NICS denial and corrected record question.

[buckeye resident]

Here in Ohio, I was denied a firearm based on a 40 year old record of stealing a roll of carpet in college. The charge was felony reduced to misdemeanor. Problem was my record said Grand Theft. Couldn't believe that. I've corrected this with BCI and the FBI by getting the corrected records of petty theft from the municipality and forwarding them. Meanwhile I also filed a formal appeal that I don't feel like waiting 3 to 4 months for... when I know their records are corrected.

My question: Is there a problem with trying again to qualify at the FFL for a firearm? or does someone do this as a service just to check for you? Wouldn't want it to backfire. I may just have to wait, but NICS will and probably already has the proper records. Why have to wait on the appeal process now?

 

[Ryanxia]

I don't believe anyone does it 'as a service'. To my knowledge as long as you answer truthfully on the form 4473 you fill out when purchasing a firearm, there shouldn't be any backlash legally. To lie on the form is punishable by up to 5 years in prison which is why I say answer truthfully.

Good luck.

 

[mgkdrgn]

I also filed a formal appeal that I don't feel like waiting 3 to 4 months for

If you didn't want to wait, why did you bother to file? These are "processes" that take time. Nothing you can do about it.

My question: Is there a problem with trying again to qualify at the FFL for a firearm? or does someone do this as a service just to check for you?

NO

 

[kanook]

Welcome, A good "Firearms lawyer" can "find and fix" most legal problems for you. Then you know for sure and if you still get denied you already have a lawyer.

 

[buckeye resident]

I didn't know it was that long a process until I found they were running months behind. I understand it now. Wanted to get an appeal in and then follow it up with all the corrected information, which I've done. I assume the appeal effort would spring denials as a result of any attempted purchase?

 

[BSA1]

What agency is BCI?

Your arrest record will need to be corrected by the Agency / Police Department that entered it into NCIC / NICS.

 

[bikemutt]

IMO if you don't wait for the official notice from the NICS Appeal Section that your appeal has been upheld, you will be denied on a NICS check. If you get denied again it's very unlikely that will speed up the matter's favorable resolution.

 

[Midwest]

What agency is BCI?

Bureau of Criminal Investigation (BCI)

http://www.ohioattorneygeneral.gov/Law-Enforcement/Bureau-of-Criminal-Investigation


"The Bureau of Criminal Investigation, known as BCI, is the state’s official crime lab serving the criminal justice community and protecting Ohio families. BCI also provides expert criminal investigative services to local, state, and federal law enforcement agencies upon request. With offices throughout the state, BCI stands ready to respond 24/7 to local law enforcement agencies’ needs at no cost to the requesting agency.

Staff at BCI work every day to provide the highest level of service. This includes special agents who are on call 24/7 to offer investigative assistance at crime scenes, knowledgeable scientists and forensic specialists using cutting-edge technology to process evidence to bring criminals to justice, and criminal intelligence analysts and identification specialists who help local law enforcement solve cases.

Experienced special agents, forensic scientists, and other law enforcement experts staff BCI’s three main divisions::

Identification Division
Investigations Division
Laboratory Division "
.

 

[buckeye resident]

That probably makes the most sense. The way things work today, another denial may even cause the need for another appeal. I'll cool my heels until I hear something positive from the FBI saying I could move forward with an attempt at a transfer. At this point in time I know the State and FBI records are probably corrected. Who knows, playing the game may even make them look negatively at a petty theft charge which still exists until it is expunged which is also in the process. Thanks much to all of you have replied. Patience will probably persevere in this case.

 

[bikemutt]

You've made a good choice to wait it out IMO.

I'll just add, this is not a game to be played, the FBI NICS is very serious. Do your part, they will do their's. Problem solved.

 

[BSA1]

Keep us updated on this.

I am curious to see what agency corrects the NICS information.

 

[buckeye resident]

I'm not entirely sure BCI (the state) was used at all in this app. and denial. I am quite sure the FFL told me they work directly with the FBI only. Not the state. The FBI may have had their own record. Nevertheless, the municipality it took place in has corrected their records and sent them on to BCI. That's the only way to fix it. I imagine BCI will correct the record with the FBI. I'll keep the site informed on how or who changes the record specifically with the NICS dept but I imagine its going to be the FBI. It may help somebody else in some way. I hope they do tell me though. I'll be calling FBI customer service at least once during this 3 month turnaround cycle.

