Nics denied what can be done?

[shawnba67]

My best friend (we will call him Ted) has a little brother who is a turd. Couple months back little brother gets arrested has no ID says he is Ted well apparently they take his word for it and process him, fast forward to know and Ted gets flat denied trying to buy a rifle. Is told we have to submit in writing request of details of denial and to expect it to take months . Is there anything else he can do ? Is there any chance of any issue with his buying a rifle from an individual?
Ted has no arrest record,he doesn'teven have library late fees (before those questions crop up hhe's a stand up guy)

 

[JettaKnight]

That sucks.

As far as FTF sales, is there any reason for a seller to suspect that Ted is a person that cannot own a firearm? There's nothing in the Indiana statues that prohibit an individual from selling to another individual that was blocked from a person by NICS, per se.

Does Ted have a LTCH?


As to this story, did Ted get indicted? Did he go to court? Did he clear this up with the PD? I don't mean to judge, but it does sound a bit fishy.


EDIT: A one month delay isn't terrible - think about how long it takes to process Class 3 stuff.

 

[BigBoxaJunk]

If Ted is a stand-up guy, like you said, then I'm sure he'd tell a private seller the particulars of his situation before the buy.

That said, I don't see how any seller could sell Ted a firearm without some risk or liability.

Ted needs to get his stuff in order before he tries to buy a gun. JMO

 

[SSGSAD]

My best friend (we will call him Ted) has a little brother who is a turd. Couple months back little brother gets arrested has no ID says he is Ted well apparently they take his word for it and process him, fast forward to know and Ted gets flat denied trying to buy a rifle. Is told we have to submit in writing request of details of denial and to expect it to take months . Is there anything else he can do ? Is there any chance of any issue with his buying a rifle from an individual?
Ted has no arrest record,he doesn'teven have library late fees (before those questions crop up hhe's a stand up guy)

JMHO, IANAL ..... If they fingerprinted him, easy fix ..... Just take the turd, to the local PD, and have him confess .....

 

[Kurr]

If possible have "Ted" go to the arresting agency / prosecutor and explain the situation. I'm sure they a booking photo of some kind. With that and his IDs it shouldn't be too hard to clear up and little brother will probably catch another charge or two.

 

[ljk]

Boy o Boy, bad timing.

https://www.nraila.org/articles/20160122/no-way-out-feds-stop-processing-nics-denial-appeals

Compounding this grave injustice, this week the FBI made public that they have stopped processing NICS denial appeals.

 

[shawnba67]

It is my understanding that the the Mis-identity was figured out before the turd was released. But that little blip is the only reason fathomable in why he would not pass a nics. Was just wondering if there was something that could be done to easily clear up this mess. I guess it's possible to get denied for no reason but I don't know anyone who ever has been. Well until now LOL

 

[churchmouse]

My best friend (we will call him Ted) has a little brother who is a turd. Couple months back little brother gets arrested has no ID says he is Ted well apparently they take his word for it and process him, fast forward to know and Ted gets flat denied trying to buy a rifle. Is told we have to submit in writing request of details of denial and to expect it to take months . Is there anything else he can do ? Is there any chance of any issue with his buying a rifle from an individual?
Ted has no arrest record,he doesn'teven have library late fees (before those questions crop up hhe's a stand up guy)

Ted needs to do what I did when my brother took my wallet (before Pic ID's and posed as me to get an apartment and during 3 traffic stops using my License.

Beat the complete crap out of him every time he gets close enough to get this done.

 

[d.kaufman]

Definitely bad timing as ljk posted. Nics no longer processing denials as of now, which is total b.s!

 

[jedi]

So if they are not processing denial then what can be done?
Why are they not procesing denials?
Is that even legal?

 

[halfmileharry]

I keep waiting for the next paragraph to appear.
There's got to be more of the story I'm not getting to read.
Sounds fishy and I wouldn't sell a gun to "Ted".

 

[Kirk Freeman]

I will say this: if the federal government thinks you are a prohibited person, you are a prohibited person.

He should not touch another gun, especially try to buy another gun, until he speaks to an attorney. Something can be done. It is in his best interest to contact an attorney at once.

 

[voidsherpa]

I will say this: if the federal government thinks you are a prohibited person, you are a prohibited person.

Then why do they even have an appeals process.....

 

[Kirk Freeman]

Then why do they even have an appeals process.....

Why? Because sometimes the info they have is incorrect.

 

[ljk]

I will say this: if the federal government thinks you are a prohibited person, you are a prohibited person.

 

[voidsherpa]

Why? Because sometimes the info they have is incorrect.

If it is incorrect then how are you a prohibited person?

 

[Cameramonkey]

So if they are not processing denial then what can be done?
Why are they not procesing denials?
Is that even legal?

RTFA posted by ljk and you would see... They pulled all of the inspectors from the appeals dept to put them to work doing approvals. So instead of having 250* agents doing checks and 50* doing appeals, they now have 300* doing checks. (*easy numbers for illustration)

It does seem to be a bit short sighted, but I'm not surprised given the administration's views on guns. They dont want to be approving the legitimate calls, so they would love any excuse, even a bogus one, to deny somebody.

Then why do they even have an appeals process.....

Because mistakes are made.

 

[ljk]

Then why do they even have an appeals process.....

Because you are guilty until proven innocent

 

[Cameramonkey]

If it is incorrect then how are you a prohibited person?

Because they think you are and that is what counts. When a ref throws a flag, you as a player are considered guilty of the rules violation. Sometimes it takes a review from the booth to correct that. But if the booth doesnt get involved, for all eternity you are considered guilty in the records of that sport.

 

[voidsherpa]

Because they think you are and that is what counts. When a ref throws a flag, you as a player are considered guilty of the rules violation. Sometimes it takes a review from the booth to correct that. But if the booth doesnt get involved, for all eternity you are considered guilty in the records of that sport.

So if you already have guns and somehow get denied on a NICs you better hurry up and bury those firearms, or risk prosecution? Because of that arbitrary list and all..