Denied By NICS

[Don't Tread On Me]

Let this thread be a example to all the THR members who are "ok with NICS" and "sensible" gun control.


The murderous rapist thug on the street doesn't bother with NICS checks - but we law-abiding citizens do.



Wake up.

 

[High Planes Drifter]

Well, I certainly dont want my wife catching federal felony charge for buying me a gun. However, we are married, so if she was to purchase her own and I was just to use it at the range every now and then, or give to me as a gift.....

 

[davhina]

A BIG DITTO to flyboy...
That is one of the first questions(if not the first, don't remember, have not purchased a firearm in over a month:banghead: )
on the form we fill out to purchase a firearm.

 

[High Planes Drifter]

A BIG DITTO to flyboy...
That is one of the first questions(if not the first, don't remember, have not purchased a firearm in over a month )
on the form we fill out to purchase a firearm.

you didnt read my above post before posting that did you? I wont do anything to endanger my wife. But a gift is a gift, and Im not prohibited from owning a firearm, just purchasing one. Odd, I think, but such is the way it is.

 

[ChestyP]

That does explain alot. Its kind of what I was thinking. If I do have the record expunged, will NICS still have a record of it, being that my denial may still be in the system?

The record will probably still appear, ALONG with the court record of expungment. I'd also suggest you place a copy of the expungement order in the FBI's Voluntary Appeal File. That way, if a question IS raised, they'll have it on record there. And you'll get a secret "pin" number to place on the 4473 when you buy a gun -- that directs NICS right to the expungment record.

 

[floridaboy]

I have a very common name, along with having been born in D.C. I bought a fair number of guns when I lived in Virginia, and always had to wait. Always got them though. Last week I bought a rifle, did the check, and got a conditional refusal. I did plead no contest to a misdemeanor about 7 years ago. Non violent, and it's been expunged. This is in Florida. Called the FDLE, and was told it was likely because of the name. I've waited the 3 business days, but not heard from the dealer. So I can pick it up tomorrow, as I understand it. Anyone in Florida with a similar experience? If so, I'd love to know the story.

 

[High Planes Drifter]

Update

I recieved my appeals packet from NICS, and reason for my denial. The reason for denial was from a traffic ticket I had many years ago; I forgot to pay it and an attachment was put out. I settled all of this sometime in the early '00's; like '01 or '02. I've scince purchased many, many firearms. NOW it pops up . Why would'nt it have popped up back in '02 or '03? Why all of the sudden now?

Now I'll go to the police station to get the statement showing that the situation has been resolved (like 6 years, & 12 firearms ago).

 

[03Shadowbob]

Kinda off topic but I was under the impression that you can buy firearms for family members and it's not considered a straw purchase. I may be totally wrong and probably am. I guess I've never had to worry about it or thought about it.

 

[ZeSpectre]

Something is changing, I was delayed on a NICS recently too. Very odd considering my long history of LEO and gubmental work.

 

[mica]

Good to hear you can get it straightened out. Must be a funky state law. An unpaid traffic ticket

 

[VARifleman]

Kinda off topic but I was under the impression that you can buy firearms for family members and it's not considered a straw purchase. I may be totally wrong and probably am. I guess I've never had to worry about it or thought about it.

If he gives his money to anyone and they buy him a gun with that money, it means that they must lie on the 4473 to get the gun, thus straw sale. Using your own money to buy the gun and then giving it to someone as a gift is fine as long as they are in the same state and you have no reason to believe that they are prohibited.

 

[Cosmoline]

Something is changing

That's my sense as well. I went through hundreds of NICS with no problems, but for the past few years it's been delay delay delay. Others seem to be having the same problems, and worse. I strongly suspect they've been raising the bar on their software.

It brings up another problem with instant check--the potential for enormous abuse. As it is now, the system is a black hole unless you're denied, and even then your ability to find out what happened is limited. It would be an easy matter for an anti-gun administration to turn NICS into a de facto waiting period system, and to raise the hassle of buying firearms so much that it has a chilling effect.

 

[morcoth]

I had trouble here in nevada with always being delayed, the nice people at our NICS got it figured out finaly, and the last 3 have not been delayed, I can only hope its fixed for good.

I hate waiting to get what I pay for!!!

Morcoth

 

[Bartholomew Roberts]

Why would'nt it have popped up back in '02 or '03? Why all of the sudden now?

Most likely those records just got computerized and entered into the system. Probably too low on the funding totem pole to be added earlier.

 

[Risasi]

Kinda off topic but I was under the impression that you can buy firearms for family members and it's not considered a straw purchase. I may be totally wrong and probably am. I guess I've never had to worry about it or thought about it.

If he gives his money to anyone and they buy him a gun with that money, it means that they must lie on the 4473 to get the gun, thus straw sale. Using your own money to buy the gun and then giving it to someone as a gift is fine as long as they are in the same state and you have no reason to believe that they are prohibited.

Yeah, except it is his wife. I think this is the reason G. Gordon Liddy once said that he can't own firearms, but his wife sure owned a lot.

Unless they somehow have separate checking accounts, file separate tax filings, and/or have weird pre-nuptial agreements I don't quite understand how this would be a purchase for him. Since she would have entitlement to said product. Of course that could just be me being old fashioned, since I would consider anything mine also my wife's. But hey, it's the post 90's, what am I thinking.

Personally if I were you I would be fighting this thing tooth and nail. And would wait to purchase until this is sorted.
This is one reason I have made very sure I have no outstanding infractions, including traffic related incidents.

 

[High Planes Drifter]

Well, Im glad it is something I can take care of, I feel alot better now knowing all this. Had it not been something easilly corrected, I can assure you my wife would have taken a sudden, unsatisfiable interest in assault rifles

 

[Dustinthewind]

Just go to the next gunshow and pick up any assault rifle or machine gun that you desire. They practically hand them out there




The evil of the world is made possible by nothing but the sanction you give it.
Ayn Rand

 

[paulxqx]

Do NICS background checks look into medical history or is it simply criminal history?

 

[1911ShooterTJ]

Something is changing

It would be an easy matter for an anti-gun administration to turn NICS into a de facto waiting period system, and to raise the hassle of buying firearms so much that it has a chilling effect.

I believe this is already happening... Soon you'll be taxed to death to buy one too. Sounds so familiar (registered auto-sears anyone?)

*Tin hat off*

 

[tinygnat219]

Hmmm, maybe it's time to test the system.

 

[PaladinX13]

Speaking of taxes and NICS, if you don't file a 1040 for your federal income taxes on the basis that 1. There's no law requiring that you do 2. Even if there was it would be self-incriminating under the 5th Amendment... does that raise a flag in NICS? Which is to say, does a non-crime count as a crime to NICS?

 

[03Shadowbob]

Thanks VARifleman.

 

[romma]

Driving 50 miles one way to purchase a firearm is annoying when you have to drive back again a couple of days later...

 

[Frog48]

Do NICS background checks look into medical history or is it simply criminal history?

Are you referring to mental health? I believe NICS would only have access to those records if you had been court-ordered into a mental health facility.

BTW, its a question on the 4473 form. If you answer untruthfully, you could get in some hot water.