NICS Denies the Innocent (Appeals take 2+ years!)

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glocksmith
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by glocksmith »

WestonDon wrote:I must be missing something here. Let's see if I have this right. The OP is denied by NICS to purchase a firearm then a week later the SO runs a NICS for the CHL and is approved? So what would happen if the original FFL or even another FFL reran the NICS check?
I believe that the S.O. ran a check through NCIC....which AFAIK is different from, and not NICS. Jedi would be a good one to answer this.

EDIT: Nevermind. I think this answers it https://en.wikipedia.org/wiki/National_ ... eck_System
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by JustaShooter »

The SO does use NICS when performing a background check for a CHL, as of March 23, 2015.
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by JediSkipdogg »

JustaShooter wrote:The SO does use NICS when performing a background check for a CHL, as of March 23, 2015.
Correct. And they are actually run through BOTH NCIC and NICS along with LEADS, NLETS, BCI, FBI databases. Yup, It's a thorough search but like I always tell everyone, the search is only as good as the information entered. And wowzer, there is a ton of bad info entered. I had to correct an error from my department we made in 1992 the other day. Oddly, the guy was able to OBTAIN a CHL but when he went to renew, he was denied. And he claims the same county, so kind of curious how it was missed the first time.
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by SloppySutter »

Update #2 (one month after the initial NICS denial):

So here is my newest update with my situation. I got yet another letter from the FBI regarding my NICS denial. The letter said I needed to update my court documents to show that I was eligible to purchase firearms at the time of purchase in order to have the denial overturned. Makes sense, except... I DON'T HAVE ANY COURT DOCUMENTS, BECAUSE I DIDN'T BREAK THE LAW!! So the final section of the letter says "If you do not believe you are the person discussed here with the prohibiting record, you need to contact the following agency and have them send us personal information regarding this case that would support your identity claim." The "agency" they referred me to was the Superior Court #5 in Noblesville, Indiana. I have never lived in Noblesville, nor have I ever even been to court in Indiana for anything under the sun! So how the hell was I supposed to acquire someone else's court documents for a crime that I had absolutely no hints towards except that it was PROBABLY a felony and were linked to some guy with my same name. Well, I got lucky.

So I call the court clerk in Noblesville and explain the situation. The attendant on the phone was very nice and helpful (a trait that has become quite sparse in most town and city halls). She had to forward me to another department to see if they had ever experienced anything like this (they hadn’t). However, a neat fact was that Superior Court #5 is the court they use in Noblesville for, primarily, traffic related issues. For those of you with a knack for criminal law, you probably already know that it is next to impossible to have a permanent felonious stain on your criminal record for a mere traffic violation… but then they found a guy with a Class D Felony for drugs. His name? Mine (except our middle names were totally different). His race, sex, and weight? White Male, 180 lbs. Eye color? Same as me. Birthdate? I was born in October so mine starts with “10-DD-YYYY”. He was born in January on the same DAY AND YEAR, so his read “01-Same Day-Same Year”. Clearly, I had found my nemesis. My pernicious slug-minded white trash doppelganger had a history of run-ins with the law, probably because he doesn’t have any friends. Therefore, I asked for a copy of all of this idiot’s court records that they had, and also asked that they be send to the FBI NICS department as requested in the letter I received. So finally, since they “didn’t feel comfortable sending another guy’s court documents to the FBI at my request” they gladly agreed to have the documents certified (notarized) by the County Clerk and mailed to me, free of charge. I am still awaiting these documents.

The same day I called the Noblesville court, I got a call from the gun shop AND a call from my Congressman’s office. The gun shop manager was just telling me that he spoke with the sheriff deputy that he had told me about and said that he could send it back to the online retailer and then have the retailer send it to a different FFL so that I could try the NICS check again. I said to just wait a little longer, because I had found the felon that I was mixed up with and needed to send the FBI court documents first. Later on, the Congressman’s office called me and a very nice lady that worked there told me that she had received all of my documents and had just sent them to their contact at the FBI, and that they can usually hear something back from the FBI within 14 days. I also told her of my court findings, and she asked me to fax her the court documents the day I get them so that she can also have them forwarded to their FBI contact. I’M FINALLY MAKING PROGRESS HERE PEOPLE!!!!

