MendonCyclesmith
Newbie
Hey all, I appreciate any input, I may be new here, but am a long time forum user in other areas of life, so hopefully, you'll find me articulate, polite, and reasonable!
This is kinda long, sorry, but the devil is in the details, so please, read if you're curious, or have a good understanding of NICS Denial appeal process, thanks!
I'm in New York. I applied for, and received my concealed carry permit about 2 years ago.
My understanding is that the bar here is pretty high, and I had to jump through all sorts of hoops to get it, but I did.
When I was 18 (1988), I was arrested at the Canadian border, coming back into the US, and had a very small amount of pot and hash, on me. Less than 1 gram total.
My car was confiscated (never got it back) I was charged with two misdemeanors (one for each substance), paid a fine, and waited in jail to be picked up by some friends. No jail time associated with my arrest/conviction.
The records were pre computer, so during my CCW background check, I had to chase it all down myself, pay to have copies made and mailed to me, and handed it personally to the officer investigating, I was honest about it having happened, otherwise, it's unlikely it would have turned up at all, being so minor, and so old. I was questioned heavily, by officer, officers boss, and judge, and subsequently given my CCW.
I then picked up the Ruger .380 LCP I'd pre-purchased to help support the validity of my request for a CCW . I was delayed by NICS till the end of the waiting period, then the gun was released to me.
A year later, I purchased a Glock Gen 4 .45. A repeat of the above happened, and I was given the gun after 7 days.
This Spring, I purchased online, a Henry Big Boy, .44 Mag, lever action, brass, octagonal barrel, gorgeous.
Had it shipped to a local FFL holder, who did the NICS check.
Surprise, delayed, I was getting used to this. I'd been told each previous time that because my name is Craig Smith, that it was likely the issue, so I just happily waited it out.
Got a call on the last day, I got denied. Very surprised, because A: I have my CCW and just passed muster, and B: in all honesty, other than this very minor drug charge from SO long ago, I am totally legal to own a gun. Any way I look at the NICS list for denial reasons, none fit me whatsoever.
So I went through the appeals process, submitted finger prints (despite just having been printed for my CCW), sent it all in, and waited. That was in early June of this year. I also concurrently applied for my VAL (used to be UPIN) so once cleared, this won't happen anymore.
Now nearly Thanksgiving, I was curious, so I sent an email after fruitless phone calls, and heard back that they handled appeals in the order received, and they were currently working on appeals received in August of 2015.
So, with added load going forward, I estimate I will be getting looked at, around 2021. Sorry, but I have to say, WTF? :banghead:
I'm hopefully understandably irritated now (more than before, really) and I've started asking more questions. I can't seem to get any answers though.
A local 2A lawyer begged off, saying she was too focused on Safe Act stuff to take my questions. Sent me to someone else, spoke with their assistant, a week later, nothing.
A buddy gave me an interesting tidbit, that might allow me to at least possess the Henry, and get my local FFL off the hook from hanging onto it for me for several years. My son has purchased several guns, and has no NICS drama whatsoever (uncommon first name I guess?). I can transfer it to him, legally, without much hassle, and get it home. I asked the FFL about it, they were fine with the idea, and agreed that internal family transfers are easy, smooth and legal, but agreed also, that we need to make 100% sure that this firearms serial # and info being associated with a NICS Denial, doesn't impinge on the legality of an internal family transfer.
So, my questions are these.
- Does anyone know if this gun can be transferred to a family member legally while it's under NICS scrutiny?
- Is there any sort of way (not unlike expediting a passport) that I can expedite this appeal process (particularly if the answer to the above question is don't do it)? Heck, if it's a matter of several hundred dollars and it gets done in a few weeks or months, I'd be elated.
- I'm curious if my drug arrest (particularly the hash which is considered a "concentrated form" under federal law) is somehow at the root of all this crap? I am 100% sure there is nothing else, (and wouldn't my CCW background check have ALREADY turned that up?) so the only alternative is my name being common, and my records have been crossed up with someone of same name, but with a not so clean background.
Thanks, hoping someone here has a better understanding of this whole thing, information is like blood from a stone it seems....
Edit: oh, forgot to add this. I was just told that as someone who's bee denied by NICS, that legally, I cannot own ANY firearms now? Does this mean I have to surrender my legally owned guns, or will they just show up and confiscate them? I find that hard to believe, but as I said, info is so hard to get on this stuff!
