NICS denial NO RECORD EVER

paco 0727 · Apr 12, 2016

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

color of law · Apr 12, 2016

The FFL should have told you how to appeal that denial decision.

https://www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/appeals-process

solus · Apr 12, 2016

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/n...-nics-background-checks-are-denied-or-delayed

delay: https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/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

Grapeshot · Apr 12, 2016

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.

WalkingWolf · Apr 12, 2016

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.

The Truth · Apr 12, 2016

WalkingWolf said:
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.

paco 0727 · Apr 12, 2016

appeal on NICS denial

color of law said:
The FFL should have told you how to appeal that denial decision.

https://www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/appeals-process

it appears our leaders have suspended this process
one may appeal all they want, unless you know someone appeals are being ignored currently

paco 0727 · Apr 12, 2016

appeals

color of law said:
The FFL should have told you how to appeal that denial decision.

https://www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/appeals-process

yeh FFL reiterated what i already found out
that appeals are being ignored

paco 0727 · Apr 12, 2016

Op ?

grapeshot said:
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 ???

solus · Apr 12, 2016

paco 0727 said:
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/nics/appeals/nics-appeals-process/appeals-home

solus · Apr 12, 2016

NavyLCDR said:
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/nics/appeals/nics-appeals-process/appeals-home

Grapeshot · Apr 12, 2016

paco 0727 said:
op ???

OP = Original Poster of a thread, post #1 thereon....in this case, you.

paco 0727 · Apr 12, 2016

WalkingWolf said:
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

paco 0727 · Apr 12, 2016

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

WalkingWolf · Apr 13, 2016

paco 0727 said:
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.

solus · Apr 13, 2016

paco 0727 said:
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

MSG Laigaie · Apr 13, 2016

WalkingWolf said:
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.

solus · Apr 13, 2016

paco 0727 said:
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

paco 0727 · Apr 13, 2016

yes was deny

MSG Laigaie said:
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

Freedom1Man · Apr 13, 2016

paco 0727 said:
Deny

Who did you upset?

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NICS denial NO RECORD EVER

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