purchase denial in another state

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woodsy
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purchase denial in another state

Post by woodsy »

Hello, sorry if this in the wrong section, but after searching, I couldn't find a similar topic. I had relief from disability granted to me a couple years ago, and I have purchased a few rifles and handguns no problem, with the exception of a couple delays.

My problem is I was denied a purchase in West Virginia. Of course they couldn't tell me the reason. I just wanted to know that Relief from Disability granted in Ohio is good in every state, correct? If any one could confirm this or add info, it would be greatly appreciated! Thanks for your time, Woodsy
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JediSkipdogg
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Re: purchase denial in another state

Post by JediSkipdogg »

They didn't tell you why? I thought they had to.

I would think the relief is good anywhere but I'm not sure how it shows up on one's record. Does the original record still exist somewhere? I'd love to help, but I have no idea how this part of the process would work.
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woodsy
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Re: purchase denial in another state

Post by woodsy »

No, they didn't tell me, nor did the NICS person. Its not legal to give the details over the phone is what he old me. The judge had that copy of the judgement sent to all the 3-4 letter agencies relevant. So, I am stuck until I file the appeal and find out why or what. triggered it. heck I just bought a vepr last week!
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Re: purchase denial in another state

Post by DontTreadOnMe »

Were you purchasing a handgun? You're not allowed to directly purchase handguns out of state.

Were you purchasing a long gun? If so does West Virginia allow for the purchase of long guns from out of state residents?
woodsy
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Re: purchase denial in another state

Post by woodsy »

The long gun in question is not the problem according the little info I was able to obtain. Something to do with me triggered the denial. So, now I won't know why exactly, until my appeal is heard. Like I said I had just bought a vepr online and had shipped to my FFL last week, and no I've never even got as much as a speeding ticket etc in either Ohio or west Virginia. Puzzling, that's why I was wondering if this has happened to anyone else before. I'd hate to think they are just doing it to harass me.
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Re: purchase denial in another state

Post by MyWifeSaidYes »

You can appeal your NICS denial. Sometimes there is a mistake made.

If the NICS appeal doesn't work, apply for a Voluntary Appeals File.

There is a link on this page for Appeals/Voluntary Appeals File

http://www.fbi.gov/about-us/cjis/nics" onclick="window.open(this.href);return false;

You can provide a copy of the court order for your relief of disability with the application. That info will stay available to the NICS examiners. All you'll have to do is enter the UPIN they assign you in box #9 of the 4473.
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woodsy
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Re: purchase denial in another state

Post by woodsy »

I just now filled out the appeal on the FBI website, and attached my court documents. Hopefully, it's not a nightmare..the clerk said he's even seen police officers have to go through it. The NICS gave the clerk a NTN# for me to use on the form..so its in the mail. If's anything off the wall, I will update. Hopefully not. Thanks for the advice and help! Much appreciated! Yes, I will be a UPIN after this!
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Re: purchase denial in another state

Post by MyWifeSaidYes »

Good luck !

Just for clarification...

The NICS appeal is separate from the VAF/UPIN.

The appeal will only apply to the current NTN#. If that is approved and they issue a PROCEED, NICS will delete your info after 24 hours.

Applying for the VAF requires a written application and a fingerprint card, along with a hard copy of your court documents, to be sent into the FBI for processing. That process can take up to 6 months. That's the process in which you would be assigned a UPIN.

As far as the appeal, my little brother filed one and received a PROCEED in under 72 hours. He has NO disqualifiers and had never before gotten a DENY. I have no data to tell if the 72 hours is a typical response time but I've got my fingers crossed for you.
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Re: purchase denial in another state

Post by JediSkipdogg »

MyWifeSaidYes wrote:Good luck !

Just for clarification...

The NICS appeal is separate from the VAF/UPIN.

The appeal will only apply to the current NTN#. If that is approved and they issue a PROCEED, NICS will delete your info after 24 hours.

Applying for the VAF requires a written application and a fingerprint card, along with a hard copy of your court documents, to be sent into the FBI for processing. That process can take up to 6 months. That's the process in which you would be assigned a UPIN.

As far as the appeal, my little brother filed one and received a PROCEED in under 72 hours. He has NO disqualifiers and had never before gotten a DENY. I have no data to tell if the 72 hours is a typical response time but I've got my fingers crossed for you.

72 hours is the max time they have then it's up to the FFL to proceed or not. They are suppose to treat no response as a proceed. I've received the NICS faxes at work before. If I get it, I respond ASAP. But I've also arrived at work and seen pages upon pages in the fax machine and a NICS check is one of them. So it's really up to how fast the agency that holds the records takes to verify said records. Generally we just fax a copy of the report back and let the NICS examiner make their own interpretation of our record.
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Re: purchase denial in another state

Post by xxxamishxxx »

DontTreadOnMe wrote:Were you purchasing a handgun? You're not allowed to directly purchase handguns out of state.

Were you purchasing a long gun? If so does West Virginia allow for the purchase of long guns from out of state residents?

Since when? I used to buy guns from cabelas in Wheeling WV and had shipped to local FFL. So did you mean you cant take access right away from out of state dealer..
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Re: purchase denial in another state

Post by WY_Not »

Correct. You can have them shipped to your local FFL. You just can't take immediate access of them at the out of state FFL. Heck PA is even so PITA that they refuse to sell long guns direct if they have a pistol grip. Or at least the one shop was.
xxxamishxxx wrote:Since when? I used to buy guns from cabelas in Wheeling WV and had shipped to local FFL. So did you mean you cant take access right away from out of state dealer..
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Re: purchase denial in another state

Post by woodsy »

Thanks for the support, Mywifesaidyes. The proceed after 72 hours is good for a delay, but not for a denial. I'm not sure what agency in WV takes care of the NICS, or if it's always the FBI, but maybe they didn't have my corrected info, who knows. Everything is good on my end, so hopefully this gets resolved quickly.
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Re: purchase denial in another state

Post by MyWifeSaidYes »

woodsy wrote:Thanks for the support, Mywifesaidyes. The proceed after 72 hours is good for a delay, but not for a denial...
You misunderstand. This was not a 3-day automatic 'Proceed'.

In this case, there was a DENY, then there was my brother cussing, spitting, fuming and calling Vance Outdoors every name in the book (and some that aren't) and vowing to never darken their gun counter again.

Then there was me telling him to appeal.

He filed his appeal on-line on a Monday evening. He received a form in the mail on Saturday stating that his appeal was approved. He took that form to the store on Sunday, filled out another 4473 using info from that form and received a 'Proceed'.

The 72 hour response time he told me about stems from the Thursday postmark on the envelope in which he received his response. Three days for the FBI to process his appeal AND two days in the mail.
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