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Thread: NICS denial NO RECORD EVER

  1. #1
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    NICS denial NO RECORD EVER

    I joined this forum looking for info
    my FFL recommended this
    Thank you in advance for any info
    i was denied a buy last night and this has never happened to me before
    I have no record which could cause this
    briefly
    i have no record other than traffic violations, none within 5 years (no none were felony speeding)
    i have background check yearly to maintain security clearance for security company I have owned for 19 years
    only event since last time was suspension of az driver license when renewal showed 25 year old warrant for traffic violation in MA
    AZ judge overturned suspension MA dropped the charge for violation and cleared warrant

    Thank you any advice appreciated

  2. #2
    Accomplished Advocate color of law's Avatar
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    The FFL should have told you how to appeal that denial decision.

    https://www.fbi.gov/about-us/cjis/ni...ppeals-process
    Last edited by color of law; 04-12-2016 at 10:06 AM. Reason: added

  3. #3
    Regular Member solus's Avatar
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    first welcome to the forum

    two, kudos to your ffl who has common sense

    third, denial or delay? bkgnd: https://www.fbi.gov/about-us/cjis/ni...ied-or-delayed

    delay: https://www.fbi.gov/about-us/cjis/ni...s/a-nics-delay

    denial: Color of Law has provided you the appeals cite

    fyi, i have been told the antiquated (read in transition being upgraded) NICS has been experiencing intermittent 'outages' so put that in the back of your mind as well

    please contact the FFL and get the NICS transaction number for your appeal form: https://forms.fbi.gov/nics-appeal-request-form

    best of luck

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

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    Moderator / Administrator Grapeshot's Avatar
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    Moved this to the General Discussion sub-forum. It is not Forum Rules related.

    Welcome and best wishes to the OP. Trust he will be following up on this.
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    Regular Member WalkingWolf's Avatar
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    Delays are common, denials there is some issue, appeal to find out what the issue is. I suspect your warrant is still in the system, this happens a lot, records are clean but prior NCIS entries have not been removed. If your warrant is still in the system no matter how old, you would still be considered a fugitive from justice, and not eligible to possess a firearm.

    Keep in mind this is only a glitch if that is the case, and you are probably do not have to worry about arrest. Though what could happen, and has in the past, if you get your information run through as part of police inquiry you could end up temporarily detained.
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    Regular Member The Truth's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Delays are common, denials there is some issue, appeal to find out what the issue is. I suspect your warrant is still in the system, this happens a lot, records are clean but prior NCIS entries have not been removed. If your warrant is still in the system no matter how old, you would still be considered a fugitive from justice, and not eligible to possess a firearm.

    Keep in mind this is only a glitch if that is the case, and you are probably do not have to worry about arrest. Though what could happen, and has in the past, if you get your information run through as part of police inquiry you could end up temporarily detained.
    Could be as simple as calling your local state police and informing a clerk of the mistake. Sometimes clerks can expedite the process for you. I was on delay for an entire week in Virginia and a phone call to the clerk got me my weapon within 3 hours.
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    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
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    appeal on NICS denial

    Quote Originally Posted by color of law View Post
    The FFL should have told you how to appeal that denial decision.

    https://www.fbi.gov/about-us/cjis/ni...ppeals-process
    it appears our leaders have suspended this process
    one may appeal all they want, unless you know someone appeals are being ignored currently

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    appeals

    Quote Originally Posted by color of law View Post
    The FFL should have told you how to appeal that denial decision.

    https://www.fbi.gov/about-us/cjis/ni...ppeals-process
    yeh FFL reiterated what i already found out
    that appeals are being ignored

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    Op ?

    Quote Originally Posted by grapeshot View Post
    moved this to the general discussion sub-forum. It is not forum rules related.

    Welcome and best wishes to the op. Trust he will be following up on this.
    op ???

  10. #10
    Regular Member solus's Avatar
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    Quote Originally Posted by paco 0727 View Post
    it appears our leaders have suspended this process
    one may appeal all they want, unless you know someone appeals are being ignored currently
    as you are new, i shall kindly point out when you make statements as you have just made...you must, by forum policy (read rules) mandates viable cites be provided so the august members might review to assist in an interpretation or seek other alternate information in lieu of misinformation being spread on this public forum.

    ipse

    added...quote: he NICS Section’s Appeal Services Team is currently processing appeal cases received in June 2015 and Voluntary Appeal File (VAF) cases received in January 2015. unquote.

    this is from an undated FBI site @ https://www.fbi.gov/about-us/cjis/ni...s/appeals-home
    Last edited by solus; 04-12-2016 at 08:50 PM. Reason: added fbi cite
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

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    Regular Member solus's Avatar
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    Quote Originally Posted by NavyLCDR View Post
    And, therefore, you would be required to provide a viable cite to your statement? Which I would like to see.
    I'm not seeing any rule of law that was stated.
    well commander, if the FBI ceased processing appeals as mandated by USC, and stated by the OP does that count ?