**Side Note: Two weeks after I got denied by the NICS, I went to a gun show with my dad and decided to try my luck at buying an AR-15. I filed out the 4473 form EXACTLY as I had before, and guess what… I PASSED! So now I have successfully passed an FBI fingerprint background check and a NICS check for an assault rifle, but I still can’t get the FBI to send me a simple letter saying they were WRONG?! It’s official… the government got way too big. More updates to come…
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by schmieg »

The government has been way too large for some time. Back in 1976, I stopped receiving my VA disability checks. I contacted VA and they told me they had stopped the checks because I was dead. I asked if they would pay off on the Veterans Group Life Insurance policy and they said they would need a death certificate. I told them since I wasn't dead and they didn't have a death certificate, they should reinstate the checks. The response was "I don't talk to dead people," and the rep hung up. After a few more calls, I finally had to get DAV to help me. It took six months.
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HancockCountyHAl
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by HancockCountyHAl »

Sorry to learn of your problem. Thank a liberal Democrat lawmaker and thank God, Hillary didn't win.
Good Luck.
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by SloppySutter »

FINAL UPDATE: Well folks, I have AMAZING news. About three weeks ago, I did, in fact, receive a letter in the mail from the Dept. of Justice/FBI informing me that "After further review of the court documents provided, the NICS Appeals team has determined that I am eligible to purchase and own firearms". Hallelujah!!!! The other cool part is I also got my UPIN to clarify who I am on any future purchases of firearms. It really sucks that our system is set up in a way where innocent people like myself have to go through hell and high water just to prove they are law-abiding citizens, but at least my tenacity paid off. Again, for ANYONE in this situation, the secret to getting this done in a timely manner is to IMMEDIATELY contact the offices of your Congressmen and Senators (ideally, your Republican ones) and explain your situation to them and request a "Congressional Inquiry to the FBI on your behalf". This is what I had to do in order to overcome my issue in about a 6 week time frame. I hope my story helps out those lost souls that felt as violated as I did when I was denied my second amendment right. Freedom is never free, Y'all. When the going gets rough, you can't expect the cavalry to come and save you, especially when it's Uncle Sam you need saving from. All we can do is continue to press for better legislation on gun rights and hope that one day we can adapt a system that allows guns to be distributed safely and fairly, while keeping them out of the hands of TRUE bad men and women. Feel free to PM me if anyone needs more info on how to Appeal the NICS. Thanks again, Reddit, and God Bless the USA!
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by MyWifeSaidYes »

SloppySutter wrote:...The other cool part is I also got my UPIN...
Congrats from a fellow UPIN recipient !!

It's a pain to go through, but it's nice not having delays or denials.
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by I am right »

I hold a valid CCW in Ohio and passed the nics background check but yet I did a form to purchase a lower receiver and was delayed... They then called me back and told me that I was clear to pick up my lower receiver.... I went to the store where I purchased the lower today to grab an optic and one of the gentlemen that I deal with told me that my nics background check came back denied even after the fact that they had me come pick up the lower receiver and then proceeded to tell me that the FBI would be looking for me to confiscate my weapons... This does not make any sense to me if I cleared the nics background for my CCW and have been holding a CCW for the last 14 years and have not been convicted of any crimes that would bar me from a CCW or from guns. Then why on Earth are they making these heinous mistakes
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by I am right »

I am new to this form so I do apologize if I don't submit my questions correctly. I'm still in utter disbelief that something as serious as a CCW had been issued to me and had been reissued and I had also held one in another state I have no other convictions that would bar me from gun ownership or from my CCW but yet I've got the FBI barking at my door for unknown reasons has anyone else been going through this? Please if anyone has any information in Ohio pass it on to me I would greatly appreciate it
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Re: NICS Denies the Innocent (Appeals take 2+ years!)

Post by SloppySutter »

Hey I Am Right,

Your situation is similar to mine, albeit I was denied before anyone sold me anything. The only way you can rectify this in a decent amount of time is to contact your representative for your district. You need to ask him or her (or their office staff) to send a congressional inquiry to the FBI on your behalf regarding your NICS Transaction Number (NTN) that spawned this whole ordeal
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