Long Gun NICS Denial

[gopackgo]

I recently purchased a Ruger 10/22 and a Benelli Nova Tactical pump shotgun. This was on a Saturday. I was put on a delay. On day 5, I was told that I was denied. The wierd thing is that I have puchased 3 handguns in the past 4 months, 2 of which were delayed, but none of which were denied. I was told that the delays were due to the fact that I have a common name. I have nothing in my past which would legally prevent me from owning a firearm.

I called the NICS customer service line and was told that I had a couple of options. First, I could go back to the retailer and have them call NICS and make sure that there were no errors in the transfer of my information from the retailer. Barring this, I would need to file an appeal, and possibly apply for a UPIN.

My question is, if I do not file an appeal, am I now barred from purchasing firearms? Second, if I file an appeal, and have the denial reversed, I understand that a reversal certificate will be sent to me. Is this certificate good for one purchase in kind, or what? If I don't get a UPIN, am I still at risk for this kind of thing every time I make a purchase? I would appreciate any insight.

 

[NavyLCDR]

Did you supply your social security number?

You are not barred from purchasing/possessing firearms. NICS, if they match your name on subsequent purchases will continue to deny you because your initial denial will still be on file.

You can purchase in private transactions, if you aren't prohibited for a reason in 18 USC 922. A NICS denial is not in the list of factors prohibiting you.

You will need to get the NTN number from the dealer and use that NTN number to file an apeal. I would obtain the UPIN so that you can use that to keep from getting denied in the future.

 

[JustKen]

What's a UPIN?

 

[gopackgo]

Did you supply your social security number?

You are not barred from purchasing/possessing firearms. NICS, if they match your name on subsequent purchases will continue to deny you because your initial denial will still be on file.

You can purchase in private transactions, if you aren't prohibited for a reason in 18 USC 922. A NICS denial is not in the list of factors prohibiting you.

You will need to get the NTN number from the dealer and use that NTN number to file an apeal. I would obtain the UPIN so that you can use that to keep from getting denied in the future.

No, I didn't supply an SSN on this purchase. After the first time I got delayed on a S&W J-frame revolver without giving my SSN, I gave my SSN when I bought a Ruger Redhawk, and got delayed on that one too. Then I bought a Walther PPK/S without SSN because it looked like it wasn't making much difference in my case whether I gave it or not, and that transaction went through without delay. So it seems almost random, but obviously they are red flagging me a lot for whatever reason.

 

[gopackgo]

What's a UPIN?

UPIN is a unique personal identification number that NICS issues to people like me who get flagged for delays/denials a lot. It is supposed to help alleviate this problem, and I understand that it accomplishes this pretty well, but that it is not 100% Also, I understand that in order to get one, you have to get a Voluntary Appeal File (VAF), which is essentially an FBI file. Just a reversal on a regular appeal will not work because the transaction records are only kept for a certain amount of time, after which they are free to delay or deny you again. I probably already have an FBI file since I was in the service, but it's the priniciple of the thing, because all these hoops seem arbitrary and intrusive.

 

[bikemutt]

If your denial is reversed, the certificate they send you MUST be redeemed at the same FFL where the denial occurred (the certificate actually has their name on it), it MAY be used for a single transaction (you can buy any gun or any allowed number of guns). Keep in mind, if you were denied a long gun and choose to buy one or more handguns, other state regulations may be involved depending on where you live.

As of last check, plan on a 5-6 month wait if you appeal, unless NICS has caught up on the backlog recently.

And yes, absolutely submit a Voluntary Appeal File application to get a UPIN. You can appeal the denial on the same application form at the same time, killing two birds with one stone, so to speak.