Delayed, then denied by NICS

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ConfederateHoosier

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Hey guys! It's been a little bit since my last post here giving that I can usually find the answer i'm lookin for via the search feature, and I already used it for my current crisis, but I thought I would share my frustration anyways...so here goes

Since xmas I have been researching for my first semi-auto handgun, and first gun purchase actually ( I shoot guns often but they are all hand downs from my father and grandpa) and decided on the Glock 17, after making a few phone calls around my local area I found no one locally had in any in stock so I had to order one with a dealer I had heard good things about from a friend. He ordered the gun last Friday and I got a decent price ($530 w/ OD green frame)

Then the problems start, monday he informs me the gun is here and to come get it. I quickly make my way down there and fill out all forms ( I had already paid him on friday) he then goes to run the NICS check on me and after about 4 min he comes back with delayed and says not to worry as 5 other guys had been delayed today. Well this morning he called and told me I had been DENIED:cuss:! Needless to say I was furious and called NICS who gave me a rundown of what I needed to do and that the back log is, get this, 154 days! I began the appeals process by emailing NICS and requesting the reason for denial along with my NTN number and address, however I did not recieve an email from them confirming they recieved the email.

Basically I was wondering if anyone has been through this type of situation and what to expect and to also share my frustration with the "system" :fire:
 
The 4473 form tells you all the things you can be denied for and if you don't match any of that criteria then you've probably been mistaken for someone else. Appeals take time but generally work out. If delay's and deniels happen often wrongly ATF&E has a UPIN, Universial Personal Identification number which allows NICS to only go back as far as they date of UPIN looking for reasons to deny you. I hope you don't have someone else using your SS#(brother, cousin, unknown) because it can be almost impossable to fix or prove.
 
Ya I didnt match any of the criteria for being banned from buying a firearm, I do have a misdemenor on my record from a stunt me and few guys pulled while in our first semester of college from 3 years ago but it shouldnt disqualify me, that is the only thing I can think of . So i guess when the fed sends me my papers im gunna have to send them some sort of court documentation, if thats the case.I hope my identity hasnt been stolen but I dont know how to go about finding whether or not it has been.
 
Well that cost money, which being a student at the moment I dont have a surplus of, and around this area alot of the local attorneys are anti-gun, in fact the attorney (one of the best in the are) I hired in the case from my former college is an active anti-gunner, so my hands are tied with as far as that goes, I'm just hoping I dont have to eventually get a lawyer and that this doesnt take 154 days to resolve
 
No it does not, it is a class A which by indiana law is punishble by no more than 1 year in jail and a fine of a certain amount of money which I do not remember, I cant think of anything, but ive heard of guys not payingspeeding tickets and gettin warrants or something like that to cause the delay so who knows with this system
 
On my 18th birthday in Amarillo Tx. I was arrested for misdemeanor trespass which actually had nothing to do with trespass but a lot to do with teenage whoopass. Well 42 years later when I applied for my C&R FFL, ATF sent me a letter and said I needed to resolve the disposition on that arrest. I called Amerillo PD and talked to a person in their records dept. She told me the disposition was "dismissed" and sent me an official Pd letter which was forwarded to ATF. Almost end of story, while I was on the phone with records clerk I asked if I could get a lawyer and have that charge expunged. She said all of the old records were given to Texas Dept. of Public Safety for computorization many years ago and as far as she new they had never expunged even one record per their policy. Thats when ATF informed me of the UPIN.
The best part was that in between the the trespass and request for C&R I'd served 28 yrs in the NAVY with a Top Secret Clearance and worked for 3 years for Loomis Fargo Armored Cars as a head mechanic, which required extensive background check and the trespass charge never reared it's ugly head. The Operations manager said he'd never seen anyone clear the background that fast (2 days).
The object of this treatese is that you need to find out whats causing the problem and agressivly persue discharge and expungment so the charge doesn't follow you your whole life. Insure that misdemeanor doesn't meet the criteria of spending 1 year or more in jail or prison which I think is the wording on 4473. Good Luck
 
154 days? Wohooo, I've been waiting 143 days already, so I should be getting it soon. Another guy that applied about the same time as I did (+/- a couple of days) just got his denial overturned a couple of days ago, so it's about time. Oh well, could have been worse - at the beginning of December the backlog was 170 days...

But yeah, appealing is just a long wait. The sooner you do it, the better. About 25% of appeals are overturned, so if you think you got denied by mistake, go for it. I mean, you should know whether you're prohibited or not, right?

