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Denied purchase of new firearm - Brady Law

jmgray4

Newbie
Joined
Dec 29, 2014
Messages
1
Location
Indiana
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.
 

cce1302

Regular Member
Joined
Aug 8, 2008
Messages
270
Location
South Bend, Indiana, USA
Welcome!

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.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,170
Location
earth's crust
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 !
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
Welcome to OCDO.

See the section on NICS Denial Appeals at http://www.fbi.gov/about-us/cjis/nics/general-information/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.
 

rightwinglibertarian

Regular Member
Joined
Mar 22, 2014
Messages
830
Location
Seattle WA
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
 

Phoenix David

Regular Member
Joined
Sep 8, 2009
Messages
606
Location
Glendale, Arizona, USA
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.
 
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