jehicks87
Member
indeed they do.
On a side note... I WANT my Mosin, damnit!
Denied? Why was I denied??
- Thread starter jehicks87
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indeed they do.
On a side note... I WANT my Mosin, damnit!
Stupid question for the OP. I was once denied for a bolt rifle purchase through NICS also, all because my Drivers License had expired during my 10-day waiting period (CA thing, don't ask 
) And that was enough to grant a denial, not a delay. Fast forward to getting a renewed license and it went through no problem.
So your ID you used to prove you are who you say you are isn't expired or incorrect in any way is it? You could also get a UPIN as an additional layer of proof (There is a block on the 4473 for it) but hopefully you don't need it.
Good luck my friend!
) And that was enough to grant a denial, not a delay. Fast forward to getting a renewed license and it went through no problem.So your ID you used to prove you are who you say you are isn't expired or incorrect in any way is it? You could also get a UPIN as an additional layer of proof (There is a block on the 4473 for it) but hopefully you don't need it.
Good luck my friend!
jehicks87
Member
No, I used my Military ID and it doesn't expire until my ETS which is currently in the early part of 2013.
What is a UPIN?
What is a UPIN?
A UPIN is a Unique Personal Identification Number. Think of it as a SSN tied to your criminal history. A lot of people use it because of frequent delays or denials and helps the FFL and FBI determine that you are you, and not some scumbag that shares your name.
This was covered a ways back here http://www.thehighroad.org/archive/index.php/t-519860.html
Call 1-877-324-6427 this number should still be good at the FBI for an application. If not just pick up the phonebook.
Listen to the prompts, you want non FFL customer service. They can direct you how to apply. Hope this helps!
This was covered a ways back here http://www.thehighroad.org/archive/index.php/t-519860.html
Call 1-877-324-6427 this number should still be good at the FBI for an application. If not just pick up the phonebook.
Listen to the prompts, you want non FFL customer service. They can direct you how to apply. Hope this helps!
dogtown tom
Member
FBI NICS didn't deny you....California did. (California doesn't use the FBI NICS, but their own system)
FBI NICS doesn't ask for DL number or expiration date.
This summer I was going to make a trip from Il. to Or. and checked the gun laws in the different states that I would be going through. The only state that would give me trouble having a gun in the car was Illinois. We have to have a firearm owners ID card in order to buy, sell, own a gun or ammunition. This has been a law for too many years and I doubt if it will ever change. Illinois is also the only state that doesn't have a concealed/carry law. Asked about it and the governor Quinn said it doesn't bother him at all that we're different in this state. It bothers everyone else in state but not the "king"!
Jonah71
Member
I never know when I'm going to be delayed. I'll go for long periods of time with no delays and suddenly my next 2 will be held up. There's no descernable reason or pattern. I don't worry about it much. But if I were denied? That would upset me. And I've actually seen that happen to people in Missouri who had also been buying guns with no problems.
Amb
Member
Do the Feds have to reply within a certain timeframe? If so, they might just delay you if they're overwhelmed to buy themselves some time, and then get back to your application when they're whelmed.
bikemutt
Member
I could be wrong but I'll bet the point-of-contact states like CA and WA (handguns) still query the same database as NICS does, in addition to one of there own design.
Cosmoline
Member
Expungement isn't always expungement. If something is tripping the denial then there must be something in a file somewhere. I'd suggest getting a lawyer to find out exactly what happened.
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jehicks87
Member
Yes, I realize this is probably the case; my lawyer explained it way back when that my expungement is a complete expungement. He even advised me to not put down my arrest when going Active Duty from NG, but I did anyway because I would rather them find out from me than from some unchecked box somewhere. Sure enough, when my recruiter said he would "require" some form from the courts to fill out a moral waiver (what a joke), the courts had no record of me at all. Nothing. Sooo... my guess is it went to the state, but maybe didn't get forwarded to the FBI? Idk.
