Ownership Question?

[JB357Mag]

Lets say you allready have a handgun from a private sale.

You attempt a purchase from a FFL gun store and are denied.

Are you in trouble for haveing the other gun based only on
the denial?

Jimmy

 

[shibumiseeker]

No.

Unless you are denied because you are a felon.

 

[Bunnykid68]

As long as you are a proper person you are fine.

 

[chuddly]

Correct on the above post. just because you were denied doesnt mean you cant have a gun unless you have been told ruled "not a proper person"

 

[SideArmed]

Are you appealing the denial?

 

[Easy1]

I'd retry... Also, if they take longer than 3 days I think to respond - the gun is yours anyway, but seeing you were denied - something caused it I'd think. A friend was denied based off having a felony before he was an adult which was dropped to a miss. He was arrested like 9 times in a few years (all stupid crimes and has since changed his life and done a 180 for sure). He spoke to a deputy and he personally said he'd call ISP and give his blessing this time. He's still waiting but hopefully he'll have his LTCH soon! Sometimes just going and knocking on a door helps get you what you want!

 

[It'sAllFun&Games]

I'd retry... Also, if they take longer than 3 days I think to respond - the gun is yours anyway, but seeing you were denied - something caused it I'd think.

To clear this up a bit: If you get DELAYED, the store MIGHT sell you the gun after 3 days without a response. If you get DENIED, you'll need to file an appeal. Here's what the FAQ says:

I was denied on my Form 4473 NICS check, but I haven't done anything to make me ineligible! Now what do I do?
When buying from a dealer as an Indiana resident, you will fill out BATFE Form 4473, which is the National Instant Check System. This is the form that the BATFE will use to do your instant background check to ensure that you are eligible to purchase a firearm. The dealer will provide this form and can answer any questions you have about filling it out.
Once you've completed the form, the dealer will call it in and receive either a "Pass", "Fail", or "Delay". If you pass, you can leave with your firearm as soon as you complete your transaction. If you receive a "Delay", the dealer must sit on the transaction until the BATFE returns a "Pass" or "Fail". If the dealer does not get a response from NICS within 3 business days, he may transfer the firearm on the fourth business day, not counting the day on which the transaction was initiated (many will deny you the sale without an official "Pass", though). That is, if the transaction is initiated on Monday the 1st and you are delayed, NICS has until Thursday the 4th to give a result. If they do not, the dealer may transfer the firearm on Friday the 5th. Note that NICS does not count Saturdays, Sundays or holidays as "business days," even though the gun shop may be open, and NICS may call back with a result on those days. Delays happen for many reasons and you should not be alarmed if you receive one. If your 4473 comes back "Fail" and you know that you have nothing in your history that precludes you from owning a firearm, you may submit a Voluntary Appeals Form (VAF) and receive a Unique Personal Identification Number (UPIN). This UPIN may be put on future Form 4473's to prevent any confusion or delays.

Here is the form for the VAF:
http://www.fbi.gov/about-us/cjis/nic...plete-process2


Also, here are a couple of other useful links from our forums:
https://www.indianagunowners.com/forums/genera...me_way_up.html
https://www.indianagunowners.com/forums/genera...et_a_upin.html

 

[wizard_of_ahs]

Bad link.....here's a good one: http://www.fbi.gov/about-us/cjis/nics/appeals/nics_vaf_brochure_eng.pdf

 

[JB357Mag]

Well its 5:20 pm on the 3rd day and I havent heard anything
so I should be able to pick up my gun tomorrow.


Jimmy

 

[gum507]

If you go to get it tomorrow and still can not get it ask why you are denied someone may have used your ID for something before.

 

[BrewerGeorge]

Well its 5:20 pm on the 3rd day and I havent heard anything
so I should be able to pick up my gun tomorrow.


Jimmy

I would be shocked if the store chose to sell you the gun without an approval. It's always up to them no matter what the law says, and I'd be they're err on the side of avoiding possible issues.

Good luck, I'm just saying don't buy holsters or stuff until you actually have it in hand.

 

[SideArmed]

If you go to get it tomorrow and still can not get it ask why you are denied someone may have used your ID for something before.

The only way to find out why you were denied is to appeal, IIRC.

I would be shocked if the store chose to sell you the gun without an approval. It's always up to them no matter what the law says, and I'd be they're err on the side of avoiding possible issues.

Good luck, I'm just saying don't buy holsters or stuff until you actually have it in hand.

If there is no response after three days, it is a default "go ahead" for the store to sell the gun. If the FBI later comes back and says that the individual is ineligable to own a firearm. It is on them & the ATF to try and go back and retrieve the gun. The gun store can't be held at fault if they wait three days and then sell the gun.

 

[SideArmed]

Well its 5:20 pm on the 3rd day and I havent heard anything
so I should be able to pick up my gun tomorrow.


Jimmy

So you haven't been "denied" officially. Just "put on hold", there is a big difference between the two. If you were denied you wouldn't be able to pick up your gun three days later.

Congrats.

 

[Easy1]

To clear this up a bit: If you get DELAYED, the store MIGHT sell you the gun after 3 days without a response. If you get DENIED, you'll need to file an appeal. Here's what the FAQ says:

Thank you for clearing that up - yea, I was in a hurry. My gun store (Roby's Bullseye - Kokomo) will sell you the piece after 3 days - no questions asked.

 

[Easy1]

So, did you pick it up???

 

[target64]

If you go to get it tomorrow and still can not get it ask why you are denied someone may have used your ID for something before.

The FFL will not know the reason for any delay or denials.

 

[JB357Mag]

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