NICS Deny

[Raxx050]

About 20 months ago I got a "deny" through the NICS system when attempting to purchase a firearm. The cryptic reason was someone with a similar name had a flag or whatever. Now mind you I don't have so much as a parking ticket on my record and I turn 60 this year. No record whatsoever.

I sent in 2 sets of fingerprints and my appeals form and an application for a UPIN. Here we are almost two years later and haven't heard a word back. There's no one in DC to speak to so here I sit in a limbo state awaiting a decision on this mess. In the meantime I assume I can't attempt to buy another gun. I already own a couple of guns and carry licenses in 34 states.

Anyone know of some recourse to expedite this situation to a resolution? The NRA? Local gun orgs? IDK It's so frustrating.

 

[Drix]

Locally? Comm2a, but honestly, after talking with Comm2 I'd just try buying another gun. If the feds show up I'd be the first one to be like "hey guys, I did this shit 2 ****ing years ago, so while you're here..."

As a word to the wise though, this is really bad advice, and you should definitely at least talk to comm2

 

[76Too]

if it were ME, i would go try to buy another gun. there's ZERO reason a UPIN should take that long to process.

don't take what I would do as what YOU should do though.

 

[CrackPot]

There is no reason you should not try again

 

[92G]

get an attorney with experience in firearms law

 

[Asaltweapon]

Call the folks at BATFE. A friend went thru the UPIN process and they were very nice to talk to he said. Had his in no time.

 

[42!]

I am in no way qualified to offer any advice on this....so here we go

It's been so long that it probably got lost in the system. Try to buy another gun, it'll either work or you'll have a more current denial to work with. Start the appeal and upin process, do NOT let it sit, call every few weeks to check the status and/or see what you need to do next.

Sometime things just get lost.

 

[JAD]

Attorney Steve Stamboulieh (from Mississippi) successfully represented a client from Ohio in a federal lawsuit related to a NICS denial and unanswered appeals.

http://www.sdslaw.us/practice_areas

http://www.guns.com/2016/07/22/man-refused-gun-sale-by-fbi-swiftly-vindicated-after-suit-filed/

 

[MGnoob]

Just buy another gun from a real gunstore, not walmart , not dicks, not cabelas.

Everyone always says get a UPIN, how did that workout for you again? Don't worry even if you received one its unlikely it would make a difference.

 

[noxin]

About 20 months ago I got a "deny" through the NICS system when attempting to purchase a firearm. The cryptic reason was someone with a similar name had a flag or whatever. Now mind you I don't have so much as a parking ticket on my record and I turn 60 this year. No record whatsoever.

Who told you the reason? The Agent on the phone doesn't have access to that information, The Computer doesn't provide that information. Unless you spoke to someone at BATFE or the FBI, there's no way to know for sure what the reason was.

Go to your local friendly gun shop and try to buy another firearm. I'm torn on whether or not you should mention the previous denial as some FFLs won't want to submit the NICS check, others would appreciate the heads up and not be surprised.

Just buy another gun from a real gunstore, not walmart , not dicks, not cabelas.

You hating on big box stores in general or do you think they have something that makes them less of an FFL as the guy on the corner?

 

[MGnoob]

Chain stores have a policy not to sell a gun until approved where a real gun store proceeds after 3 days.
Youll see many threads where people claim to be denied when in reality they aren't.

 

[noxin]

There's also threads about non box stores that do the same shit. Let's go on good faith that he was actually denied and not screw by corporate policy.

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[Garys]

Not every LGS will go ahead with the sale after three days. I seem to remember reading threads here where that happened.

Chain stores have a policy not to sell a gun until approved where a real gun store proceeds after 3 days.
Youll see many threads where people claim to be denied when in reality they aren't.

 

[Odyssey Arms]

Weird. It can take them a long time to issue a UPIN, but two years is egregious. I have a customer who has been waiting for over a year, yet another got his in less than a two months. No rhyme or reason!

 

[GeorgeMason]

Chain stores have a policy not to sell a gun until approved where a real gun store proceeds after 3 days.
Youll see many threads where people claim to be denied when in reality they aren't.

Cabelas releases after 3 days...

 

[MGnoob]

Not every LGS will go ahead with the sale after three days. I seem to remember reading threads here where that happened.

True, but for us caught up in the system buying from a chain or LGS that has the same policy isnt possible ,so its not that i choose not to buy from them.its their loss. I think i could convince most LGS to proceed. But someone making their first few purchases would have trouble.

- - - Updated - - -

Cabelas releases after 3 days...

Good to know, i didnt mean to falsely accuse them

 

[MGnoob]

Edit.. interestly enough after years of delay, me issue has been resolved. I dont know if i fixed it or someone else died, but i can finally buy a gun and leave with it.

 

[MGnoob]

There's also threads about non box stores that do the same shit. Let's go on good faith that he was actually denied and not screw by corporate policy.