That is my understanding as well. The only thing on my (Tennessee) record should be two speeding tickets. But... I can't see that stopping me from getting a rifle.
" it got cleared up, I did what I had to do, and it has been exponged long ago."
What did you do? What was expunged? Did you plead guilty? If so, that is a conviction, something some folks don't realize when some lawyer suggests it. Adult convictions are almost never expunged, even if there is a pardon. (A bad thing about pardons, is that they don't clear anyone - a pardon says you are forgiven for doing something, even if you didn't do it in the first place.)
Jim
What did you do? What was expunged? Did you plead guilty? If so, that is a conviction, something some folks don't realize when some lawyer suggests it. Adult convictions are almost never expunged, even if there is a pardon. (A bad thing about pardons, is that they don't clear anyone - a pardon says you are forgiven for doing something, even if you didn't do it in the first place.)
Jim
jehicks87
Member
I plead guilty to a few misdemeanor charges, because I did them. I am certainly not comfortable telling people over the internet what they are, but they were not: Domestic Assault, Sexual in nature, Drug related, or any of the other disqualifying misdemeanor.
I was charged with felonies, but those charges were dropped. No plea-bargain, just straight up dropped. From what I understand, police like to charge over-the-top so they can pressure you into taking lesser charges.
All the misdemeanors were "expunged" and "sealed." According to the Courts, no one, not even myself or any court personnel, can receive records because "there are no records."
This is getting a bit too personal for my tastes... I was merely venting in the OP. Thanks to everyone who has offered their help but there's nothing I can do now other than wait.
I was charged with felonies, but those charges were dropped. No plea-bargain, just straight up dropped. From what I understand, police like to charge over-the-top so they can pressure you into taking lesser charges.
All the misdemeanors were "expunged" and "sealed." According to the Courts, no one, not even myself or any court personnel, can receive records because "there are no records."
This is getting a bit too personal for my tastes... I was merely venting in the OP. Thanks to everyone who has offered their help but there's nothing I can do now other than wait.
mortablunt
Member
I never figured out how the system works. I think it goes on a basis of first name and surname, just like the no fly list. That is why you can be absolutely upstanding and still be denied. I personally guess that it happens more or less a lot, which is why arrests for background check failures attempting to buy guys are very rare. Just keep trying.
ChileRelleno
Member
Yeah, but I BET $100., it doesn't take weeks-n-months for the FBI Thugs to get crud straightened out.
bikemutt
Member
Here is the verbatim response to my inquiry when I was denied:
"This letter is in response to your inquiry concerning your denial to purchase or redeem a firearm. By way of background, during a NICS check, our computer system searches several databases which contain records of persons with disqualifying conduct. As a name and descriptive-based system, the computer program is designed to screen individuals with similar names and/or similar descriptive features within certain parameters. Your denial indicates that either you or another individual with a similar name and/or descriptive features has been matched with the following federally prohibitive criteria under...(insert any of the federally prohibitive criteria)".
"This letter is in response to your inquiry concerning your denial to purchase or redeem a firearm. By way of background, during a NICS check, our computer system searches several databases which contain records of persons with disqualifying conduct. As a name and descriptive-based system, the computer program is designed to screen individuals with similar names and/or similar descriptive features within certain parameters. Your denial indicates that either you or another individual with a similar name and/or descriptive features has been matched with the following federally prohibitive criteria under...(insert any of the federally prohibitive criteria)".
janedoedad
Member
That is incorrect information you were given. Expunged/Sealed means there is no public access to the record (pre-employment (non-govt) background check, your gf hiring a private eye, etc.) These type records will always be available to law enforcement and the courts.
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Expungements and dropped charges
FBi Arrest Records are not automatically updated with the expungement or even the disposition of charges. They will have the initial arrest info but not the fact the felonies were dropped, charges dismissed or expunged. You are responsible for checking your record and making sure it is accurate. The FBI, state and local authorities don't care.
