NICS Appeal

[stumpers]

I just received my paperwork in the mail for a NICS appeal I submitted September 23, 2011. My letter is dated January 27, 2012, so a five month turn around time for my successful appeal.

Turns out I am NOT a prohibited person and the FBI had incomplete records they used to deny me for transactions.

They also returned my fingerprint cards, which I immediately sent back in the Voluntary Appeal File application.

Now, a question: does anyone know if I should pass a NICS check if I try to buy a long gun, or was the appeal only for the last attempt? I would hope the appeal would clear the record for future purchases, but with the government the way it is, I don't know.

Also, I applied for my Wisconsin concealed carry license today and included a copy of the NICS letter in case there's any mix up when the state does their background check.

I have been able to purchase handguns for the past year and denied long guns, so I'm hoping this is all fixed...

 

[bikemutt]

NICS should have sent you a certificate for you to go get a gun from the FFL where you were denied. You don't have to buy that particular gun but it's only good at that FFL. The should certainly NOT deny you with the certificate.

Moving forward, you said they used incomplete records to support the deny. Unless they furnished you with something saying they have made those records complete, the only way to know for sure is to request a copy of said records. That takes about 8 weeks and will require, you guessed it, fingerprints.

So, if it were me, I'd use the certificate and then hold off until the VAF is approved and the UPIN received, or until I saw a copy of the record they believe is mine so I could call a better shot.

 

[stumpers]

I'm not entirely clear on the status of the record, but the letter said "upon further review and investigation, we have been able to determine you are eligible to purchase or redeem a firearm."

I can only assume they had a criminal complaint in their records, but not the dismissal of the charges. Long story, but no crime and no conviction after the DA dismissed charges. Oddly enough an unarmed self defense situation where the group of aggressors cried foul and begged for my prosecution...

And yes, I have the certificate, but it states it still requires a NICS recheck.

 

[bikemutt]

And yes, I have the certificate, but it states it still requires a NICS recheck.

It is highly unlikely they will deny you when you use the certificate. My VAF and UPIN was provided along with my certificate. When I used the certificate I wrote the UPIN on the 4473 and overheard the counterman being told the UPIN is unnecessary if a certificate is used. My takeaway from that is the certificate is like a single-use VAF/UPIN.

For me the six month wait was long enough I couldn't even remember what the heck gun I got denied on, I did not end up buying that one, picked a much more expensive one just to celebrate being un-denied

BTW, they only corrected one thing on my record, enough to clear me as not being prohibited to possess firearms: the rest of the inaccuracies remain and I am to this day working to get those removed. The FBI for the most part only records what they get from State and local law enforcement agencies, they seem to be disinclined to meddle with information which, even though they know to be inaccurate, was furnished to them be other trusted sources. And I get that. Tell you what though, I'll take the FBI over the locals any day and Sunday, just my experience.

 

[ChileRelleno]

Yep, agree with the others... This only covers this instance.
Do not for a second count on them having done anything more than they absolutely had to to deal with this one issue. But, one can hope they did and simply go try to buy a Long Gun, and see what gives.
If still having a problem, immediately file a VAF and get a UPIN.

Took mine eight months to go through, I'm glad I got it, so much easier than always being Delayed.

 

[jonh]

Got Denied after appeal!

Hi i got denied 4 month ago and put appeal and i got my appeal with certicate wich said i am eligible to buy firearm and i went back to FFL and got denied again!

 

[Bubbles]

Did you get a UPIN or just appeal the one transaction?

 

[jonh]

no i just appeal without UPIN first time,so now i have to submit fingerprints with VAF and wait again 4 month? is anybody have that hard time with NICS or just me?

 

[bikemutt]

That is unusual, and I'm sorry that happened to you.

When I received my certificate and UPIN, went to the FFL to pick up the gun, the FFL was told NOT to use the UPIN if he had a certificate.

In either case, the same rules apply, if they discover prohibitive information, they will deny the transaction.

It's worth noting the certificate was the first one this FFL had ever seen, and they are a very large gun store. I had to do a lot of coaching to ensure the counterman passed along the certificate information to the NICS.

I would contact the Appeals section by phone about this, my gut tells me there's a better path for you than waiting another 4 months.