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Normally id agee, but its not the first time we've had a 12 page thread of speculation to be resolve by the op just going somewhere else

 

[42!]

Edit.. interestly enough after years of delay, me issue has been resolved. I dont know if i fixed it or someone else died, but i can finally buy a gun and leave with it.

Are you saying after you posted it was resolved? Could there be a friendly goast watching us.

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[MGnoob]

No, it was a recently development sometime last year.ive had my C&R for 5 years now, and have been submitting lots of NFA paperwork.Somehow whatever my issue was, its been resolved.

The FBI must just be like "oh this guy again" its also possible repeated multiple purchases caused an issue and after 5 years of few multiple purchases im off their radar. Who knows.

 

[Ink]

IF you appealed the denial, and have not received an official judgement on the appeal (It will come on paper with an embossed seal with paperwork for both you and the ffl you received the denial at), then that FFL is not supposed to sell you anything further until they receive that letter from you.

Any other shop is fair play. I have seen denials spawn from unpaid traffic violations. The underlying cause was resolved but people chose not to wait through the lengthy appeal process and just went elsewhere for their guns.

All my customers who applied for upins have success with them. No more delays or denials.

 

[swatgig]

There is no reason you should not try again

I can think of one reason: BATFE will ignore a single denial, but a second one will have them knocking on your door.

I spent a fair part of the day dealing with EXACTLY this issue.

Client received denial at big store. Following advice like the advice given here, he tried again at a small store. Denied again, but shortly received a call from ATF. He called me, and we went to see them together.

Turns out he's a prohibited person, with a recently issued Mass LTC. Someone dropped the ball.

 

[Mattyb]

December will be 2 years waiting for upin. Get delayed EVERY.SINGLE.TIME.


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[CrackPot]

I can think of one reason: BATFE will ignore a single denial, but a second one will have them knocking on your door.

I spent a fair part of the day dealing with EXACTLY this issue.

Client received denial at big store. Following advice like the advice given here, he tried again at a small store. Denied again, but shortly received a call from ATF. He called me, and we went to see them together.

Turns out he's a prohibited person, with a recently issued Mass LTC. Someone dropped the ball.

Getting the ATF attention would be a good thing since they are ignoring the OP. He said he was not a PP.

 

[Springfield_trapdoor]

All you have to do is call the FBI NICS and select the option saying you're a dealer and then you can talk to the agents otherwise as a civilian it just locks you out and gives you no option

 

[noxin]

All you have to do is call the FBI NICS and select the option saying you're a dealer and then you can talk to the agents otherwise as a civilian it just locks you out and gives you no option

That works until they ask for your ffl number and pass phrase.

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[bostonasphalt2]

True, but for us caught up in the system buying from a chain or LGS that has the same policy isnt possible ,so its not that i choose not to buy from them.its their loss. I think i could convince most LGS to proceed. But someone making their first few purchases would have trouble.

- - - Updated - - -


Good to know, i didnt mean to falsely accuse them

If he was DENIED by NICS, going to a non-big box store wont make a damned nit of difference. If you are DELAYED by NICS, then yeah independent store policy comes i to play. Your comment about going to a non-big box store to buy a gun makes no sense and wont be any different of an outcome.

 

[MGnoob]

If you read the OP he says hes not a PP, so therefore he is free to try and buy a gun as many times as he wants and he may be succesful.
You say my comment makes no sense....well it doesnt.
I received a denial, tried again (at the same store) and walked out with my guns.
Now does what happened make sense....NO. but my comment makes sense.

Have you ever been denied, then tried again?I have....maybe i know what im talking about.

 

[swatgig]

If he was DENIED by NICS, going to a non-big box store wont make a damned nit of difference. If you are DELAYED by NICS, then yeah independent store policy comes i to play. Your comment about going to a non-big box store to buy a gun makes no sense and wont be any different of an outcome.

See post 11 re: big box calling a delay a denial

 

[bostonasphalt2]

If you read the OP he says hes not a PP, so therefore he is free to try and buy a gun as many times as he wants and he may be succesful.

You say my comment makes no sense....well it doesnt.
I received a denial, tried again (at the same store) and walked out with my guns.
Now does what happened make sense....NO. but my comment makes sense.

Have you ever been denied, then tried again?I have....maybe i know what im talking about.

Yes, my comment is directly related to yours about big box stores and "denials". You imply NICS is different from big box stores by suggesting he go somewhere else. Now, as him not being a PP plays in to it, if he is getting denied by, he is free to go and buy as many as he wants, but if he is denied again on a case of mistaken identity (which seems to be what the OP said is whats happening), then having a NICS check at another place will be the SAME check. Changing from box box to non-big box is NOT a guarantee fix for a NICS check denial, as its the same system. Does that make sense to you now?

See post 11 re: big box calling a delay a denial

yes, conflating two issues. The OP said he was DENIED by NICS, not by the store. Im speaking as it applies to the OP, not as it applies to MGNoob's hard-on to take down the big box guys.