I got denied after succussful purchase

[Riverratt]

I was just wondering if any one has had this problem? I have bought 5 guns in the last 3 months Im a WY residant 2 of the gun purchases were from there and and 3 in montana all of them put it on delay but i got them the last time I tried to get a 22 in south dakota at cabellas it came back denied and then again in north dakota it was denied I have not been in any trouble since the first 5 purchases I dont understand. I sent in my prints and apeal form as well as the upin form and am still waiting to hear back from them hopefully it was overturned. Does any one have any experience with this?

 

[Texan Scott]

<deleted>
You've made seven purchase attempts in four different states in a three month period? I almost don't blame NICS for being confused. I'm a mite boggled, myself. You may just have to wait for the appeals process to sort itself out.

I'm assuming all these purchases or attempted purchases were long guns... otherwise, no doubt more excitement will ensue.......

 

[Old Shooter]

I'm not sure of this, but you purchased or tried to purchase guns in four different states in a fairly short time-frame, could this have triggered some sort of red flag at the approval level?

Don't dealers have to report multiple purchases to the ATF now?

Just a thought.

 

[Sam1911]

How would multiple dealers (across multiple states, no less) have any idea how many guns he'd purchased recently? It doesn't work that way.

 

[Texan Scott]

No, the dealers certainly would not.... and NICS is not SUPPOSED to be keeping records of the checks... things that make you go "hmmmm".....

 

[r1derbike]

Riverratt, you certainly get around!

Good luck on getting this sorted.

 

[HankR]

How would multiple dealers (across multiple states, no less) have any idea how many guns he'd purchased recently? It doesn't work that way.

It's not supposed to work that way. I've been in the gun store when NICS called back to deny a guy who had been delayed (and was no longer in the store). NICS asked about several previous "attempts" the guy had made, dating back at least a year. They were wondering if the customer had purchased the gun on each of those previous calls, and more specifics about the gun. The folks at NICS definitely forgot to destroy a few of those records, and the store owner verified (to me, I didn't hear his final reply to NICS) that those previous purchases had been instantly approved and the guns had been sold.

 

[gripper]

I get routinely denied, all right here in " RKBA friendly NH", where I live and work as an armed guard at the FAA.Staties up here( Dept of Safety) are a bad joke.

 

[NavyLCDR]

I was just wondering if any one has had this problem? I have bought 5 guns in the last 3 months Im a WY residant 2 of the gun purchases were from there and and 3 in montana all of them put it on delay but i got them the last time I tried to get a 22 in south dakota at cabellas it came back denied and then again in north dakota it was denied I have not been in any trouble since the first 5 purchases I dont understand. I sent in my prints and apeal form as well as the upin form and am still waiting to hear back from them hopefully it was overturned. Does any one have any experience with this?

Well, if you were attempting to purchase anything other than a shotgun or rifle out of state, that's why they were denied instantly.

 

[Cosmoline]

IIRC it goes in several stages. You first need to find out why they denied you. Once you know this, you can more accurately appeal.

 

[Riverratt]

So you routinely get denied? how have you resolved the problem in the past? Did you appeal? was it over turned?

 

[Cosmoline]

I had one denial years ago that I appealed and had reversed. They just screwed up on the records sweep. But I remember sending them an email with a code number the FFL gave me. They then sent me a packet with info on what to do. The actual appeal didn't happen until I had the info on why I had been denied, after which I was able to quash the thing.

 

[Riverratt]

Did you have to send in court documents to resolve this? I have been in a fair amount of trouble but not any that would disqualify me to buy a gun. Did you buy any guns through a FFL before you were denied.

 

[jrmiddleton425]

I suspect you need to clear up the South Dakota denial. You probably got the denial in North Dakota, BECAUSE of the previous denial; those stay in the system forever. So now they have a record of a denied person trying again to buy a gun.

 

[Cosmoline]

Did you have to send in court documents to resolve this? I have been in a fair amount of trouble but not any that would disqualify me to buy a gun. Did you buy any guns through a FFL before you were denied.

In my case it was their error so it was pretty easy to fix. And it didn't happen before or since in 100's of NICS checks. If you've got priors it's probably worth taking the info you get back from the feds to a lawyer to sort out. One thing that often zaps people is pleading out to suspended sentences on crimes that, on paper, could net you several years. Even if they're not classed as felonies and you never served a day it counts as prohibited. Also DV proceedings sometimes result in findings of abuse that may create a bar.

If you do get a denial, it's important to not try to buy any more firearms and to proceed with caution. I handled it myself because it was very obviously a screwup when they told me what they'd found, and I happen to be a lawyer. But if it's more questionable it's time to get a lawyer.

 

[bikemutt]

In my case it was their error so it was pretty easy to fix. And it didn't happen before or since in 100's of NICS checks. If you've got priors it's probably worth taking the info you get back from the feds to a lawyer to sort out. One thing that often zaps people is pleading out to suspended sentences on crimes that, on paper, could net you several years. Even if they're not classed as felonies and you never served a day it counts as prohibited. Also DV proceedings sometimes result in findings of abuse that may create a bar.

If you do get a denial, it's important to not try to buy any more firearms and to proceed with caution. I handled it myself because it was very obviously a screwup when they told me what they'd found, and I happen to be a lawyer. But if it's more questionable it's time to get a lawyer.

This ^^^. I had the same situation a while back. If NICS denies you, and you know its not right, you need to square things away with them before you try it again.

 

[Voyager]

<deleted>
You've made seven purchase attempts in four different states in a three month period? I almost don't blame NICS for being confused. I'm a mite boggled, myself. You may just have to wait for the appeals process to sort itself out.

I'm assuming all these purchases or attempted purchases were long guns... otherwise, no doubt more excitement will ensue.......

So what! I buy handguns in other states, it just needs to be arranged to be sent to an ffl in your home state. Nics is supposed to destroy all paperwork, so I'm a little confused by your brady campaign sympathies, to say the least. Regarding the the op's situation, well you can be denied at any time, thats the risk of a system where you are forced to seek permission, its not a right, its a privilege. Thats the whole idea behind nics, saying no, and getting the majority comfortable with the whole idea of needing permission to proceed.

 

[Riverratt]

So I have another question if my original charge was domestic battery but was pled down to a simple battery . would this disqualify me. Is it possible that they overlooked it on the first 5 guns that I bought. I just don't understand why I could purchase in the first place.

 

[Frank Ettin]

Okay, time to call it a day.

To the OP:

1. We really can't tell you why you were denied. No one here actually has that information. You really need to proceed with the appeal process, and maybe that why you can get some useful and accurate information about what your status is and why.
   
   
2. If you've has some legal problems in the past you might need a lawyer to sort things out, it that's even possible. We don't have any of the details, and anyway those shouldn't be discussed here with strangers in public.
   
   
3. Domestic violence matters can be especially tricky. Only a qualified lawyer can give you any meaningful help.