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Thread: Denied Purchase

  1. #1
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    Denied Purchase

    Hello all,

    Not sure this is the proper place to post this question but I figured I would give it a go. I want to start off by saying I have purchased about 4 rifles over the last year and I have NEVER been denied. Recently I went shooting with a friend and really liked the idea of having a handgun for personal protection so I went to research how to get a CCW. Long story short I found the class and they required you to have your own handgun for the class so I went to purchase one. This time around I was denied. I did send in my appeal but I am confused on why I would be able to purchase rifles but not a handgun. Are there different rules?

    Background:
    I did do one stupid act when I was younger(17-18) when I returned a prank call and said I was a cop(state patrol). Long story short the kids dad really was a cop. He freaked out and blamed someone else so I went down to the station and said it was me. This was at the time a class 6 felony. I pleaded down by agreeing to do some leadership classes and anger classes. Their agreement was to have my record expunged. I have never had any issues with this as I have had to work for a FBI background check, state and local checks etc for jobs so I figured it wasn't really an issue(i was a very stupid kid).
    I haven't had any trouble since, in fact I have only ever had 1 ticket for failing to stop at a stop sign. Would something like above cause me to not get approved for a handgun? It has been 10 + years, and many background checks later so I am not sure why it would just pop up now.

    Thanks,

  2. #2
    Regular Member Logan 5's Avatar
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    Velkome to ze kommuneest state oov Kolorado, herr Shooter23! Sieg heil!
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    Regular Member OC Freedom's Avatar
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    F.B.I. rap sheet

    The most likely reason you were denied is your FBI record shows your original charge and does not show any outcome. No record of a conviction or of your plea deal with the court. When you went to purchase your handgun the nics rep would see this felony charge and not seeing any other information on the outcome denied you your purchase. When you recieve your information on your appeal it will disclose the reason why you were denied, it will have your FBI record listed, and other miscellaneous info.

    When employers run background checks they would not see your felony charge on your record, they would only find a conviction for your crime. No conviction=clean record. The problem is the FBI does show the original charge on your record that employers and others when running your record would not see since they do not have access to your actual FBI rap sheet.

    If this is the case get an attorney to help you with you're appeal for dealing with these b@st@rds. Don't do this on your own. Turn around time is usually 5 to 6 months from the time you sent in your appeal to the time you get your response. Here is the kicker, when you send any correspondence to nics you will be put on the bottom of the paper pile and it will be 5 to 6 months before your next response from them. Truefully, this could take 1,2 or up to 3 years to attain a UPIN number and have this issue resolved.

    GOOD LUCK.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Logan 5 View Post
    Velkome to ze kommuneest state oov Kolorado, herr Shooter23! Sieg heil!
    Not a good answer to a straight question.

    To the OP, it should not be a problem, but recommend talking to a solid gun rights attorney.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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    How long has it been between your last approved purchase and this denial? Something my have changed since then in what's in NICS system. Identity theaft with felony charges by someone using your SSN or name? A dealer I used to know back in the early days when the Brady waiting period was in effect got a call from US Marshal's that a purchaser he had submitted was wanted for Felony Escape in Nebraska! Turns out the guy had lost his wallet while visiting there and some low life passed himself off as him. Or something like my dad's a Junior, and kept getting delayed for a couple years after Senior died.
    Lower the crime rate by lowering the criminal survival rate!
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    Regular Member Kopis's Avatar
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    You should win the appeal. I was talking to the owner of a local gun store and he has several customers that buy lots of firearms but are still regularly denied and must appeal.


    When i was younger, i had an ex girlfriend show up at my house at 2am drunk and angry. She and her friend attacked me. Although i never hit either one of them, i was still arrested after i called the police to help me get them out of my house (lesson learned huh?). Her friend was throwing up in my yard when the cops got there and they had smashed a vodka bottle against my house. My ex had that thing where she bruised easily and she had some bruises on her wrists from me trying to restrain her. I looked like i had walked through the tiger cage and was bleeding from several scratches but of course that didnt matter any. Oh, and i was in boxers because i was sleeping when they randomly showed up and they were in party dresses after being out all night. Anyway, it was dismissed but long story short, i get denied every time too then have to file an appeal which i win. It also took me awhile to get my CCW permit.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Kopis View Post
    You should win the appeal. I was talking to the owner of a local gun store and he has several customers that buy lots of firearms but are still regularly denied and must appeal.


    When i was younger, i had an ex girlfriend show up at my house at 2am drunk and angry. She and her friend attacked me. Although i never hit either one of them, i was still arrested after i called the police to help me get them out of my house (lesson learned huh?). Her friend was throwing up in my yard when the cops got there and they had smashed a vodka bottle against my house. My ex had that thing where she bruised easily and she had some bruises on her wrists from me trying to restrain her. I looked like i had walked through the tiger cage and was bleeding from several scratches but of course that didnt matter any. Oh, and i was in boxers because i was sleeping when they randomly showed up and they were in party dresses after being out all night. Anyway, it was dismissed but long story short, i get denied every time too then have to file an appeal which i win. It also took me awhile to get my CCW permit.
    Let no good person go unpunished
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member OC Freedom's Avatar
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    Quote Originally Posted by Kopis View Post
    You should win the appeal. I was talking to the owner of a local gun store and he has several customers that buy lots of firearms but are still regularly denied and must appeal.


