NICS Denial

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  • ScouT6a

    Master
    Rating - 92.9%
    13   1   0
    Mar 11, 2013
    1,732
    63
    Some of you may remember, I was wrongfully denied on a firearms purchase in 2017, after filling out a form 4473.

    I appealed it with the Feds, twice, and provided additional info to them once.

    Two and a half years later, the Feds finally told me, in multiple letters, that the issue wasn't at their end. They were basing the denial on information that the state of Indiana was providing them. Why the hell it took them that long to tell me that is beyond me.

    So, I sent a packet off to the state of Indiana and never heard anything in a five month period.

    I spoke with a handful of attorneys in this three year time-frame and every one of them said that I shouldn't have been denied, based off of my record but they all wanted me to just pony up $1500 - $2000 and have them do an expungement.

    I refused to pay that amount of money to fix an issue that wasn't my screw-up. I did eventually try that route, myself, and spent $154 in filing fees only to mess up the paperwork.

    I finally found an attorney who specializes in gun rights/2nd Ammendment law. He quickly put me in contact with someone in the Indiana State Police records division and within a matter of days, the issue appeared to have been resolved, according to the State Police.

    I was apprehensive going to my LGS but they knew my situation from day one.

    I just purchased a firearm, through an FFL dealer, Friday,, with no issues.

    (I had been sustaining my purchasing needs through private sales, up to this point )

    Very frustrating and I know it was just human error of someone checking the wrong box or fat fingering something on a keyboard but it was hard to not let it get you down fighting it for that long.

    If you are in the right, never give up. I know there are many who probably do, sadly.
     

    DadSmith

    Grandmaster
    Rating - 100%
    1   0   0
    Oct 21, 2018
    22,584
    113
    Ripley County
    Congratulations and welcome back to gun buying freedom. My buddy is having a fight with them right now has for over a year. If you could let me know who you contacted with the ISP I'd appreciate it so I can get him this information. He's pretty disappointed. He's a Marine honorably discharged no criminal record at all. I don't see why these things happen.
     

    walleyepw

    Master
    Rating - 100%
    10   0   0
    Sep 9, 2012
    2,843
    63
    Glad you have your rights restored. The state should sign a letter of apology and reimburse you for the cost of correcting their mistake.
     

    Joniki

    Master
    Trainer Supporter
    Rating - 100%
    10   0   0
    Nov 5, 2013
    1,600
    119
    NE Indiana
    Great news!

    I always get delayed when I buy a firearm. I have to buy from a LGS because the big box stores consider a delay the same as a denial. I honestly have no idea why I get delayed.
     

    gregkl

    Outlier
    Site Supporter
    Rating - 100%
    33   0   0
    Apr 8, 2012
    11,910
    77
    Bloomington
    Glad you got it fixed. That was a tough road to ride for quite some time.

    Things have changed since one of my 4 year license applications. On my second 4 year license I applied for, I get this call from the State Police. The officer asks me about a POSP charge. I say, "what is POSP? He says, "possession of stolen property". I went on to explain to him how I was a victim of circumstances and was never convicted and that the form asked if I was ever convicted of a felony to which I checked the box "no".

    He said "okay but I'm sending this back to you. Put POSP, not convicted on the form and send back to me." A couple weeks later I got my card in the mail.

    I asked him why it didn't come up the first time I applied for the 4 year license and he said that it depends on which database they check. I also said that I was told that there would not be a record since I didn't have to go to court and I was not convicted of anything. I think I heard him laugh a little on the phone.

    The next time I applied for the lifetime.
     
    Rating - 96.3%
    26   1   0
    Oct 22, 2011
    1,824
    113
    Lebanon
    Great news!

    I always get delayed when I buy a firearm. I have to buy from a LGS because the big box stores consider a delay the same as a denial. I honestly have no idea why I get delayed.

    I am typically one out of three. I don’t know why either, I have had my ID ran through IDHS, and whatever else is required through Indiana for low level security crap. I don’t know.. never denied so i suppose that’s a plus.
     

    JohnP82

    Grandmaster
    Rating - 100%
    12   0   0
    Apr 2, 2009
    10,219
    63
    Fort Wayne
    Wow, that's crazy! Funny how if the tables were turned in some way I don't think you'd get away with taking 3 years to fix a mistake.

    Glad to hear it's all taken care of for you, finally. I honestly don't know how I would be able to handle a situation like that. Good job keeping your cool and I'm glad you didn't give up!
     

    doublesharp

    Marksman
    Rating - 0%
    0   0   0
    Mar 8, 2009
    167
    18
    Clark County
    Did you get a pin? I haven't been delayed in years but about 10 years ago I got delayed a couple times and my usual time for proceed is a 4 or 5 minute wait. I did not get a personal id number but figured I would if it happened again.

    May be coincidence but the last time the NRA convention was in Louisville I explained my problem to a very nice lady at the atf booth and I don't think I've been delayed since.

    Only thing that changed was Rick at Falls City Guns has been doing all my transfers since he has been open and I think maybe he has some serious juice when he calls in. :cool:
     

    Gabriel

    Grandmaster
    Rating - 100%
    9   0   0
    Jun 3, 2010
    6,739
    113
    The shore of wonderful Lake Michigan
    Did you get a pin? I haven't been delayed in years but about 10 years ago I got delayed a couple times and my usual time for proceed is a 4 or 5 minute wait. I did not get a personal id number but figured I would if it happened again.

    May be coincidence but the last time the NRA convention was in Louisville I explained my problem to a very nice lady at the atf booth and I don't think I've been delayed since.

    Only thing that changed was Rick at Falls City Guns has been doing all my transfers since he has been open and I think maybe he has some serious juice when he calls in. :cool:



    I've been delayed on every purchase in the last two years for some reason. I never had a problem before that.
     

    doublesharp

    Marksman
    Rating - 0%
    0   0   0
    Mar 8, 2009
    167
    18
    Clark County
    that's the way mine was but I don't think they ever called to proceed. If there is not a deny you can get your gun after 3 business days. I got the paperwork for a pin but didn't follow through.
     

    ScouT6a

    Master
    Rating - 92.9%
    13   1   0
    Mar 11, 2013
    1,732
    63
    Sounds like you might be a good candidate for the UPIN.
    They say if you have issues several times like that to apply for a Unique Personal Identification Number which is supposed to alleviate those delay issues.
     

    ScouT6a

    Master
    Rating - 92.9%
    13   1   0
    Mar 11, 2013
    1,732
    63
    Thanks for all the kind words, guys.
    I just hope it encourages someone else to stay in the fight if they have an issue that's not on them.
     

    MrSmitty

    Master of useless information
    Rating - 100%
    13   0   0
    Jan 4, 2010
    4,542
    113
    New Albany
    I had a guy break into my broken down car and steal info from checks..fast forward 6 months the guy gets caught in a stolen car, gives my info to the arresting officer, goes to jail as me for 2 years.....fast forward a year and a half, I go to renew my DL, and am told I have a felony on my record, and have to clear it up to get the DL.. I had to get a UPIN by getting my finger prints, and sending it to the FBI. He was caught and sentenced to 3 years for ID theft, he got out in 2 because he got his GED......I still have to use my UPIN to buy a gun through an FFL... He has had a record for years, I have never been arrested, or any crime..... IT SUCKS!! Sorry OP for the crap you went through! I feel your pain!
     
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