Pistol Permit Approved, Long Gun Purchase Denied?

[Dan K]

Hi all. Something odd has happened to me recently, and I’m curious as to what the reason could be as well as what, if anything I can do about it.

Earlier this year I applied for and received, without incident, my NH pistol permit. Since then I have not so much as been pulled over for speeding – the only conversation I’ve even had with any authorities was chatting with a couple LEO’s at the range. However, when I tried to buy a .22 rifle from a local shop recently, I was denied on the NCIS background check. Any ideas?


Thanks,

Dan

 

[MarkM]

Did you supply your social security number for the NICS check? if you didn't you could be being mistaken for someone else.

You need to find out why you were denied (I think this has to be requested in writing and you will need the transaction number they gave the dealer when he called in the NICS check).

Here's how you get the reason for the denial and how to appeal it:

http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm

 

[drgrant]

If it's a constant problem I recommend applying for a VAF UPIN
thing, the feds will give you a number to prevent a false
denial/delay.

If you have no record you're probably just a victim of the terrible,
inaccurate mess that is NICS.

-Mike

 

[Rob Boudrie]

Were you "denied" or "approval delayed"?

 

[Dan K]

Thanks for the replies all.

Mark: Yes, I did supply my SSN on the form. That link you gave me was just what I was looking for, and I thank you much. I'll have to get after that ASAP. While I can of course still have my old guns and buy new ones via private sale, it's really a pain to run into these issues at the gun shop. I was excited about the rifle I tried to purchase, cheap as it was. I'll be on it in the morning.

Mike: Thanks for the tip. I actually do have a smidgen of a record, but nothing that should prohibit me from being able to own or buy a firearm (in NH anyway). Maybe because the dealer is a FFL in both MA & NH, I somehow got put into the MA system? I could see being denied by MA, they're rather picky. What strikes me as odd about this 22 rifle purchase denial is that I got a NH pistol permit a few months ago without issue, and have had no problems since then.

Rob: I was "approval delayed" at first, and then flat-out denied, i.e. "You got denied, come on in and we'll give you your money back".

 

[Dan K]

Having read up on the NICS site, I've discovered a few interesting tidbits. If I'm mistaken, someone please correct me, but it seems the NH requirements to get a pistol permit are more lenient than the NICS requirements to receive a long gun. The catch phrase that has my attention is "(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year". I'm not sure if my record includes anything that fits that bill. I've certainly never spent a year in jail, nor a day for that matter, but I'd be hard pressed to determine maximum possible sentence - I just know what happened to me. Is it possible that the NICS buy-from-FFL requirements are stricter than the NH concealed carry & citizen sale requirements? This would make little sense in a state that allows person to person sales, in my opinion.

Thanks again,

Dan

 

[Rob Boudrie]

I'm not sure if my record includes anything that fits that bill.

You need to find out, as state approval to purchase does not provide you with any immunity from "felon in posession" charges. MA agencies MUST issue an FID 5 years after certain offenses which are federal disqualifiers, and the FID is not a preclusion to federal prosecution under such circumstances.

You could either provide details to get the sense of the hive, or have an office visit with a qualified attorney. Given the stakes if you are indeed a prohibited person, I suggest the later course of action.

 

[Dan K]

Rob,

Thanks for your reply. I am not a felon, and as such have never been convicted of a felony, so I should be clear on that end. Any mistakes in my past are certainly misdemeanors, and there has never been any involved jail time. Still, based on your recommendation and a brief consideration of what's involved here, I think I'll take your second suggestion to heart.

Thanks again,

Dan

 

[Rob Boudrie]

I am not a felon, and as such have never been convicted of a felony

I am confused, since you previously stated that you didn't know if any of your offenses were potentially punishable by more than a year in jail - which is the common federal definition of "felony". Not having done any time is irrelevant if the maximum possible sentence is > 1 year. I'm not sure about the offenses specifically classified as misdemeanors but with > 1 year possible. On the bright side, there are a very few felonies that are not federal disqualifiers (generally anti-competitive practices or restraint of trade - which makes me wonder who was owed a favor when NFA34 was passed).

 

[M1911]

Rob,

Thanks for your reply. I am not a felon, and as such have never been convicted of a felony, so I should be clear on that end. Any mistakes in my past are certainly misdemeanors, and there has never been any involved jail time. Still, based on your recommendation and a brief consideration of what's involved here, I think I'll take your second suggestion to heart.

Careful there. What a state considers to be a felony is often different than what the feds consider to be a felony. Furthermore, the federal yardstick doesn't have anything to do with what you actually were sentenced to, but rather what you could have been sentenced to. Get thee to a good firearms attorney, double-quick.

 

[drgrant]

For starters, get the real info from NICS/FBI to see what the
deal is. If the thing you got convicted of shows up, then it's
not a matter of misidentification.

If you're sure that it's you, then I would suggest trying to see
a firearms law attorney familiar with the laws in your state.

As the others have said, there are MANY misdemeanors which
end up being federal disqualifiers; eg, in MA, for instance, a first
offense DUI after (May of 94? forget the year) becomes a poison
pill for a gun owner because the max sentence can exceed a year
in jail. While almost no DUI convicts ever serve a sentence like
that, just because the way the law is written, you can still end up
getting whacked by it in terms of it being a disabling conviction.
There are probably a lot of other misdemeanors that work this
way as well. It also DOES NOT matter if you've never seen
the inside of a jail cell; the conviction is all it takes.

-Mike

 

[Rob Boudrie]

To put the seriousness of this in perspective - the Feds found the name of a convicted felon in the records at a rental range (I think it was "Boston Gun Range") and prosecuted a federal "felon in possession" charge since he rented a gun for on-premises use. The rental was uneventful and not a prelude to any other crime (unless he was practicing for one to be committed elsewhere). He was convicted and, due to federal sentencing guidelines, got several years.