Who has been erroneously denied on NICS?

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  • cbickel

    Sharpshooter
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    8   0   0
    Aug 31, 2014
    541
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    Van by the river
    I have a thread going in General about my denial last week. I wanted to dive into a bit more here, legally speaking. I realize that not everyone here is a legal expert, but I wanted to get an idea what people have been able to successfully do in the past. I have spoken with a few attorneys (including our own Guy Relford). Another attorney I found in AR15.com, who claims to have successfully sued the bureau 5 times on this very issue, says he's planning on starting a class-action for erroneous denials. This whole situation is a giant PITA. I'm just looking for the most pain-free way of getting myself out of it. So far, I've:

    - Appeal filed (included supporting legal docs showing I'm a proper person, and fingerprints from IMPD)
    - VAF app sent in with above.

    Called the bureau and spoke with a live person who claims the appeal can take anywhere from 30-60 days. I've heard from everyone I've talked to that it can take anywhere from 2 weeks all the way up to 3 years. What, if any, steps can I take that will speed this up? Any advice will be appreciated.
     

    CMB69

    Marksman
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    6   0   0
    Nov 8, 2008
    158
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    Indy
    FBI stopped processing NICS denial appeals over a year ago. Many individuals have filed suit. Knowledgeable attornys have been using 18 U.S.C. § 925A successfully. I know of one class action suit that has been initiated. Good luck with your appeal.
     

    cbickel

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    8   0   0
    Aug 31, 2014
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    Van by the river
    I know they did stop, but appeals have resumed. I am working with an attorney to that has filed a class-action on my behalf. Should hopefully be fully resolved in <90days.
     

    CMB69

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    6   0   0
    Nov 8, 2008
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    Indy
    The main point, and purpose, of my post was to say you will not get anywhere by yourself. Seems you have it covered. Keep us informed. I am interested, and assume others are also.
     

    croy

    Master
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    24   0   0
    Apr 22, 2012
    1,875
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    Indiana
    What stops you from just filling out another form and trying again? I've never heard of anyone doing this but if it was a mistake maybe trying again it wont happen?
     

    M67

    Grandmaster
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    23   0   0
    Jan 15, 2011
    6,181
    63
    Southernish Indiana
    What stops you from just filling out another form and trying again? I've never heard of anyone doing this but if it was a mistake maybe trying again it wont happen?

    Local PD could stop by, repeated NICS denials when you (in their system) are not allowed to purchase a firearm.

    Also you'd have to go to a lot of different shops, the same shop can't rerun the same person over and over expecting different results, could be seen as an abuse of NICS
     

    MinuteManMike

    Expert
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    5   0   0
    Oct 28, 2008
    1,062
    83
    Lawrence, IN
    This stuff infuriates me.

    A friend of mine was refused. He was an ex- or current policeman (cannot recall about the timing), and his best guess was because of his brother's criminal acts. What the Hell??? How can that even happen?
     

    ru44mag

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    3   0   0
    Feb 6, 2013
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    I was having some difficulty several years ago. I applied for a UPIN "Unique Personal Identification Number" and have not had a problem since.
     

    Sticky

    Sharpshooter
    Rating - 0%
    0   0   0
    Jan 22, 2011
    497
    18
    central IN
    A friend of mine was denied about a year ago. NICS told me the appeals process was running about 18 months behind. They also told me the most frequent "denial without true cause" was local county court cases not properly marked as resolved and closed.
     

    GIJEW

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    8   0   0
    Mar 14, 2009
    2,716
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    Gun shop employees have suggested that I put my SS# on the application. P*sses me off but it works.
     

    IndyTom

    Expert
    Rating - 87.5%
    7   1   0
    Oct 3, 2013
    1,336
    63
    Fishers
    Gun shop employees have suggested that I put my SS# on the application. P*sses me off but it works.

    I've never not done it, personally, and, other than the Cabela's questions about other names and residences, I've never had an issue even with a fairly common name.
     

    jwo483

    Shooter
    Rating - 96.9%
    31   1   0
    Oct 9, 2011
    655
    18
    Westfield
    I have a thread going in General about my denial last week. I wanted to dive into a bit more here, legally speaking. I realize that not everyone here is a legal expert, but I wanted to get an idea what people have been able to successfully do in the past. I have spoken with a few attorneys (including our own Guy Relford). Another attorney I found in AR15.com, who claims to have successfully sued the bureau 5 times on this very issue, says he's planning on starting a class-action for erroneous denials. This whole situation is a giant PITA. I'm just looking for the most pain-free way of getting myself out of it. So far, I've:

    - Appeal filed (included supporting legal docs showing I'm a proper person, and fingerprints from IMPD)
    - VAF app sent in with above.

    Called the bureau and spoke with a live person who claims the appeal can take anywhere from 30-60 days. I've heard from everyone I've talked to that it can take anywhere from 2 weeks all the way up to 3 years. What, if any, steps can I take that will speed this up? Any advice will be appreciated.

    I was denied in April of 2016 and spent 14 months straightening this out. I used attorney Adam Turner in Warsaw (574-371-2052) - he is fantastic. Adam discovered that there was an error in the state police database, and had the connections to get them to fix it. Once I got Adam involved, it was was less than a month. PM me if you want more information.
     
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