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NICS - Denial of Purchase

Discussion in 'Off Topic Threads' started by halfmile, Jan 9, 2009.

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  1. halfmile

    halfmile Well-Known Member

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    Denials occur for many things. I have not had any experience but I know a person or 2 who had it happen. One just had the dealer resubmit it and it went through.

    You need to find out the reason, I think there is a procedure for this.

    HM
     
  2. Inspector 12

    Inspector 12 TS Member

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    Maybe this is the lead in to the new administrations plan to empower the Attorney General to decide what guns and ammunition should be available to the people in spite of what the law says?
     
  3. Fast Oil

    Fast Oil TS Member

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    Did you supply your SS#? The dealer should have given the criteria and form for challenge of the denial.
     
  4. ivanhoe

    ivanhoe Well-Known Member

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    stepper442 If I am not mistaken I believe that the misdemeanor for any infraction that has a penalty of over(I believe 1.5 years)is a reason for denial under the NICS portion of the Brady Bill Law.

    Whether there are ways around this I am not sure. Everyone that owns guns and likes to have a few drinks. Should know that if you are convicted of a misdemeanor of this class( I believed they go by classes)you could loose your gun rights or at least the right to purchase a gun.

    I am not suggesting that there is anything wrong with having a few drinks. If however you have to drive you are best to Nix the idea of drinking.

    "Federal Categories of Persons Prohibited From Receiving"

    "• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years."

    Bob Lawless
     
  5. edthearcher

    edthearcher Member

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    I get flaged quite abit, they tell me that there is no way of finding out why. have never been denied tho. purchased a marlin lever action at black river falls a year ago and told the store owner that I might be flaged. he called in the paper work and sure enough I got flaged. 3 min. later they called back and asked is that senior or junior. the store owner said senior bang I got the gun approval then.
     
  6. Shooting Coach

    Shooting Coach Banned User Banned

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    As one who has three different licenses and commissions to carry a firearm, I am denied about twice a year. Every five years I have to pass eight Federal background checks, at $56 a pop.

    The fellow in charge of this for my state confidentially told me if they get really busy, they deny a couple of requests. A similar name to a prohibited person can get one denied.

    Also, the bottom line is, they are expected to deny a certain percentage. If this denial is overturned in five minutes, it is still reported to superiors and news media as "preventing a criminal from getting a firearm". The fact that around 90% of denials are overturned is not a part of the equation.

    Be patient, file the appeal. If needed, go get documentation of expungement from your county or criminal court clerk.

    If you don't do this, they have won. You have rights, exercise them.
     
  7. ivanhoe

    ivanhoe Well-Known Member

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    edthearcher has your son been a bad boy....LOL. Seriously when I worked for Dick's(a mistake I hope never to make again)it seemed like the managers told us that most of the people that were flagged and then approved later was over name differences, Sr. JR. different middle initial things like that.

    Bob Lawless
     
  8. jimrich60

    jimrich60 Member

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    Most of the responses here seem to have missed the point of this question. Stepper442 clearly states that he was convicted of a DUI which carried a possible punishment of up to 2 years imprisonment. Does not matter whether or not such punishment was actually imposed as long as the state criminal code carried that as a possible punishment for the offense. Such a conviction will be in NICS and will result in denial of a firearms purchase. Not a case of mis-ID, capricious government, Obama, mistake,etc. This appears to be simply a case of the law being enforced (whether the law is right or wrong was not the question). What stepper442 is asking is if there is anything that he can do to clear his record as far as the firearms laws go. This I do not know. My advice is to get legal advice from a good lawyer qualified in firearms laws and see if there might be any grounds to be removed from the NICS denial rolls if the denial was based on your conviction. Ivanhoe's comments should be a timely reminder to all of us that simple carelessness or inattention can cause problems far beyond the initial arrest and affect one for life.
     
  9. pigeon101

    pigeon101 Member

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    Stepper442 I also have had a DUI. This was in Aug of 99. I have never been denied a firearm. You should have been offered a denied appeal form from the buisness associate you were dealing with. Fill out the form and send it to your state police, or whom ever it needs to go to. A DUI should not prevent you from buying a firearm. It could be a simple mix up of a common last name,
    social security #'s. These things through up alot of flags.

    Jason in PA
     
  10. Shooting Coach

    Shooting Coach Banned User Banned

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    "Be patient, file the appeal. If needed, go get documentation of expungement from your county or criminal court clerk."

    If the case was retired, you need documentation. If not, spend the geeders on a lawyer and get it expunged. Routine paperwork.
     
  11. ivanhoe

    ivanhoe Well-Known Member

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    jimrich60 I think you missed something I posted a link to the Nics guide lines in it is contained this text.

