Denial?

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  • Ark

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    After a full week of delay, had a NICS check came back denied today. :xmad:

    Never happened before, probably passed 25 NICS checks in the last four years without issues, current LTCH holder just renewed this year. Never been arrested or seen the inside of a courtroom or mental hospital. Now have an NTN number and pile of parts waiting for a nonexistent gun.

    So, what do I do and how do I keep this from happening again?
     

    mr_camera_man

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    Sep 2, 2010
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    Do you have a common name? Common enough that using your SSN on the 4473 might help? Thinking about that makes me need to take a shower, but my name is uncommon enough that I've fortunately never been delayed.
     

    edwea

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    I think I heard that the "delay" status is an automatic denial now. So now instead of proceed (approved), delay (for further review), or denied, it is simply proceed or deny. So it could be that there isn't any actual problem. If you go back today, it may go through.
     

    Ark

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    I always put my SSN on the form.

    Submitted the form to get the reason for the denial and it came back:

    Title 18, United States Code (U.S.C.), Sections 921(a)(20) and 922(g)(1): “A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.” Please note that it does not matter whether the sentence of more than one or two years was actually ordered or served; the prohibitor is based upon the maximum sentence that could have been imposed upon the individual by the court. In addition, some convictions which may have been “sealed” or “expunged” for certain purposes still qualify as 18 U.S.C. §922(g)(1) prohibitors.

    So I think it matched me incorrectly to someone with a record. I went ahead and followed the process to submit an appeal and fingerprints. Super weird that this issue apparently never came up before now.

    Anyone know what the turnaround time on one of these appeals typically is, or what it takes to get a UPIN to avoid it again? Apocalypse Year is a bad time to be denied 2A rights for months on end...
     

    Ggreen

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    I think I heard that the "delay" status is an automatic denial now. So now instead of proceed (approved), delay (for further review), or denied, it is simply proceed or deny. So it could be that there isn't any actual problem. If you go back today, it may go through.

    Not true. I've been delayed Friday and approved this week
     

    Ggreen

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    I always put my SSN on the form.

    Submitted the form to get the reason for the denial and it came back:

    Title 18, United States Code (U.S.C.), Sections 921(a)(20) and 922(g)(1): “A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.” Please note that it does not matter whether the sentence of more than one or two years was actually ordered or served; the prohibitor is based upon the maximum sentence that could have been imposed upon the individual by the court. In addition, some convictions which may have been “sealed” or “expunged” for certain purposes still qualify as 18 U.S.C. §922(g)(1) prohibitors.

    So I think it matched me incorrectly to someone with a record. I went ahead and followed the process to submit an appeal and fingerprints. Super weird that this issue apparently never came up before now.

    Anyone know what the turnaround time on one of these appeals typically is, or what it takes to get a UPIN to avoid it again? Apocalypse Year is a bad time to be denied 2A rights for months on end...

    Years. One of the other counter leaners at the lgs took nearly 2 to get his stuff fixed.
     
    Last edited:

    Cameramonkey

    www.thechosen.tv
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    May 12, 2013
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    I always put my SSN on the form.

    Submitted the form to get the reason for the denial and it came back:

    Title 18, United States Code (U.S.C.), Sections 921(a)(20) and 922(g)(1): “A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.” Please note that it does not matter whether the sentence of more than one or two years was actually ordered or served; the prohibitor is based upon the maximum sentence that could have been imposed upon the individual by the court. In addition, some convictions which may have been “sealed” or “expunged” for certain purposes still qualify as 18 U.S.C. §922(g)(1) prohibitors.

    So I think it matched me incorrectly to someone with a record. I went ahead and followed the process to submit an appeal and fingerprints. Super weird that this issue apparently never came up before now.

    Anyone know what the turnaround time on one of these appeals typically is, or what it takes to get a UPIN to avoid it again? Apocalypse Year is a bad time to be denied 2A rights for months on end...

    Probably because the incorrect match didnt have a record since the last time you tried to buy a gun.

    And another reason why UBCs are bad. They cant get it right. What if OP was a single mom being stalked? She'll be dead before she can appeal and get a gun to protect herself. But then again I'm preaching to the choir.
     

    Ark

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    Soooo at random, out of the blue, no 2A rights for potentially years through no fault of my own and despite following all of the rules. Awesome. ****face government is really making me feel safe right now.

    VAF submitted along with the challenge today, guess I'll see y'all in 20-****ing-never. :rolleyes:
     

    Joniki

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    Soooo at random, out of the blue, no 2A rights for potentially years through no fault of my own and despite following all of the rules. Awesome. ****face government is really making me feel safe right now.

    VAF submitted along with the challenge today, guess I'll see y'all in 20-****ing-never. :rolleyes:

    On a more positive note, you got denied so you can file an appeal. I get delayed every time and have no recourse.
     

    Joniki

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    Voluntary Appeal File (VAF) can help with that too.

    [h=3]Firearm-Related Challenge[/h]If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one.
     

    OneBadV8

    Stay Picky my Friends
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    Firearm-Related Challenge

    If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one.
    VAF is not a to challenge anything.

    The Voluntary Appeal File (VAF) process permits applicants to request the NICS maintain information about themselves in the VAF to prevent future erroneous denials or extended delays of a firearm transfer.
     

    Ark

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    So, do I need a VAF to stop it from happening again, or will the denial appeal fix it? Getting the denial overturned fixes nothing if I get denied on the next transaction again.
     
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