Help regarding firearm denial

I am currently in the US Army was wondering if anyone would be willing to, if possible, answer a question for me privately through message, email, or even via text about a denial of purchase of a firearm and about clearance's through the Army. Prior Military service would be nice but not needed just a little more info than what I have now would be great. Kburns129@yahoo.com is my email please send with the subject with something relating to my post. Thank you anyone who replies and thanks again for helping me with my question and these matters.

If you have been denied, you have a right of appeal. They must explain the denial and give you a chance to refute the information that prompted the denial. However, if any of the reasons for denial in the law apply to you, don't waste your time. Those criteria are absolute. For a quick reference for those criteria, see the yes/no questions on the 4473. If you answer yes to any of them (except the first one), you may not own a gun. The first question asks if you are truly the purchaser. That question requires a yes answer, but a no does not disqualify you from owning a firearm. It does disqualify you for that purchase because you have just admitted to making a straw purchase.

Purchasing a firearm for a bona fide gift is not a straw purchase. However, before you gift a firearm, be sure that the person you are gifting it to can lawfully receive it. It is possible to commit a felony by gifting a firearm.

I don't know if any of this helps you. If not, I hope someone with good information about your exact situation contacts you. But a security clearance should have nothing to do with the background check, although failing one will likely mean failing the other. Passing one won't mean that you will pass the other.

???

A bit odd. Of all the firearms-related forums and websites, the OPer chose this one.

Probably safer to discuss it by private message through this forum.

I'm just worried if i pursue the appeal of the denial if it will put my clearance or job in jeopardy. Would like to know why I was denied and no longer have the paperwork to submit an appeal. Thanks for the help though.

If you know that there is cause to deny, then raising the issue could cause unwanted attention. If you know that ther is nothing in your background to cause a denial, then appeal!

Only you know if they made a mistake or if they found that skeleton you thought you had well closeted.


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Is there a way to file an appeal to the denial without the paperwork they gave me? or do i need to try to purchase a firearm knowing ill get denied wait for the paperwork and go from there?

eye95 said:

If you know that there is cause to deny, then raising the issue could cause unwanted attention. If you know that ther is nothing in your background to cause a denial, then appeal!

Only you know if they made a mistake or if they found that skeleton you thought you had well closeted.


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Anything that can be found via a background check would have been picked up in a security background investigation. Background checks are simply cross-checking against "published" criminal record data. Securitry investiggations go way deeper.

Unless, of course, you have very recently committed a crime and not reported it yet.

Because you say you are military, I am wondering out loud if you might have become fouled by the "state of residence" issue.

What bothers me more is "I was denied and no longer have the paperwork to submit an appeal." That suggests that you are not all that worried about your security clearance, do not know much about security clearances, or possibly are fishing under a false flag. No accusations at this time, but my SpiderSense is tingling all over the place.

stay safe.

I am in agreement with Skid and Citizen. I sense something is "up".. I try and stay away from buying from FFLs when I can, but when I do, I get a quick pass. The military/clearance/gov't thing usually works in my favor, and those I work with say the same.
It could be the state of residence thing, but normally it isn't for active duty I have talked to. Was the denial on a base exchange? Pawn shop? Big box kinda place? Not much info to go on. Hopefully someone who did PM with this person got more info and possibly helped him. Pretty skeptical of an active military, with a clearance being denied. Unless it was an old domestic...Might be of that ilk. If you are honest with the investigators for your clearance, you can still get/keep a clearance for some infractions..

I run NICS checks every day. A security clearance does not mean one will pass a NICS check. It should. It usually does, But it does not have to.

That is why I told the guy that he should know if there is anything in his background that would cause a denial or if a denial would be a mistake. None of us know. The story is fishy, and I suspect that there is a there there, and the OP is hoping it goes unnoticed. He should be careful to answer the 4473 questions honestly, or he risks more than a denial. He risks a federal conviction.


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West9 said:

I'm just worried if i pursue the appeal of the denial if it will put my clearance or job in jeopardy. .

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Why? You want to serve a government who denies people basic rights?

I have not recently committed a crime or anything like that. I've never heard of a "state of residence" issue. I grew up in NY moved to PA at about age 16 tried to buy a mosin nagant at a Dicks sporting goods figured it would be nice to have a piece of history and got denied. Did not actively pursue the the denial because I was in the process of joining the military and figured it would cause a problem. In your regards to your spider sense, totally understandable lol, I do not have much if any knowledge about security clearances besides the fact that I have one.
I recently paid to get a criminal background check run through "PATCH"? the PA state police check system, currently waiting for that to come back before I figure out the next course of action. I went looking on NRA's website and it said to contact the State attorney general about firearm rights reprisals and appeals so it's a start I guess. Thanks to those that posted, sorry for being so "shady".
And to david mcbeth if you've never served I'm not sure you would understand, so I won't bother getting into it.