    When i was younger, i had an ex girlfriend show up at my house at 2am drunk and angry. She and her friend attacked me. Although i never hit either one of them, i was still arrested after i called the police to help me get them out of my house (lesson learned huh?). Her friend was throwing up in my yard when the cops got there and they had smashed a vodka bottle against my house. My ex had that thing where she bruised easily and she had some bruises on her wrists from me trying to restrain her. I looked like i had walked through the tiger cage and was bleeding from several scratches but of course that didnt matter any. Oh, and i was in boxers because i was sleeping when they randomly showed up and they were in party dresses after being out all night. Anyway, it was dismissed but long story short, i get denied every time too then have to file an appeal which i win. It also took me awhile to get my CCW permit.
    Aquire a UPIN (Unique Personal Identification Number) from NICS/FBI and this will prevent any future denials/delays when purchasing a firearm.

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    Quote Originally Posted by mark-in-texas View Post
    How long has it been between your last approved purchase and this denial? Something my have changed since then in what's in NICS system. Identity theaft with felony charges by someone using your SSN or name? A dealer I used to know back in the early days when the Brady waiting period was in effect got a call from US Marshal's that a purchaser he had submitted was wanted for Felony Escape in Nebraska! Turns out the guy had lost his wallet while visiting there and some low life passed himself off as him. Or something like my dad's a Junior, and kept getting delayed for a couple years after Senior died.
    I bought a 17 HRM rifle 11 days before this, about 3 months prior I bought a .223 for yote hunting.

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    Quote Originally Posted by oc freedom View Post
    aquire a upin (unique personal identification number) from nics/fbi and this will may help to prevent any future denials/delays when purchasing a firearm.
    The edit above shows a more realistic outcome.
    Last edited by notalawyer; 04-24-2014 at 05:08 PM.

  11. #11
    Regular Member OC Freedom's Avatar
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    Quote Originally Posted by notalawyer View Post
    The edit above shows a more realistic outcome.
    I disagree. When you aquire a UPIN at the same time you appeal the denial and provide the documents showing why you were wrongfully denied it will become a permanant record attached to your UPIN. This way the next time you make a purchase, NICS will see that you resolved the original issue and as long nothing new has been placed on your record since the date of recieving your UPIN all is well. By having a UPIN you are agreeing to allow NICS to keep your records beyond the 24 hour period, to prevent denials/delays.

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    Quote Originally Posted by OC Freedom View Post
    I disagree. When you aquire a UPIN at the same time you appeal the denial and provide the documents showing why you were wrongfully denied it will become a permanant record attached to your UPIN. This way the next time you make a purchase, NICS will see that you resolved the original issue and as long nothing new has been placed on your record since the date of recieving your UPIN all is well. By having a UPIN you are agreeing to allow NICS to keep your records beyond the 24 hour period, to prevent denials/delays.
    Not everyone is delayed/denied each time for the same reason, that's why I put "May". It is not a guarantee.

    Once I get my UPIN, does that mean I will never be delayed or denied a firearm purchase again?
    Entry into the VAF will not automatically result in a proceed response on subsequent firearm purchases. A complete NICS check is still required and will result in a denial or delay if additional prohibitive or potentially prohibitive information is discovered.
    http://www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/nics-appeal-frequently-asked-questions

  13. #13
    Regular Member Kopis's Avatar
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    Well, luckily i live in AR where all i have to do is show my CCW permit and DL when i purchase a rifle or pistol here. If i buy a rifle in TN, then i have to get the NCIS check which is a pain. I just have them shipped to my FFL in AR now. It's much easier.

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    Just thought I would provide an update. I followed the appeal process and all clear. I am now the proud open carry owner of a M&P Shield.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Shooter23 View Post
    Just thought I would provide an update. I followed the appeal process and all clear. I am now the proud open carry owner of a M&P Shield.
    Excellent, but what was the problem??

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    Quote Originally Posted by BB62 View Post
    Excellent, but what was the problem??
    They said it was the impersonating a police officer charge, it was never removed from my record so they had to go back and make sure it wouldn't count against me.

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    I work for the bra-patrol .... checking for illegal bras ... you'll have to come with me ma'am.

    Worked 1 out a million times -- well worth the effort.

    Enjoy your gun OP...

  18. #18
    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Shooter23 View Post
    They said it was the impersonating a police officer charge, it was never removed from my record so they had to go back and make sure it wouldn't count against me.
    You should make sure that it does get removed, because it may come up again in some other circumstance.

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    Quote Originally Posted by BB62 View Post
    You should make sure that it does get removed, because it may come up again in some other circumstance.
    You bet I am! Already got a wonderful lawyer who is ensuring everything is taken care of.

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