FYI NICS Appeals, process time way up!

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  • Kirk Freeman

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    Mar 9, 2008
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    Lafayette, Indiana
    Just received an e-mail concerning an appeal I am handling.

    The wait time is now up to 140 days! Just for reference earlier this year I had a decision inside 60 days.

    The redacted e-mail reads as follows:

    ****************************************************

    Your transaction is still waiting to be worked at this time. Voluntary Appeal File (VAF) and appeal cases are processed in the order in which they are received;therefore, I am unable to give you a time-frame on when the VAF/appeal will becompleted.

    Due to the high volume of VAF and appeal applications currently being received as well as the scope and complexity specific to each case, the current processing time for an appeal and/or VAF request is approximately 140 days.

    NICS Section
    CJIS Division

    *****************************************************

    FYI, be advised, strong message follows,

    Kirk
     

    LeeStreet

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    Oct 26, 2009
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    South of Steuben Co.
    I called & inquired about about my appeal & was told 150 days. I have 110 days to wait. To me, it is no big deal, I just have to wait a few days to pick up my gun. I keep getting the approvals.
     

    jedi

    Da PinkFather
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    Oct 27, 2008
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    :dunno:
    Was not sure what the VAF was & google gave me this:

    NICS Voluntary Appeal File Brochure in English

    OK I understand that the FBI NCIS section **CANNOT** retain the appeal decision and thus the form is needed to ensure that the next time a denial/delay does not occur over the item that the appeal the last time overturned.

    So why can the FBI NCIS check NOT update with the information in the appeal?
    Also what type of info would deny/delay the NCIS check that the appeal would overturn?

    Thanks
     

    Clay

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    Aug 28, 2008
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    Vigo Co
    I called & inquired about about my appeal & was told 150 days. I have 110 days to wait. To me, it is no big deal, I just have to wait a few days to pick up my gun. I keep getting the approvals.

    wait a minute...... you have an NICS appeal in the works, yet you have bought guns since the denial and have gotten approved???????? if thats true, then talk about a flawed system!
     

    SavageEagle

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    Yes, the VAF gives you a UPIN number. So why would you put yourself in the VAF if you weren't denied?
     

    SavageEagle

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    Gotcha. Never met someone that filed just for being delayed. So that brings us back around to the point that you said you had an Appeal. For being delayed? They don't do appeals for delays. They only do appeals for denials. So that means you were denied... or not? And if you were denied, buying guns during your appeal can get you in some serious hot water.
     

    Indyvet

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    VAF is for delays as well. I went through this process. Everytime I bought a firearm I was delayed. They always called back and told them to proceed. It was a hassle waiting those extra days. I filled out the form and sent it in along with fingerprints. It took what seemed like 6 months and I was issued a upin number. Now when I fill out a 4473 I put the upin number on the form and voila no more delays. I have my newly purchased firearm on the same day.
     

    SavageEagle

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    Right, but he said he's going through an APPEAL. The only appeal's process is for the denials. Which I went through. The VAF process is a whole different animal.
     

    Indyvet

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    Right, but he said he's going through an APPEAL. The only appeal's process is for the denials. Which I went through. The VAF process is a whole different animal.
    Sorry, I did not read it correctly. You are right. Whole different animal there. I had a customer get denied a few weeks ago. I had some other issues to go along with him and his denial which prompted me to call the atf. He briefly told me about the appeals process. Not to stir the pot, but he told me that 9 out 10 denials are for good reason but there is occasionally the one who has been misidentified or some other reason has caused the denial. My opinion is that the one who is being denied for a mistake on their end is too many. It is definately a flawed system but they keep looking at changing things and letting to many people and groups get involved instead of fixing properly the system they have in place.
     

    LEaSH

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    Aug 10, 2009
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    I know a guy that has been denied. I've known him awhile now so I know he's not mental or criminal, just has a somewhat common surename.

    We can't figure out any other reason for it. He's doing the appeal, I don't know how far along it has been. But I've known him to be a clean living american patriot - more than most.
     