    NICS Appeals
    Individuals who are denied the purchase of a firearm may request that the NICS or the state which processed their transaction provide the reasons for the denial. The regulations address the process for filing an appeal. Appellants must include the NTN assigned to their transaction. Appeals may be submitted via facsimile at 1-888-55-6427; by e-mail at nicsappeals@leo.gov; or by mail to the NICS Section, Appeal Services Unit, Post Office Box 4278, Clarksburg,
    West Virginia 26302-9922

    There is provided in the text a Web Site for appeals and I am was hoping there might be more informations at that site on the appeals process.

    Bob Lawless
     
  12. TOOLMAKER 251

    TOOLMAKER 251 Active Member

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    A trapshooting friend of mine was convicted 2 times in Pa. in the early 90's the 2nd. time he spent 30 days in jail. He has a permit to carry and has no problem buying firearms. I did some time back in 1963 for loitering, I spent 1/2 hour at the police station until my father came and paid the $19 fine.
     
  13. dbcook

    dbcook TS Member

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    jcl,a national drivers license has been around for years.i have one & so do several hundred thousand other people . dwain
     
  14. ivanhoe

    ivanhoe Well-Known Member

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    pigeon101

    "A DUI should not prevent you from buying a firearm. It could be a simple mix up of a common last name, social security #'s"

    The Law say that DUI conviction can cause a denial. stepper442 has already admitted he has a "gross misdomenor" and it has to be a conviction.

    TOOLMAKER 251

    "A trapshooting friend of mine was convicted 2 times in Pa. in the early 90's the 2nd. time he spent 30 days in jail. He has a permit to carry and has no problem buying firearms."

    This is very possible as I believe that the(if you are talking DUI or OWI)conviction has to be after a certain date in 1994(I don't have my paper work available at present)before that date the penalties for a misdemeanor in most state were not severe enough to qualify under the law.

    Bob Lawless
     
  15. Tdog

    Tdog TS Member

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    Stepper442 are you sure your conviction was a gross misdemeanor? Gross Misd. in MN is defined as having a sentence of up to one year in jail and /or $3000.00 fine (MN Statute 169a.03 Subd 8). A felony has a sentence of at least a year & a day. If your DUI was a felony conviction, I believe that would prohibit you from purchasing a firearm.
     
  16. Brian in Oregon

    Brian in Oregon Well-Known Member

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    A felony conviction not only prohibits purchasing a firearm, it prohibits owning a firearm.<br>
    <br>
    And under the Lautenburg law, a misdemeanor domestic violence conviction denies gun ownership for life with no appeal. (Not that appeals on the federal level are possible anyway - BATF will not accept appeals because congress did not provide money to fund that program.)
     
  17. ricks1

    ricks1 TS Member

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    do any of you READ the posts or just mouth off! The DUI will stop a NICS check. If you slap your wife and it GETS FILED forget a gun. The way ATF told me you dont have to be convicted, just charged and it is a major problem from then on. If you can get a CCW [that most times dont go the the feds] do it and then we dont have to do a NICS. I have a question in now that they havent ruled on yet. Can I transfer a handgun across states that have a CCW. As of now no but havent heard back
     
  18. ivanhoe

    ivanhoe Well-Known Member

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    ricks1

    "do any of you READ the posts or just mouth off! The DUI will stop a NICS check. If you slap your wife and it GETS FILED forget a gun. The way ATF told me you dont have to be convicted, just charged and it is a major problem from then on."

    Rick I think you need to lighten up a tad. In your post say no one is reading just mouthing off. Then you say you don't have to be convicted. I posted a web site and quoted the present law that say you do need to be convicted

    "• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years."

    Did you forget to read it or are you just mouthing off?

    Bob Lawless
     
  19. dbcook

    dbcook TS Member

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    jcl,i am quite sure as you & everyone else that with the chicago political machine in power in d.c. they will probably get it done dwain
     
  20. slide action

    slide action Well-Known Member

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    I have as friend who is a retired Navy NCO. He was arrested for public intoxication while in the Army on an inlistment before he joined the Navy. As a result he was considered AWOL from his unit for 1 day, because he was late reporting back in due to his one day in jail. He was issued an article 15 which is NON JUDICAL PUNISHMENT. There was never a trial or conviction of "ANY" kind, yet he continually gets denied from the NICS check.When he checked into it ONLY the arrest shows up. There is NO mention of any conviction of ANY kind! Also the guy who he talked to was a real SA and said unless he could PROVE somehow that the the 1 day AWOL an aricle 15 was not a CONVICTION he was just out of luck! It is a sure bet the BOZO was NEVER in the military and has no clue that an article 15 does NOT constitute a court conviction.--As far as the misdemenor crap especially domestic violence which can be pretty vauge, all that was added latter by the Sorry @$$ed Clinton liberals. Look for this to get MUCH WORSE when wonder boy takes office!
     
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