blue,I started getting snagged everytime. One vendor gave me the NICS phone number and I called it after getting home.The young lady was very nice and helpful, and checked things out for me. She quickly came back and said there was no problem,she didn't understand it, that she would clear things with my FFL, and told me to wait 5 minutes and call them back, and it worked, I got to jump right back in my car and drive across most of two counties and pick up my new toy (full AR lower,IIRC, but I digress).
So, now I'm think I'm bullet-proof, I got the juice. Months later I decide I need a Glock 26 so I drive across a couple other counties to BarrowGuns In Butler, and I explain in advance that I'll likely get snagged, but I had the number and should fix it quick, I've done it before. Well, this Fed college boy
(also most polite, just less helpful) informed me that my earlier resolution was against regs or such, that the earlier girl should not have "told me my disposition". I replied " I DON'T HAVE A DISPOSTION, I'm perfectly clean, as you must well know". We go round and round, long story short, I drive the hour back home,sans mi pistola. Shortly after arriving, I'm told, "your gunshop called, you can go get yer gun" :banghead: Friggin' geniuses.
So I went and got my Georgia license, and haven't had any trouble since.

 

[Mike128]

Can you have the shop call again? I recently got denied and I do not want my fingerprints on record. I have never been in trouble before and do not feel like getting fingerprinted like a criminal to prove I'm innocent.

 

[Mike128]

If you get denied once it is likely you would be denied from now on? Even if it's a case of mistaken identity?

 

[29er]

Yes......

I was denied in early December 2008, about 2 months after renewing my concealed pistol license. As of January 9th, they say they've received my fingerprint card and my 'information has been forwarded to the appeal services team.'

 

[Mike128]

Old thread but I figure I'll give an update.
The appeal finally went through and I picked up my gun approximatley 45 days later. The ladies on the NCIS side were very helpful and courteous. The reason I was tagged was due to the new regulations on having to report on mental disablities. I fit the description and similiar birthdate as an individual in a mental institution.
I'm trying to get Voluntary Appeal Process so this hopefully won't happen again. They basically keep a record of the hitch so the computer will bypass it. The only part I don't like about it is I have to send my fingerprint in.

 

[solareclipse]

They already have your fingerprint in some other agency, likely the DMV or on any background check you ever did for a job. If they really want it, they can get it. Don't worry about it

 

[artherd]

This is why regulation can be dangerous.

In CA we have the DROS process - with similar 'deny if not sure' procedures in place.

 

[sernv99]

"......The sad part is that the FBI may now have your prints on record (if you care about stuff like that)."


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?

this sort of piss poor attitude towards ATF, FBI and whoever else really is a bunch of b.s. You probably never worked for any of these agencies so you don't know what really goes on. I do and I can say, these folks don't wake up every morning, sit around the office, and devise master plans of taking guns away from people LOL please the universe doesn't revolve around Joe The Plumber living in bumble****, USA, who has 2 kids, 3 AKs, a coonhound, and a pickup with mud boggin wheels, and who likes to spend the weekends shooting a few hundred rounds from his gun. These fed agencies follow the rules put in place by your ELECTED officials. ATF or FBI agents would much rather bust real criminals like biker gangs, gang bangers, mafia, etc then some average Joe citizen who has an AK and waste their time with.

get over it.... *end rant*

 

[Rmeju]

^^

So you've never chaffed at a law or rule put in place by an elected official or their appointee? Does the fact that these rules were put into place by elected officials or their appointees mean that joe six-pack is then not allowed to voice his opposition or distaste for those rules? Isn't voicing that kind of opposition part of the whole democratic process?

Is it so far-fetched to think that government might misuse or abuse firearms ownership data? Please. The best argument government can possibly have for all of these "safeguards" is not that they actually prevent any criminals whatsoever from obtaining and/or misusing firearms, only that they must now get them through illegal means. With each new infringement, the disparity of force between the criminal and law abiding citizen gets larger, something the government never feels because they exempt themselves from most or all of those laws.

I also think you missed the point of what he was trying to say, which came across pretty clearly to me as "I don't care about this stuff myself, but some others here probably do". And even if he did care, that doesn't make him the redneck you just portrayed him, or the rest of us, to be.

Oh, and before you rant at me, I've sent in several sets of fingerprints myself, don't particularly worry about it, and don't own any tinfoil hats.

 

[sernv99]

and the comment like this: "Yeah, but now they can legally keep track of how many times you get a NICS check called in on you (and estimate how many firearms you own)."

kind of obvious given the other statement above as well, there is a common fear among many in here about "the man" clearing everything off of his desk and focusing on taking Joe Blow's AK away. I doubt the FBI, ATF and whoever else is going to spend their 8 hour days chasing after you to take away your AK or AR or whatever else. The world doesn't revolve around average Joe citizen.

 

[reflex]

the thing about the appeal process that is hard for me to understand is that during the phone call they deny a person in a matter of minutes. yet the appeal by the person denied can be rather long process in relative terms. I would think a person who is denied would like to know why as soon as possible. And it could be done by the agencies involved simply responding to the individual as soon as the appeal form is received telling them why, that should take no more than a week turn a round time. The resolution of the matter then may take longer but at least the person being denied knows why and in the mean time can be researching things that may need to be done to help clear up the problem.

 

[Maxx409]

Sorry sernv99, I think a law abiding citizens fingerprints are NONE of the Feds business. Plus it seems criminals and politicians are the only ones not obeying the laws. If govt. spent more time minding their affairs and less on us, America probably wouldn't be in the shape we're in.

Glad you got it sorted Mike.

 

[eye5600]

If you don't think the Feds have a right to your fingerprints, wait 'till they ask for your DNA!

 

[29er]

If you've done nothing wrong......

Quote: this sort of piss poor attitude towards ATF, FBI and whoever else really is a bunch of b.s. You probably never worked for any of these agencies so you don't know what really goes on. end quote

Right. You all need to realize we just have to trust the FBI. After all, they have an excellent record of upholding the law. I'm sure they would never spy on law-abiding Americans. The ATF too. They just impartially enforce the law. They have no agenda.....

 

[JohnBT]

To know everything about everybody and not bother with search warrants or court orders? Just a guess you understand.

www.washingtonpost.com/wp-dyn/content/article/2005/11/05/AR2005110501366.html

"In Hunt for Terrorists, Bureau Examines Records of Ordinary Americans"

"Issued by FBI field supervisors, national security letters do not need the imprimatur of a prosecutor, grand jury or judge. They receive no review after the fact by the Justice Department or Congress. The executive branch maintains only statistics, which are incomplete and confined to classified reports."


I'm reminded of what they did to Mrs. King, even after he husband was murdered.

"But KHOU has found that even after Martin Luther King Jr. was assassinated in 1968, the FBI’s Scott King file shows the Bureau actually intensified their spying and surveillance of the new widow.

The newly released documents show the Bureau closely tracked and scrutinized Scott King’s comings and goings, including public appearances (“Mrs. King is due to arrive...at 10:40 a.m.”) and what was said there. Agents also kept particular notice of any of her plane flights. They even kept tabs on a King family outing to Las Vegas and what security company Scott King was using.

Far more invasive though was the Bureau’s interception of private letters she had written."