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NICS Denial - possible benign reasons? Colorado CBI

Discussion in 'Legal' started by First4Freedom, Oct 6, 2018.

  1. First4Freedom

    First4Freedom Member

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    Hi everyone,

    I was denied on my NICS check today, and have the one page appeal form to email to the Colorado CBI.

    I know I will only know why I was denied when they respond to me, but I would like to ask if anyone has success stories where the reason for the denial was something trivial.

    I have a Colorado ccw permit, and have purchased two firearms here with no issues. I have a very vanilla lifestyle with no parking or speeding tickets and no arrests or any marks against me. I am trying to figure out why I was denied. I forgot to put the apartment number on the form, but the gun store said that wouldn't be it.

    I'm a little disappointed as I had a great opportunity to buy a gun that had been eluding me for months. I also realized my ccw address needs to be changed and I am about a month late on that as well.

    Any ideas or tips would be appreciated from anyone who has experienced this.

    Thank you.
     
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  2. Slamfire

    Slamfire Member

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    People who have names common with certain ethnic groups frequently have a denial, and it takes NICS time to figure just who is whom. Don't sweat it.
     
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  3. bikemutt

    bikemutt Member

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    Being denied on a firearm transfer when you've done nothing wrong sucks.

    Your address is not transmitted to the NICS as far as I know.

    Appeal the denial, start soon, in earnest.
     
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  4. Wisco

    Wisco Member

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    It is possible that the FFL input/relayed your name/info wrong.

    A wrong social may screw it up.

    If you know you’re not prohibited, try again and make sure your 4473 is legible and the clerk can accurately relay it.
     
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  5. First4Freedom

    First4Freedom Member

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    Thanks gents, I've submitted the appeal form by email and will see what happens. Hopefully it will end well and I can add a positive story to the forum. I appreciate your guidance and support.
     
  6. BSA1

    BSA1 Member

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    So your Colorado Conceal Carry License does not take the place of the NCIS check?

    In Kansas my Conceal Carry License takes the place of the NCIS check. I just fill out the 4473, present my CCL and pay the bill. It usually takes all of 10 minutes.

    I wonder how many other States require the NCIS check even though the buyer has a CCL?

    Identity theft is a big problem in our country.
     
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  7. BilliamB.

    BilliamB. Member

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    I know the feeling of having a NICS check nixed; it's like a gut punch. Most times I've been approved within 15 minutes. But there were times (twice, as I recall), that I've had to wait a day or two. I've never been convicted--or even accused--of any crime; I've never seen my face on any post office walls. All I can conclude is that there were some bad guys out there with similar names.

    As others have already said, you may just be caught in the gears, but even after you are approved, the experience will leave a bad taste--especially since you'll never receive an explanation. Good luck going forward.
     
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  8. Mn Fats

    Mn Fats Member

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    I've never been flat out denied but about 5 years ago I got delayed by nics and had to come back 4 or 5 days later.

    Every single gun purchase since then (10-15) has gotten a "delay" or a "hold" from nics. My lgs told me that if it happens once then it will most likely happen every time now. Not sure how true that is for everyone but it has become true for me.

    Hopefully your denial is a one time fluke. Good luck.
     
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  9. First4Freedom

    First4Freedom Member

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    I was delayed first, then the store called me back to say I was denied. They had a print out of the appeal form ready for me so that was nice of them.

    Unfortunately my Colorado CCW isn't a replacement for the NICS check, wish it was! It is a very frustrating experience, I hope it doesn't take months to clear this up. I know it's not a case of mistaken identity since my name is not very common at all.

    You are right, it does leave a bad taste in my mouth.
     
  10. ScrapMetalSlug

    ScrapMetalSlug Member

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    I’ve never been denied, but about 50/50 I am delayed. At some places it just causes me the 5 business day delay, but some places due to store policy it is the same as a denial. I’ve never had a delay resolve sooner than the full wait time when they are able to proceed.

    My problem I know is that there is someone with my same name about two years older who is a violent felon. We are from the same state too. I only know this because I was erroneously arrested one time and spent 24 hours where the police were trying to convince me I was him. That was always a terrifying experience, and what I assume has caused all my NCIS delays.

    It is frustrating either way and at times seems random, but you will get it sorted. Hope your appeal goes well.
     