You can request a copy of your FBi I-4 under the Privacy Act. They have 30 days to respond to you and give you a copy.
FBi Arrest Records are not automatically updated with the expungement or even the disposition of charges. They will have the initial arrest info but not the fact the felonies were dropped, charges dismissed or expunged. You are responsible for checking your record and making sure it is accurate. The FBI, state and local authorities don't care.
You can request a copy of your FBi I-4 under the Privacy Act. They have 30 days to respond to you and give you a copy.
jehicks87
Member
the thing about it is, I have bought 2 HANDGUNS since then.
mike288190
Member
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- Jul 18, 2011
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- 15
i dont really have anything to add to this topic but i do have a question or two i hope u guys could help me out with... a few months ago i went to the local gun store here in town( i live in georgia)... i was wanting to buy a pump shotgun and had a fist full of tax refund dollars at my disposal... i was on probation for a small traffic violation. i filled out the paperwork and it came back delayed... he said it happens all the time and to check back in a few days... i checked in a week and he had got no reply from them... i checked back in another week and still no word yet... i got frustrated and bought an 870 from a friend for cheap... well now im wanting to build an ar and itd be nice to just go in and buy one of the lowers he has in the case but i didnt want to call in another application to be turned down again or delayed, i think that makes me look like a gun hungry criminal, which im not but thats besides the case... im just wanting to control the armadilloe population here... i asked the salesman behind the counter what he suggested and he seems like a straight forward guy and he told me to go to the probate court and apply for a firearms license and i can bypass that whole part of gun purchase. the only thing i can think of that would be on my record would be a conviction of disorderly conduct that was not of a violent manner and that was more than three years ago. the traffic citation that i was on probation for was failure to use due caution which i am not on probation for anymore. before i throw 70 bucks down for the weapons carry license application process does anybody foresee this preventing me from obtaining this license? i know i dont need a license to legally possess a gun and i dont even care to be able to carry my gun with me wherever i go but it is hard to find an ar lower that someone just wants to get rid of. any help or advise or even just opinions on this matter would be greatly appreciated.... and another question,,, am i the only one that feels like tuckin their tail between their legs and walking out the store with their head down when the guy behind the counter tells u no?
bikemutt
Member
mike288190, as far as I know if NICS does not respond within 3 business days the FFL may transfer the gun, that should have been explained to you when you signed the form 4473.
As to your last question, I don't see in your post where you were told no, just to wait a bit. But to answer the question, I did not feel that way, I was surprised and miffed because I knew it had to be an error on the part of NICS. The gun store employees were equally surprised, particularly because I possessed a valid carry permit. In the end it all worked out, the denial was reversed, the gun was transferred. But it took a great deal of patience waiting for the process to sort itself out.
If you aren't prohibited from possessing firearms my unsolicited recommendation is to re-channel your feelings from feeling a bit beat up into fighting for your rights. Don't let the system get you down, fight for what's yours
As to your last question, I don't see in your post where you were told no, just to wait a bit. But to answer the question, I did not feel that way, I was surprised and miffed because I knew it had to be an error on the part of NICS. The gun store employees were equally surprised, particularly because I possessed a valid carry permit. In the end it all worked out, the denial was reversed, the gun was transferred. But it took a great deal of patience waiting for the process to sort itself out.
If you aren't prohibited from possessing firearms my unsolicited recommendation is to re-channel your feelings from feeling a bit beat up into fighting for your rights. Don't let the system get you down, fight for what's yours
mike288190
Member
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- Jul 18, 2011
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- 15
yeah im aware of the whole 3 day thing but the owner said he waits for the nics to give him a yay or nay and if no answer in 30 days he considers it a no sale. im sure thats just how he likes to do business. the guy made it sound like since i wasnt flat out denied that i had a good shot at getting the license. in georgia the license overrules the nics system. go in show them the card and pay the cash and ur out the door.
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