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Thread: Denied purchase of new firearm - Brady Law

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    Denied purchase of new firearm - Brady Law

    Today I went to purchase a new handgun. I was completly caught off guard when I was told by the dealer that I had been denied approval. He stated that they do not give any reasons of the denial only that if I am denied from the Brady Law I should not posses any firearm until the issue is straightened out. Let give some background. I have never been convicted of ANY crime. I have a perfect record. I have never even received a traffic ticket (knock on wood.) I even have a license to carry in my state which is the same state I was attempting to make the purchase. What could be the reason that I was denied? I am a legal resident, never convicted of a crime, never dishonorably discharged, never used drugs, never had a restraining order, and never been mentally unstable. I have filled out the appeal form online and submitted it on the FBI website. I am hoping to get this issue corrected soon since the gun that I was wanting to purchase is only on sale for the next week.

    Also, was the dealer correct when he told me that I can not have a firearm in my possession since I have been denied by the Brady Law even though I am licensed to carry?

    Thanks for all the anticipated help. This is my first post to the forum.

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    Welcome!

    Quote Originally Posted by jmgray4 View Post
    Today I went to purchase a new handgun. I was completly caught off guard when I was told by the dealer that I had been denied approval. He stated that they do not give any reasons of the denial only that if I am denied from the Brady Law I should not posses any firearm until the issue is straightened out. Let give some background. I have never been convicted of ANY crime. I have a perfect record. I have never even received a traffic ticket (knock on wood.) I even have a license to carry in my state which is the same state I was attempting to make the purchase. What could be the reason that I was denied?
    could be a mistake. your name might have been flagged because it's the same as someone who was arbitrarily deemed a "prohibited person" and barred from purchasing firearms.

    I am a legal resident, never convicted of a crime, never dishonorably discharged, never used drugs, never had a restraining order, and never been mentally unstable. I have filled out the appeal form online and submitted it on the FBI website. I am hoping to get this issue corrected soon since the gun that I was wanting to purchase is only on sale for the next week.

    Also, was the dealer correct when he told me that I can not have a firearm in my possession since I have been denied by the Brady Law even though I am licensed to carry?

    Thanks for all the anticipated help. This is my first post to the forum.
    The dealer was just blowing smoke. NICS purchase denial is not tied to any law that prohibits you from possessing a firearm. It only relates to purchases.

    The law relating to possession:

    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    (2) who is a fugitive from justice;
    (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
    (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
    (5) who, being an alien—
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
    (6) who has been discharged from the Armed Forces under dishonorable conditions;
    (7) who, having been a citizen of the United States, has renounced his citizenship;
    (8) who is subject to a court order that—
    (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
    (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
    (C)
    (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
    (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
    (9) who has been convicted in any court of a misdemeanor crime of domestic violence,
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

    Says nothing about passing/failing a NICS check. If none of those apply to you, then you can disregard his comments.


    I hope the appeal gets things cleared up for you. If not, there's a popular lawyer in Carmel that specializes in 2nd Amendment stuff.

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    I think that the FFL was just giving him some advice about his possession of guns.

    As to the denial ... could be many reasons, all screw ups of course, if you are not a prohibited person.

    You seem to be doing what is needed for the immediate need.

    Now get on your phone to your local legislators and ask them to repeal any state background check requirements or to institute any with your federal reps.

    Your plight is one reason why I do not support BR checks.

    Good luck, post back !

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    Campaign Veteran skidmark's Avatar
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    Welcome to OCDO.

    See the section on NICS Denial Appeals at http://www.fbi.gov/about-us/cjis/nic...ion/fact-sheet

    It could be as simple as your name being shared with some criminal (It's not John Dilinger, is it?) or as sinister as someone having stolen your identity and done horrible stuff while pretending to be you. The only way to find out is to appeal the decision.

    I think a lot of folks would appreciate it if you came back after getting things cleared up and explaining as much as you feel comfortable in sharing.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    I don't know Indiana law but my first thought is why buy from a dealer in the first place? Stick to private sales and you bypass all that junk. You can't be denied because you didnt ask and don't have to. Of course there may be illegal infringements in your state
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Why do I bother answering here?

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    Regular Member Phoenix David's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    I don't know Indiana law but my first thought is why buy from a dealer in the first place? Stick to private sales and you bypass all that junk. You can't be denied because you didnt ask and don't have to. Of course there may be illegal infringements in your state
    It can be hard to buy something brand new from a private party, or if you want something very specific and don't want to have to spend hours on Backpage or newspaper ads or risk getting murdered or robbed during a face to face transaction with an unknown party, or risk buying a stolen firearm, or a damaged or unsafe firearm.
    Freedom is a bit like sex, when your getting it you take it for granted, when you're not you want it bad, other people get mad at you for having it and others want to take it away from you so only they have it.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by cce1302 View Post
    Why do I bother answering here?
    Because you care?

    Because you like feeling like chopped liver? (I know I do.)

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Quote Originally Posted by cce1302 View Post
    Why do I bother answering here?
    The power of Christ compels you ?

    I didn't see anything to cause issue, a good post.
    Last edited by davidmcbeth; 01-02-2015 at 11:11 PM.

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