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  11. morcey2

    morcey2 Member

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    I was denied once after a screw up at a court having to do with an expired registration ticket that was paid, but wasn't marked as paid by the court. It went to a bench warrant and being a warrant, I was denied. Thankfully I kept the receipt for when I paid the fine and was able to get it cleared up the same day. I had bought a rifle at the same pawn shop less than a week earlier and they were as confused as I was since I was one of their best customers (buying stuff, not pawning stuff.)

    Matt
     
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  12. GE-Mini-Gun

    GE-Mini-Gun Member

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    VA...4473 and a SP-65
     
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  13. Jackal

    Jackal Member

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    Here in WA, even with a CPL you need a NICS check AND a state pistol transfer form for a handgun.
     
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  14. lemaymiami

    lemaymiami Member

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    In today's world with all the identity and credit fraud around I wouldn't be surprised if I got denied (and I'm a retired cop..). Twice in recent years I've been notified that some bad actor had cloned one of my credit cards and tried to use it (not much fun when your only credit card is blocked - and you're out of state..). A close friend last year submitted his IRS return - and learned that someone had already submitted a return and gotten a fat check - with his name attached. Yep, took a few months to sort it all out...

    However it turns out, if you can please post up what problems were found and whether you were able to sort it out without having to get a lawyer... Everyone here will be happy to learn about the process...
     
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  15. First4Freedom

    First4Freedom Member

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    Will do, they have my emailed appeal form so now I have to wait and see what happens. I was so close to coming home with that gun, what a crazy twist of fate that ended up being!
     
  16. jimeast

    jimeast Member

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    Not sure if this applies, but.. In MA, I typically get held up by NICS when buying a firearm. This then starts a 3 business day waiting period for them to deny me. If they do not respond in the 3 days, I can pick up the firearm. They might also come back with a yes or no in the mean time. All three situations have happened to me: Held up for three days, not held up, and held up for one or two business days.
     
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  17. jak67429

    jak67429 Member

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    Used to get denied all the time. some one with almost the same name. Got a upin now immediate approval.
     
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  18. First4Freedom

    First4Freedom Member

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    I'll probably go this route, just wondering how long it takes to get a response on average. I know they have 30 days to do it.
     
  19. Wisco

    Wisco Member

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    I have a UPIN.

    Having the UPIN...One day I was denied at a LGS. A week earlier I was approved at the same LGS, different clerk. I went to a Scheels one hour later and was approved ($50 less too). I was buying a 10/22 - easy test case because every store has one.

    I am certain the LGS where I was denied input/called in my info wrong, although they wouldn’t show me and couldn’t remember if they used my UPIN.
     
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  20. bikemutt

    bikemutt Member

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    A UPIN is no guarantee of a timely proceed. I bought a rifle at a pawnshop on a Saturday; instant proceed with UPIN. I spotted the perfect SP101 under glass for my wife, took the rifle home and returned to the pawnshop with her. She agreed, I bought it for her, same UPIN; instant 2-1/2 day delay. Go figure. And yes, I have a WA CPL.

    The instant UPIN highway is littered with traffic delays.
     
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  21. First4Freedom

    First4Freedom Member

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    So if you are denied on one day does it mean you might pass on another day? I have read that they don't keep records of the background check. Thanks for the wisdom on the UPIN, it sounds like it is just as fallible.
     
  22. Wisco

    Wisco Member

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    If you’re denied, it’s because they found a record that is grounds for denial. Nothing will change that without an appeal and providing a new record - like an arrest that was an error or didn’t end in conviction.

    If you know you’re not prohibited and supposed to be denied, I would try again. If still denied, the appeal and getting a UPIN is the course of action.
     
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  23. First4Freedom

    First4Freedom Member

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    Ah ok thank you, I'll just wait for the appeal to run it's course then. I don't want to make things worse
     
  24. F-111 John

    F-111 John Member

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    Did you put your optional SSN on the 4473?
     
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  25. bikemutt

    bikemutt Member

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    They keep records of all BG checks for 24 hours; BG checks which result in a deny are not purged. I don't know what the retention period is for deny BG checks, most likely they will be purged if successfully appealed.

    I know for a fact I've been delayed at one store and, while that's pending, I'll get a proceed at another store. Deny is a whole 'nother story. I wouldn't try to get around a deny personally, there's a procedure to appeal it, that's what I'd choose to do.
     
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