West9 said:

I have not recently committed a crime or anything like that. I've never heard of a "state of residence" issue. I grew up in NY moved to PA at about age 16 tried to buy a mosin nagant at a Dicks sporting goods figured it would be nice to have a piece of history and got denied. Did not actively pursue the the denial because I was in the process of joining the military and figured it would cause a problem. In your regards to your spider sense, totally understandable lol, I do not have much if any knowledge about security clearances besides the fact that I have one.
I recently paid to get a criminal background check run through "PATCH"? the PA state police check system, currently waiting for that to come back before I figure out the next course of action. I went looking on NRA's website and it said to contact the State attorney general about firearm rights reprisals and appeals so it's a start I guess. Thanks to those that posted, sorry for being so "shady".
And to david mcbeth if you've never served I'm not sure you would understand, so I won't bother getting into it.

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I grew up in NY moved to PA at about age 16 tried to buy a mosin nagant at a Dicks sporting goods figured it would be nice to have a piece of history and got denied.

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Confused... you moved at age 16 and tried to purchase at 16?

This 'denial' was several years ago?

Anyway, just go buy one, if you get denied, you'll have all the necessary information with which to file an appeal. If you are not aware of any disqualifiers and do not lie on the 4473, nothing will come about as a result of the denial.

West9 said:

And to david mcbeth if you've never served I'm not sure you would understand, so I won't bother getting into it.

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Oh, I understand. I complained to airmen after 9-11 for being at airports pointing their guns at me. The airmen had no clue why this was improper.

And during Katrina, the gun grabs done via police and federal soldiers....totally BS. And guns are still not being returned even after a judge ordered such return.

So you have joined an organization that can only limit our rights, not expand them. Washington understood the issues of a standing army.

The purpose of the military (or use of) has drastically changed in the past 20 years. I now see the military as an oppressive force against the citizens of this country, an extension of political bodies to enforce political viewpoints.

Feel offended? Too bad. The military has run out of opponents (no more USSR) .. so they turn their attention against United States citizens, all in the interest of "terrorism" which means now whoever the government does not like. Hopefully, my posts entices you to learn more about these issues.

Good luck getting your gun ... it appears you are not disqualified (unless joining the army is proof of a mental issue (har har har) - a zing from a USAF vet).

West9 said:

I have not recently committed a crime or anything like that. I've never heard of a "state of residence" issue. I grew up in NY moved to PA at about age 16 tried to buy a mosin nagant at a Dicks sporting goods figured it would be nice to have a piece of history and got denied. Did not actively pursue the the denial because I was in the process of joining the military and figured it would cause a problem. In your regards to your spider sense, totally understandable lol, I do not have much if any knowledge about security clearances besides the fact that I have one.
I recently paid to get a criminal background check run through "PATCH"? the PA state police check system, currently waiting for that to come back before I figure out the next course of action. I went looking on NRA's website and it said to contact the State attorney general about firearm rights reprisals and appeals so it's a start I guess. Thanks to those that posted, sorry for being so "shady".
And to david mcbeth if you've never served I'm not sure you would understand, so I won't bother getting into it.

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OK the bolded caught my attention. What crimes have you committed in your past?

As a juvenile, (14) I had a pocket knife on me at a football game in front of the school. Received probation for 3 months, would this keep me from owning a weapon or do you know of anything I could do to get my rights back? I carry a weapon everyday at work on duty, a pistol and a shotgun. I've qualified expert on pistol and rifle qualifications. I've fired crew serve weapons, the .50 cal, the 249, the 240b, and a 203. My main confusion with this and the confliction with the military and my clearance is why would I be able to carry a weapon on duty and receive my clearance but not be able to own a weapon to protect myself/family. I understand that the charge is probably keeping me from owning one and is why I am trying to receive my record. Once I have it though I am not sure which way to proceed.

West9 said:

As a juvenile, (14) I had a pocket knife on me at a football game in front of the school. Received probation for 3 months, would this keep me from owning a weapon or do you know of anything I could do to get my rights back? I carry a weapon everyday at work on duty, a pistol and a shotgun. I've qualified expert on pistol and rifle qualifications. I've fired crew serve weapons, the .50 cal, the 249, the 240b, and a 203. My main confusion with this and the confliction with the military and my clearance is why would I be able to carry a weapon on duty and receive my clearance but not be able to own a weapon to protect myself/family. I understand that the charge is probably keeping me from owning one and is why I am trying to receive my record. Once I have it though I am not sure which way to proceed.

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If that is all you have you should be able to have it eliminated from your records since you were a juvenile. There are other possibilities, such as someone with the same name, and DOB. I used to get delayed because of another person with the same name.

"Airmen" were pointing guns at you???

Sorry, don't believe it for a second.