This is kinda long, sorry, but the devil is in the details, so please, read if you're curious, or have a good understanding of NICS Denial appeal process, thanks!
I'm in New York. I applied for, and received my concealed carry permit about 2 years ago.
My understanding is that the bar here is pretty high, and I had to jump through all sorts of hoops to get it, but I did.
When I was 18 (1988), I was arrested at the Canadian border, coming back into the US, and had a very small amount of pot and hash, on me. Less than 1 gram total.
My car was confiscated (never got it back) I was charged with two misdemeanors (one for each substance), paid a fine, and waited in jail to be picked up by some friends. No jail time associated with my arrest/conviction.
The records were pre computer, so during my CCW background check, I had to chase it all down myself, pay to have copies made and mailed to me, and handed it personally to the officer investigating, I was honest about it having happened, otherwise, it's unlikely it would have turned up at all, being so minor, and so old. I was questioned heavily, by officer, officers boss, and judge, and subsequently given my CCW.
I then picked up the Ruger .380 LCP I'd pre-purchased to help support the validity of my request for a CCW . I was delayed by NICS till the end of the waiting period, then the gun was released to me.
A year later, I purchased a Glock Gen 4 .45. A repeat of the above happened, and I was given the gun after 7 days.
This Spring, I purchased online, a Henry Big Boy, .44 Mag, lever action, brass, octagonal barrel, gorgeous.
Had it shipped to a local FFL holder, who did the NICS check.
Surprise, delayed, I was getting used to this. I'd been told each previous time that because my name is Craig Smith, that it was likely the issue, so I just happily waited it out.
Got a call on the last day, I got denied. Very surprised, because A: I have my CCW and just passed muster, and B: in all honesty, other than this very minor drug charge from SO long ago, I am totally legal to own a gun. Any way I look at the NICS list for denial reasons, none fit me whatsoever.
So I went through the appeals process, submitted finger prints (despite just having been printed for my CCW), sent it all in, and waited. That was in early June of this year. I also concurrently applied for my VAL (used to be UPIN) so once cleared, this won't happen anymore.
Now nearly Thanksgiving, I was curious, so I sent an email after fruitless phone calls, and heard back that they handled appeals in the order received, and they were currently working on appeals received in August of 2015.
So, with added load going forward, I estimate I will be getting looked at, around 2021. Sorry, but I have to say, WTF? :banghead:
I'm hopefully understandably irritated now (more than before, really) and I've started asking more questions. I can't seem to get any answers though.
A local 2A lawyer begged off, saying she was too focused on Safe Act stuff to take my questions. Sent me to someone else, spoke with their assistant, a week later, nothing.
A buddy gave me an interesting tidbit, that might allow me to at least possess the Henry, and get my local FFL off the hook from hanging onto it for me for several years. My son has purchased several guns, and has no NICS drama whatsoever (uncommon first name I guess?). I can transfer it to him, legally, without much hassle, and get it home. I asked the FFL about it, they were fine with the idea, and agreed that internal family transfers are easy, smooth and legal, but agreed also, that we need to make 100% sure that this firearms serial # and info being associated with a NICS Denial, doesn't impinge on the legality of an internal family transfer.
So, my questions are these.
- Does anyone know if this gun can be transferred to a family member legally while it's under NICS scrutiny?
- Is there any sort of way (not unlike expediting a passport) that I can expedite this appeal process (particularly if the answer to the above question is don't do it)? Heck, if it's a matter of several hundred dollars and it gets done in a few weeks or months, I'd be elated.
- I'm curious if my drug arrest (particularly the hash which is considered a "concentrated form" under federal law) is somehow at the root of all this crap? I am 100% sure there is nothing else, (and wouldn't my CCW background check have ALREADY turned that up?) so the only alternative is my name being common, and my records have been crossed up with someone of same name, but with a not so clean background.
Thanks, hoping someone here has a better understanding of this whole thing, information is like blood from a stone it seems....
Edit: oh, forgot to add this. I was just told that as someone who's bee denied by NICS, that legally, I cannot own ANY firearms now? Does this mean I have to surrender my legally owned guns, or will they just show up and confiscate them? I find that hard to believe, but as I said, info is so hard to get on this stuff!
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