Colorado Bureau of Investigation (CBI) Denial

Discussion in 'Legal' started by Crazy_Horse_1969, Aug 17, 2021.

  1. Crazy_Horse_1969

    Crazy_Horse_1969 Member

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    I have two shotguns and a small-bore revolver my dad gave me to hunt small game with.

    I decided I would buy another small-bore revolver but was surprised when Colorado Bureau of Investigation (CBI) denied me.

    I have looked over the reasons for being denied, but I do not see anything that fits me.

    I appealed, but now I am concerned about going small game hunting in a couple of weeks. I have a Hunter Education Certificate and I purchased a small game hunting license. Can I even go hunting, legally?

    Any thoughts are appreciated.
     
    Last edited: Aug 17, 2021
  2. Rubone

    Rubone Member

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    If you put your name down as Crazy Horse 1969 that probably did it!:eek:
    Realistically you likely answered something they did not like. Medical Marijuana card? Something in the past few years like a DUI? Previous arrests for anything? They don't turn you down for kicks, there must be something there.
    As for your license if it was issued to you without a concern it is good, you can hunt as long as you can legally own firearms. Just can't buy a new handgun to hunt with until you figure it out..
     
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  3. Dale Alan

    Dale Alan member

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    Did you have the guns transferred into your name when your Dad gave them to you ?
     
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  4. Conelrad

    Conelrad Member

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    Careful there,

    That 'transfer' may be your Pandoras box...

    Conelrad
     
  5. Crazy_Horse_1969

    Crazy_Horse_1969 Member

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    Thanks for your reply. Nope, did not use that name! I read the whole bullet pointed list, nothing on it represents me. No, no medical marijuana card. So, to be clear, with the guns I inherited from my dad, and a Hunters Education Certificate and a valid 2021 small game license, I can legally hunt? I cannot believe how much of a pain in the butt this this whole deal is. All I want to do is go grouse hunting a couple of times. Unreal. Thanks again.
     
  6. Crazy_Horse_1969

    Crazy_Horse_1969 Member

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    My dad signed a document with a registration number on it over to me for the revolver, yes, but not the shotguns.
     
  7. Dale Alan

    Dale Alan member

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    OK , so no background check for those guns to set off any alarms with the CBI ?
     
  8. Crazy_Horse_1969

    Crazy_Horse_1969 Member

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    Nope. My dad gave me the shotguns, no documents. With the revolver, however, he gave me his completed/singed/notarized "License to Purchase a Pistol" document with the revolver's serial number on it, and then he typed up his own document (with the revolver's serial number on it) and signed it over to me just to be safe. It was all totally informal. I had no idea this was all such a pain in the butt.
     
  9. vintovka

    vintovka Member

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    The price of compliance?
     
  10. vintovka

    vintovka Member

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    It is very possible to cross check pot CC purchases with both state and local records.
     
  11. entropy

    entropy Member

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    Perhaps someone with the same name as you is on the "no" list. I always put my SSAN on the 4473 even though it's not required. I have had exactly 1 delay, and it was 48 hours. Never found out why.
     
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  12. gyp_c2

    gyp_c2 Member

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    Have you called them?
     
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  13. LiveLife

    LiveLife Member

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    Something doesn't sound right.

    I do not believe denial happened unless there were qualifying issues.

    I would contact CBI to be sure the denial was not due to mistaken identity or stolen identify with crimes committed.
     
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  14. Spats McGee

    Spats McGee Moderator Staff Member

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    Welcome to THR, @Crazy_Horse_1969. Two quick items: First, and very important: What you post here is not legally privileged, so be careful. Second, call the CBI and find out exactly why you were denied. If they sent you something that contains a laundry list of possible reasons, you need to narrow that down.
     
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  15. CapnMac

    CapnMac Member

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    This being Legal, a legal question occurs to me.
    After a cursory search of CO statutes, I cannot determine if a CBI denial makes a person a Prohibited Person under either CO law or 18 USC 922.

    Stopping the sale of a firearm does not appear to make a person Prohibited. So, that suggests that other legal activities with firearms are not barred.

    OP indicated that they appealed the denial--which is probably the best way to understand the "why" of it. Now, it is kind of spiffy that they have an "instacheck" Denial appeal process since 9 August 2021. And, it's alleged CI is meant to respond with in seven days to a request for reason for denial.
     
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  16. plainsdrifter

    plainsdrifter Member

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    What CapnMac said, they just denied you a purchase. That does not mean your banned from having weapons of any kind or go hunting.
     
  17. CapnMac

    CapnMac Member

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    Yeah, but, I'm no authority to cite.

    There's a presumption that a person has to be on a Prohibited Persons list to be denied. A Prohibited Person can't own, possess, ear, etc., any firearm.

    The Question OP needs answered is whether OP was misidentified or that the list used by CBI is inaccurate in some way.
     
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  18. plainsdrifter

    plainsdrifter Member

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    I have a cousin that has nearly the same name as I do. Middle initial is different, surname the same and his given name is nearly identical just spelled with two different letters. So half the time I get put on a wait list even if I use my SSN on the form. He has felony's as long as my arm.
    Never been turned down though.
     
    Last edited: Aug 19, 2021
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  19. plainsdrifter

    plainsdrifter Member

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    Correct.

    The way I see it is if your not a convicted felon, don't beat your wife as in no aggravated assault charges, didn't check yes to any of the questions on the form (truthfully) that would make you ineligible yata yata then you can be in possession of a gun and go hunting. Just make certain your following the rules when your hunting.
    The feds are not obligated to OK anyone buying a firearm.
     
  20. Frank Ettin

    Frank Ettin Moderator Staff Member

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    It doesn't matter how you see it. No one cares. What matters are: (1) what the statutes and regulations say; and (2) how the courts see it.

    Well, unless one is disqualified under federal law, one is entitled to a NICS approval. If one has been improperly denied by NICS, one has appeal rights.

    NOTE: Please see THR Legal Forum Guidelines: Read Before Posting:
     
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  21. Frank Ettin

    Frank Ettin Moderator Staff Member

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    Several posts have been deleted. They involved a side discussion about the purpose of the Legal Forum.

    Such topics can be discussed here.
     
  22. earplug

    earplug Member

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    friend was denied over a place of birth spelling mistake
     
  23. WestKentucky

    WestKentucky Member

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    Very likely a misidentification or something insignificant that needs cleared up. One of my uncles apparently got denied or delayed in Kentucky for having a bench warrant related to back child support that had been paid but the legal roadblocks were not cleared. It was taken care of quickly enough. Too bad he got himself back on the disqualified list permanently shortly after all of that mess.

    And like other have mentioned, people with the same or similar name can cause issues. My dad is one of 4 people with the same name in the town I grew up in. There is him, his nephew, and his great nephew, but there is also a rough character of which we are no relation who always has warrants and that has gotten dad denied before… it once got him delayed and the police showed up looking for the other guy who is of a different race so it was obvious when they got there that it was a misidentification.
     
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  24. dogtown tom

    dogtown tom Member

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    Not likely. "Place of birth" is not a prohibiting factor and "unknown" is acceptable.
    If the dealer called in the background check, FBI NICS only wants state or country of birth, the CSR will choose from a dropdown menu for the appropriate abbreviation.
    If using the FBI E check the dealer chooses state of birth or country of birth from a menu.
     
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  25. Nasty Canasta

    Nasty Canasta Member

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    CBI will deny a purchase in Colorado if you have outstanding toll road fees. If you've traveled E470 or been in express lanes without an Express Pass they'll hold up your purchase & your vehicle registrations too.
     
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