I also see what you're saying about the "agency" that submitted the record. I hope I don't have to go back to the original police station and have to ask them to forward the change specifically to NICS themselves. (just because they were the originating agency). The info and certified documents are all with the appeal but that's been sent by me. This really almost gets to be a confusing mess. One little hiccup and somebody could deny the appeal.

Yikes, 40 years thinking I had a misdemeanor on the record. Good thing I was self-employed and not out job hunting. Another reason I didn't worry about expungement. I'm sure a few were curious about that also.

 

[buckeye resident]

Wow. Hard to believe, but true

Believe it or not yesterday Feb 14 I received a letter for the Justice Dept.
Included was a reverse decision saying I was qualified to own a firearm. Also a UPIN ID number from the VAF filling I sent with my appeal documents. Why I didn't have to wait for the whole appeal process to take place may only be because I kept this thing alive with numerous calls to Oxford, the city of the original charge, Butler County authorities,BCI state authorities and lastly the FBI

In the event it may help somebody else. I'm going to list the order of events that found a way to work in getting the problem resolved in short order.

1/23/2015 Denied gun transfer at a local Rural King Store
1/25/2015 Call to Butler County records Department.
1/26/2015 Receive a Report from BCI showing an erroneous felony conviction that was otherwise reduced to a misdemeanor 40 years ago.
1/26/2015 Trip to sheriffs office for electronic finger printing for backgrounds
1/27/2015 Call to FBI NICS section to report erroneous background report
1/27/2015 Call to BCI to report erroneous background report
1/27/2015 Call to Oxford to report erroneous background report
1/27/2015 Receive my 5 day answer to original appeal. Denied.
1/28/2015 All records and corrections in hand from Oxford (agency of origin)
1/30/2015 Have 4 fingerprint cards done at a local police station

2/01/2015 Formal appeal letter and all corrections (certified) sent to CJIS NICS section of Justice Dept. plus VAF app.

2/01/2015 All erroneous records and corrections faxed to BCI of Ohio

2/02/2015 City of Oxford contacts BCI of Ohio with formal correction

2/02/2015 Phone call to FBI informing them the record has been or is being corrected.

2/03/2015 to
2/12/2015 The City of Oxford, BCI of Ohio, and CJIS NICS section communicate with the FBI at the Justice Dept.

2/12/2015 A formal letter of reversed decision mailed by Justice Dept.
2/14/2015 I'm the recipient of a letter that reverses the denial and receive a
a UPIN number

As it stands, I think this being inside of 30 days of the attempt at purchase date made it doable without waiting in line for the formal appeal. Certainly saves them time also The FFL holds the denial for 30 days themselves, meaning if you can convince the right people in that period of time it can happen. Never mistake that as something easy to do. At any rate, lots of faxes (5), mailings (4), phone calls (14), and about $200.00 while being a very friendly pain in the ass to lots of people made me a very lucky person. I've thanked them all for getting the record straight.

I hope this one day helps somebody as a guide. Somebody here said the FBI doesn't mess around. Well, that's true, but it works both ways because in a short period of time I have a reversal letter and a VAF. With that said, I'm one happy camper.

 

[Coyote3855]

Good news. Thank you for the time line/process. I haven't been denied, but this information will be helpful as this issue comes up with some regularity on THR.

 

[bikemutt]

Congratulations buckeye resident, your patience paid off, now you are done with it!

When I was denied back in 2010 it took 6 months for the FBI/NICS to resolve it and uphold my appeal, I'm glad yours took considerably less time.

Enjoy your new gun

 

[buckeye resident]

Thank you.

Thanks dude. When I saw the Justice Dept. envelope I would have never dreamed it was for approval. I did a bunch of leg work and research, but I'm still lucky it happened the way it has and so soon.

Good Luck to you and some of the others who gave my post due considerations in an effort to help. tex

 

[bikemutt]

Chalk some of it to luck for sure, more importantly IMO is you are a good person who faced your challenge head on and prevailed. Your success has only just begun!

 

[Styx]

Here in Ohio, I was denied a firearm based on a 40 year old record of stealing a roll of carpet in college. The charge was felony reduced to misdemeanor.

Congrats on getting everything taken care of. Just wondering though, was this the first time in 40 years that you attempted to buy a firearm via FFL?

 

[buckeye resident]

Thanks

Yes. Throughout my lifetime, this will be the first time I ever purchased any kind of firearm.