    SavageEagle

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    Sorry, I did not read it correctly. You are right. Whole different animal there. I had a customer get denied a few weeks ago. I had some other issues to go along with him and his denial which prompted me to call the atf. He briefly told me about the appeals process. Not to stir the pot, but he told me that 9 out 10 denials are for good reason but there is occasionally the one who has been misidentified or some other reason has caused the denial. My opinion is that the one who is being denied for a mistake on their end is too many. It is definately a flawed system but they keep looking at changing things and letting to many people and groups get involved instead of fixing properly the system they have in place.

    I think he may have misspoke about the number of good denials. However, the poll on my thread speaks to that number. I'm pretty sure the FBI's numbers are to the contrary though. I remember someone gave me a figure that I checked a while back, but I don't have the website bookmarked any longer.

    My denial was botched on part due to bad file updating. I was charged with a Felony and convicted of a misdemeanor. They never updated the conviction to override the charge so the FBI assumed I was a felon. Luckily I keep ALL my paperwork even from back when I was born. Had it not been for that, the ATF guy that came to visit me would have arrested me. :n00b:

    Regardless, I agree. The system is flawed as there is no mandatory filing laws for ALL states. Even the ones that do try to keep good records only update to the FBI about 35-55%. Not good odds for anyone involved.
     

    Indyvet

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    I think he may have misspoke about the number of good denials. However, the poll on my thread speaks to that number. I'm pretty sure the FBI's numbers are to the contrary though. I remember someone gave me a figure that I checked a while back, but I don't have the website bookmarked any longer.

    My denial was botched on part due to bad file updating. I was charged with a Felony and convicted of a misdemeanor. They never updated the conviction to override the charge so the FBI assumed I was a felon. Luckily I keep ALL my paperwork even from back when I was born. Had it not been for that, the ATF guy that came to visit me would have arrested me. :n00b:

    Regardless, I agree. The system is flawed as there is no mandatory filing laws for ALL states. Even the ones that do try to keep good records only update to the FBI about 35-55%. Not good odds for anyone involved.
    That sux. Isn't it funny how quickly they will slap an arrest on the fbi file but never follow up when it is dropped, lowered, dismissed or whatever. How can they justify putting an arrest on so quickly but when whatever is finalized they do nothing or take their time. Then tell you it is your responsibility to ensure it is updated or correct. Whatever happened to innocent until proven guilty? People get charged with stuff and not convicted all the time.
     

    LeeStreet

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    Here is what I know & what was sent to me by the FBI. When I purchased my first gun ( except for 35 years ago ) early this year, I was DELAYED. I thought , WTF, what did I do. I purchased it on Sat., & Mon. I got a call to pick up my gun. Next gun purchase, I was DELAYED again for the full 4 or 5 days. Next gun purchase, DELAYED, but only 2 days. The employee there said, why don't you get the " SPECIAL NUMBER ". I called the NICS & requested the proper forms to fill out & return. I have been waiting for about 40 days, & it may take 150 days. On the form, it says, TO: Voluntary Appeal File ( VAF) Applicant. Further down the letter it says. This process permits applicants to request that the NICS maintain information about them in the VAF, a seperate file to be checked by the NICS , to prevent erroneous denials and extended delays in the future. Lawful purchasers who have been delayed or denied a firearm transaction because they have a name or DOB similar to that of a prohibited person may also request that the NICS maintain info about them to facilitate future firearms transactions.Why do I want this number, you ask, because if I purchase a gun a long distance away from my home, I can take it with me right then. I hope that clears up the question. By the way, I have purchased 2 hand guns since I sent the form back to the FBI. If anybody wants the form in it's entirety posted, I could try to figure out how to post it.
     

    SavageEagle

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    Gotcha. It's just that when you said you had an Appeal, that through me off. There should be links to all the necessary forms and such in my thread I posted on the first page of this thread.
     

    LeeStreet

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    South of Steuben Co.
    Gotcha. It's just that when you said you had an Appeal, that through me off. There should be links to all the necessary forms and such in my thread I posted on the first page of this thread.
    Being called a voluntary appeal file applicant, makes it sound like an appeal. It really is an appeal. I am appealing to those #*%@?^$ to let me have my gun when I pay for it.
     
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