P.S. Send them the letter requesting more info. They're actually pretty fast to respond with the reason of the denial (i.e. they'll tell you what kind of record they're looking at). The time-consuming part is if you contest this and claim you're not prohibited.
 
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i was denied once for a suspended liscence i didnt even use the liscence as one of my two forms of ID but when i got to the bottom of it the NICS came back with "no proper form of ID" i guess because i was suspended i looked like a "problomatic citizen" once i got my DL reinstated all was good

keep fighting to solve the problem 154 days is a small portion of ones lifetime
 
A long-time member of THR, El Tejon, is an attorney in Indiana and is definitely pro-gun. Not sure where you are in Indiana but he would be a resource.
 
I don't know all that much about Indiana law, but most states' CHL/CCW/call-it-what-you-will allows you to buy a handgun by merely filling in the 4473, no phone call to NICS required.

IIRC, the Indiana CHL is an exceptional value too, something like $40 for life or somesuch.

Look into it.
 
OP,

Did you get your handgun permit, "personal protection/target", before you tried to purchase?
 
I don't know all that much about Indiana law, but most states' CHL/CCW/call-it-what-you-will allows you to buy a handgun by merely filling in the 4473, no phone call to NICS required.

IIRC, the Indiana CHL is an exceptional value too, something like $40 for life or somesuch.
Click to expand...

:rolleyes:
 
I have gone through this twice. I never got a clear answer on the problem but the denial was overturned each time. What I belive happens from appeal information and a conversation with a deputy renewing my ccl is that when the NICS call is made they do a quick background check and if no problem shows you get PROCEED. If something comes up you can get DELAY while they try to understand the final disposition of the problem. If the final disposition is not quickly found they will respond with DELAY and then you appeal and force them to complete the investigation. I believe my problem was an arrest that was dismissed a couple years later and they saw the arrest but not the dismissal. They also want to know if the maximum sentence has changed on a misdeamor conviction over the years. I got the UPIN after the second denial and have not had a problem since except when the dealer uses the online check and then they use the phone call number and get a PROCEED. The NICS call deals with contract employees and they can't or won't get too deep in the background check system. Don't panic and just follow the instructions for appeal. No need for an attorney yet. It will take some time.
 
In some states the concealed carry permit does not substitute for the NICS call but eliminates the waiting period. WA for one.
 
Well I just got an email back from NICS that says they I will be recieving the explanation for my denial within 5 business days. And to the poster who was curious about what happened myself and a few other guys took the universities baseball golf cart for a joy ride and ended up gettin nailed for it, long story. i also didnt apply for LTCH as I was going to do that after I picked my gun up. But I have upmost connfidence that the appeal will turn out in my favor, it has too because I shouldnt be disqualified
 
My wife took the CHL (I went with her for my renewal) class and after sending in the package we went to buy her a gun. After picking out a gun and paying for it her NICS was delayed so we left without the gun.

Later she recieved a letter saying there was a problem with her CHL. She called and was told there was some kind of problem with a arrest in her past. ***. She has never been arrested. Anyway we had to go get documents from the records department saying she was clean (costs I think $45 for the documents) for both felonies and misdemeanors. That fixed her problem for her CHL.

After a five day wait we were able to pick up her gun.

A delay is just that, a delay not a refusal. I wouldn't consider a lawyer until you know you have a problem.
Dallas Jack
 
I work with a lot of College students who usually they don't tell the whole story. Maybe you had just one drink, while you did the motor vehicle theft of State University property. Did you try to flee from the officer and resist arrest.

It all adds up. Sad thing nowdays is that same little crime will show up when you apply for a job after you graduate during a back ground check.
 
I'm a little confused, are we talking a delay, or is this a denial? BTW, offering your SSN is virtually worthless in resolving the issue...
I've always been put off by the refusal of NICS to disclose information to the afflicted party regarding the reason for the delay or denial at the point of purchase, always hiding behind the curtain of privacy, and we need to be sure of your identity before disclosing those details, which is an oxymoron considering that your presented identification is perfectly appropriate & acceptable for securing the firearms release at the very same point of purchase with nobody other then the gun store clerk actually inspecting it.....It's all BS!
 
Been denied for a simple traffic ticket that wasn't paid and went to warrant many year previous.... I didn't even recall the incident until reminded.... paid the fine and got my permit...
 
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