NICS question

[Jeff H]

I always understood that NICS had to destroy their records at the end of the business day so the government did not have a database of gun owners.

If this is true, I don't understand why there are so many threads in this forum about NICS denials. I mean, if you are not a prohibited person and get wrongly denied, can't you just wait a week and go into the same or another store and fill out the form again?

I've never been denied or delayed, but maybe someday I will.

 

[RatDrall]

I mean, if you are not a prohibited person and get wrongly denied, can't you just wait a week and go into the same or another store and fill out the form again?

You have to appeal it, so that you dont get denied again.

 

[kingpin008]

If this is true, I don't understand why there are so many threads in this forum about NICS denials. I mean, if you are not a prohibited person and get wrongly denied, can't you just wait a week and go into the same or another store and fill out the form again?

No. Think of NICS as a search engine - it looks for any relevant criminal records for people with your name and shows the operator, so they can give the dealer a stop or proceed. Nothing involving your denial is actually stored in the NICS system, so you could re-apply a minute or a week later, and unless you had it investigated deeper, the same denial would occur.

 

[NavyLCDR]

Only records of approved queries are erased at the end of the day. Denials are kept on record indefinitely:

http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=28:1.0.1.1.26.1.4.9&idno=28

§ 25.9 Retention and destruction of records in the system.

b) The FBI will maintain an automated NICS Audit Log of all incoming and outgoing transactions that pass through the system.

(1) Contents. The NICS Audit Log will record the following information: Type of transaction (inquiry or response), line number, time, date of inquiry, header, message key, ORI or FFL identifier, and inquiry/response data (including the name and other identifying information about the prospective transferee and the NTN).

(i) NICS Audit Log records relating to denied transactions will be retained for 10 years, after which time they will be transferred to a Federal Records Center for storage;

(ii) NICS Audit Log records relating to transactions in an open status, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry; and

(iii) In cases of NICS Audit Log records relating to allowed transactions, all identifying information submitted by or on behalf of the transferee will be destroyed within 24 hours after the FFL receives communication of the determination that the transfer may proceed. All other information, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry.

 

[Jeff H]

No. Think of NICS as a search engine - it looks for any relevant criminal records for people with your name and shows the operator, so they can give the dealer a stop or proceed. Nothing involving your denial is actually stored in the NICS system, so you could re-apply a minute or a week later, and unless you had it investigated deeper, the same denial would occur.

I guess I was thinking that most wrongful denials were because of mistakes in the data entry when the check was made. How would you explain a denial after someone has bought 20+ guns previously. If that was the case, reapplying would not yeild the same result.

Edit- As usual, Navy LCDR as found the pertinent legal stuff to put my question to bed. Thanks.

 

[NMCCWGUY]

I'm going through that exact thing right now. Been legal for years (9 out 10 guns bought through FFL) and now whammo! Prohibited. I am applying for the VAF as well so this doesn't happen again.

 

[bigfatdave]

How would you explain a denial after someone has bought 20+ guns previously.

Incompetence?
Stupidity?
Additional records mis-filed since your last NICS check?

 

[kingpin008]

Or an individual with the same/similar name and info moves into your area with a criminal record. Any number of things could cause it.

 

[mgkdrgn]

Incompetence?
Stupidity?
Additional records mis-filed since your last NICS check?

Don't forget to add typo's to that!

NICS -does- store denials .. and when they come to the FFL for an inspection the will likely bring them along ... want to know where the guns went.