    (to assure i still meet the spirit and intent of forum rules, quote: The regulations in this subpart are issued pursuant to section 103(h) of the Brady Act, 107 Stat. 1542 (18 U.S.C. 922 note), and include requirements to ensure the privacy and security of the NICS and appeals procedures for persons who have been denied the right to obtain a firearm as a result of a NICS background check performed by the Federal Bureau of Investigation (FBI) or a state or local lawenforcement agency) unquote

    just saying...

    commander, that out of your system...

    ipse

    added...my statement from the fbi: https://www.fbi.gov/about-us/cjis/ni...s/appeals-home
    Last edited by solus; 04-12-2016 at 09:05 PM. Reason: minor edit
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by paco 0727 View Post
    op ???
    OP = Original Poster of a thread, post #1 thereon....in this case, you.
    Last edited by Grapeshot; 04-12-2016 at 10:03 PM. Reason: added
    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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    Quote Originally Posted by WalkingWolf View Post
    Delays are common, denials there is some issue, appeal to find out what the issue is. I suspect your warrant is still in the system, this happens a lot, records are clean but prior NCIS entries have not been removed. If your warrant is still in the system no matter how old, you would still be considered a fugitive from justice, and not eligible to possess a firearm.

    Keep in mind this is only a glitch if that is the case, and you are probably do not have to worry about arrest. Though what could happen, and has in the past, if you get your information run through as part of police inquiry you could end up temporarily detained.
    actually I am run through every year for my security business license and that has been done after warrant was cleared

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    Thank you from Paco

    thanks for the input
    and sorry bout making statements without a source
    BTW the warrant i spoke of (traffic violation) never showed in any checks in last 25years
    the only difference on 4473 was last time i used my military id and real estate tax bill to show address (don't get mail at residence)
    this time i used driver lic and voter id card to show address
    in MA i always used driver lic and also had carry permit

    i will assume this is a screw up and file appeal
    but try again in 30 days and see what happens

    Once again Thank You

    i will spend some time here seems to be lots of good info

  15. #15
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by paco 0727 View Post
    actually I am run through every year for my security business license and that has been done after warrant was cleared
    But it still may be in another database, county, state, or federal. There are actually two federal databases. As I already noted, delays are common, denials there usually is a reason for the glitch. The warrant needs to be expunged completely, this has come up before.
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  16. #16
    Regular Member solus's Avatar
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    Quote Originally Posted by paco 0727 View Post
    thanks for the input
    and sorry bout making statements without a source
    BTW the warrant i spoke of (traffic violation) never showed in any checks in last 25years
    the only difference on 4473 was last time i used my military id and real estate tax bill to show address (don't get mail at residence)
    this time i used driver lic and voter id card to show address
    in MA i always used driver lic and also had carry permit

    i will assume this is a screw up and file appeal
    but try again in 30 days and see what happens

    Once again Thank You

    i will spend some time here seems to be lots of good info

    might i inquire length of time from between firearm purchases using your mil id & RE tax bill and DL & voter id also was this done at the same FFL location?

    if not at the same FFL how they input the information into the system could be a factor as well as different doc could account for the NICS' confusion factor...

    and put this information on the appeals form as there may be a glitch in their software

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  17. #17
    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Delays are common, denials there is some issue,.
    Welcome to OCDO Paco, enjoy your time here.

    Has it been stated yet that this was a delay or deny?? I am delayed on every transaction and when the rare occasion occurs that I am not, I am pleasantly surprised. Delays are an inconvenience as there are just not enough people actually running the nics. I have never been denied so no experience there.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  18. #18
    Regular Member solus's Avatar
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    Quote Originally Posted by paco 0727 View Post
    actually I am run through every year for my security business license and that has been done after warrant was cleared
    while not knowing the particulars re your security enterprise, it would be a local, e.g., up through the state, check to assure you are not a DV perp, etc.

    brings up a thought which not covered...any documented DV issues which hits NICS via a different source.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    yes was deny

    Quote Originally Posted by MSG Laigaie View Post
    Welcome to OCDO Paco, enjoy your time here.

    Has it been stated yet that this was a delay or deny?? I am delayed on every transaction and when the rare occasion occurs that I am not, I am pleasantly surprised. Delays are an inconvenience as there are just not enough people actually running the nics. I have never been denied so no experience there.
    Deny

  20. #20
    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by paco 0727 View Post
    Deny
    Who did you upset?

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