Denied? Why was I denied??

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jehicks87

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So, I went to pick up my Mosin-Nagant today. The gun store has (graciously) held it for me for the past week since I am attending an Army School and the hours are incredibly long (0430-1930 is the norm).

Anyways, I went in, filled out the paperwork, they sent it off and it came back denied. Obviously, I filled out an appeal. But... why did this happen?

I have no felonies, no domestic assaults, no warrants. I was arrested once about 3 years ago for getting drunk and breaking into my own fraternity house... that was a huge poo-storm but it got cleared up, I did what I had to do, and it has been exponged long ago. What gives? I should also note, I have bought 2 pistols since that happened and the worst that occured was a "wait" period that lasted a week. Does anybody have any experience with something like this?

:banghead::banghead::banghead:
 
I don't know what's going on with you, but I do know that in New Orleans, there was a span of time where residents of the city who had outstanding parking and traffic tickets were getting denied because the local PD was putting a flag on them. You may have a similar problem.
 
Google your name. Most likely there is somebody with the same name as you who is not an upstanding citizen.
 
I don't know what state you are in, but run a background check on youself.

I had an altercation over 20 years ago (misdameanor) and when my state went to their new computerized system, some idiot checked the wrong box.

This resulted in me getting a deny on the 4473.

I sent my state the paperwork from the court indicating that the conviction was indeed a misdeameanor and not a felony. They made the correction and I now get proceed or delay. I didn't even get an apology from anyone.
 
to TonyAngel:

I was lead to believe that the only reason for getting a deny was:

1. Felony conviction.
2. Misdemaenor conviction of domestic violence.
3. Restraining order.
4. Have been deemed mentally unstable.

I don't believe that a parking ticket would do that, but most states have idiotic laws and stuff.
 
well, if they don't clear it up, I'll just take the money I was going to spend on the Mosin, and buy a K31 and have it shipped to Kentucky. Screw Tennessee.
 
TN will deny you even if the charges are thrown out if the clerk did not file the disposition with the state. By law the clerk must file a conviction with the state, but they do not have to file acquittals or dismissals. So, if the clerk did not file a dismissal ro acquittal, it shows up with no disposition. That will get a denial. TICS will assume the case is still open. Most times the clerk will send the disposition in if you ask in writing.

The expongement should have cleared up the one issue. Exponged issues are gone. They do not show up.

It could be a mistake. It happens.

This is true horse pucky. I dont remember reading in the constitution where they can deny you.
 
Yerp. Anyway, I probably shouldn't have opened a new thread about this, I'm just so freakin mad about it I could spit. Here I am, a regular gun owner for 11 years, with multiple rifles, shotguns, and pistols, AND a soldier who redeployed just 6 months ago, and I get denied the right to purchase a 5 foot long bolt action surplus???

Maybe I'll run for congress one day. Seriously.
 
Did you provide an ss number on the check papers? It is optional but often helps with mistaken duplicate names. If someone is denied there is usually a reason for it. Of course, if you had a c+r license you could have the mosin shipped to your house and avoid the whole mess, but you probably couldn't get that, either.
 
Of course, if you had a c+r license you could have the mosin shipped to your house and avoid the whole mess, but you probably couldn't get that, either.
Click to expand...
Chances are that getting a C&R license would be easier to get than clearing the Tennessee state check. Depending on what triggered the denial in the first place. Apply for a C&R and see what happens.
 
stchman said:
to TonyAngel:

I was lead to believe that the only reason for getting a deny was:

1. Felony conviction.
2. Misdemaenor conviction of domestic violence.
3. Restraining order.
4. Have been deemed mentally unstable.

I don't believe that a parking ticket would do that, but most states have idiotic laws and stuff.
Click to expand...

There's one more I think, dishonorable discharge from the Armed Forces.
 
You are in it for the long haul if you want the Mosin anyway, so if it were me, I'd get a copy of my FBI record (if one exists). This way you know, for sure, if they have a valid reason to deny you. I have no idea what the wait time is on a deny these days but it's probably around 6 months or so. The process of obtaining your FBI record (if one exists) should take about 3-4 weeks maximum. Cost should be around $16 I think, and you have to get printed anyway to file the appeal, so that cost is there no matter what.

Not trying to sound like an expert here but, knowing what they know for $16 is priceless information.
 
Did you provide an ss number on the check papers? It is optional but often helps with mistaken duplicate names. If someone is denied there is usually a reason for it.
Click to expand...

Yes, I provided my SSN. And I'm sure the reason for it was my arrest 3 years ago. I haven't had anything since (or before) then.

There's one more I think, dishonorable discharge from the Armed Forces.
Click to expand...

That is very true. A dishonorable discharge is grounds for a denial, nation-wide.

I have no idea what the wait time is on a deny these days but it's probably around 6 months or so. The process of obtaining your FBI record (if one exists) should take about 3-4 weeks maximum. Cost should be around $16 I think, and you have to get printed anyway to file the appeal, so that cost is there no matter what.
Click to expand...

The wait time is 15 days, and you don't have to provide prints. After they review your appeal, they *may* require you to be fingerprinted, but that is in extreme cases.

I'm just going to sit tight for a week or so, and see what comes back. If they (as they told me when I called) have to get records of my disposition from my state, there ARE no records of my disposition, because of the expungement. I know because I "had" to get those records when I came into the Active Duty from the National Guard. Needless to say, when I was told there were no records by the court, the recruiter said "well then don't worry about it."
 
I sure hope you are right about an appeal taking 15 days. I believe they will let you know why they denied you within that time period, and they'll do that without prints. The problem is they will only provide a general reason for the denial, not a specific one. Something like "we discovered prohibitive information".

Now you get to appeal, which is different from asking why you were denied.

As I said though, I hope you are right about the time frame, maybe they have worked the backlog and made the appeal process more timely.
 
From the TICS website, the program that issued the denial (emphasis added by me):

If during the background check TICS locates a record with outstanding disqualifying charges or charges that are undeterminable as disqualifying, TICS will deny the transaction. Upon an appeal of the denial, TICS will attempt to find disposition information on the charges in order to make a determination of eligibility to purchase a firearm. If TICS cannot obtain the information within the mandatory 15 day limit, the transaction will be marked as a Conditional Proceed. This means that the firearm dealer may lawfully, at his/her discretion, complete the transfer, although it in no way means that the dealer must complete the transfer. Should the dealer choose not to complete the transfer, your only appeal is to the FBI's NICS Appeals Services Unit. You may contact them at (304) 625-1903.
Click to expand...

Again, I was denied by the TN state system, not the FBI NICS
 
I live in Il. and have had the FOID card since it came into being. I've worked for the sheriffs dept., had umpteen renewals and this year was denied because of a burglary charge that was supposed to have been in '56. I never lived in Il. in '56, they can find nothing on it, the FBI looked at it and said it was bogus and I've sent in the form from our police dept. stating I have no arrest record. Am still waiting for their reply. I have several firearms and if it wasn't for my wife having a valid FOID card I'd be illegal. Am thinking of selling them just to get out of the hassle. My advice, don't live in Il.
 
jehicks87
Quote:
Friday night FBI NICS told me the current wait time on a NICS appeal is 152 days
Click to expand...
.

so, you are an FFL dealer but you have an appeal??
Click to expand...

Friday night one of my customers was denied by NICS. After he left I had another reason to call NICS and asked the NICS Examiner what the current wait time was.

This was only my second denied response in the last three years. The previous denial took five months before his appeal was granted.
 
I have ZERO criminal history and a squeaky-clean background, and even I have been delayed on one or two occasions. Lord only knows what the government is doing.
 
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