View Full Version : NICS denial???
jodyawilson
12-22-2005, 06:35 PM
I am new to this site and also new to hunting, just passed hunter safety last week. I went to buy my son a new 12 gauge shot gun for deer hunting and was denied :mad: . I was shocked because I have never had any conviction for anything, never had restraining order against me, never arrested, never committed to a mental hospital.
My son was crying, he had saved up half the money to buy the gun and was very disappointed.
I have a VERY common name, and am wondering if there is a possibility that there is a person with the same name that is disqualified.
I did put in a written appeal and am waiting to find out what is going on.
But, this is opening up my eyes as to how stupid the background check process is. Don't get me wrong, I know some people shouldn't be allowed to have a gun, but I have NEVER even been arrested, am a working registered nurse and got denied.
Ninja
12-22-2005, 06:37 PM
Did you give them your social security number???
It is optional, but with a common name, this could help.
Was it outright denied or delayed?
Swamp Monster
12-22-2005, 06:47 PM
Did you put wether or not the gun was for you or for someone else. Under the system, buying a gun for someone else is a red flag, you have to buy it for you, yet you can still give it as a gift.
I was denied once, but they called right back and it went thru no problem. I have nothing on my record, nothing at all. The sales guy said every once in a while that happens. The system is better now than when it first began, but it's not perfect.
Keep us posted on how it comes out.
Congrats on passing hunter safety and welcome to a great site. Lots of knowledgeable folks on here that are very helpful and more than happy to help get new folks started in the outdoors.
jodyawilson
12-22-2005, 06:50 PM
No I didn't give social security number, I guess I should have. Outright DENIED It was really embarrassing. do you know that after this is checked into and fixed I will have to wait 30 days to buy a gun? I don't think many people understand that part.
I used to think that they only did this kind of check for buying a handgun. Well, after this mess is cleaned up I will be sure to buy one of those too because I know that the next time I try to buy any firearm, the same thing may happen.
Swamp Monster
12-22-2005, 06:55 PM
A handgun is a whole different animal. First you have to get a "purchase" permit from your local PD. They will administer a a background check, give you a little T/F test and then give you a permit to purchase. Once you purchase, you take the new gun and paperwork back to the pd department, they will inspect and register the gun and issue you a license sort of speak, or registration card basically. It's not that bad, just a little time consuming. Long guns do not need to be registered, ei rifles, shotguns etc.
snakebit67
12-22-2005, 06:55 PM
A couple of years ago i was put on the delay list. I too have a clean record. The gentleman that was waiting on me asked if i had ever had a security clearance, which i did have while i was in the navy. He said that this had been a common factor in alot of delays/denials.
Ninja
12-22-2005, 06:59 PM
Keep checking back here and keep us updated.....I will post some more info for you tomorrow.
Swamp Monster
12-22-2005, 07:00 PM
Interesting about the security clearance.... I had to get that when the president was in town as we were feeding some of his staff etc, I had to get clearance to get into the secret service hanger at the airport for airforce one. I'm sure thats not exactly military security clearance, but I had to give them info before hand so they could get the clearance.
Rupestris
12-22-2005, 10:45 PM
The lack of a SSN and a common name is probably the hang-up.
I have a rather uncommon last name and give my SSN. It takes about five minutes for my paperwork to go through.
I've heard of common names taking excessive amounts of time to clear. It's unfortunate but it can happen.
Good luck to you and your son. Hope all works out for the best and Santa brings him a new shotgun for Christmas.
KalamazooKid
12-23-2005, 10:12 AM
Just curious .... where did you go to purchase the gun? Did they offer any advise similar to what folks here have offered? Or did they just say denied and move on to the next customer?
That really sucks .... I know I'd keep trying. Your son needs that gun for Christmas!
jodyawilson
12-23-2005, 03:59 PM
Oh, many years ago when a president was coming to town, Iwas working at the hospital that would have taken him if he were to need medical care and there were many secret service people there and there was mention of security clearances for specific trauma care and emergency room staff...could that really be the problem?
My son did get his shot gun for Christmas, his father purchased it and it stays at his house until this mess is cleared up. Now he wants me to take him hunting on some friends land but I am sure I cannot even be in posession of a firearm until I am cleared by NICS.
I had tried to buy it at On Target and the guy was very helpful and supportive, he gave me instructions as to how to appeal and to go to the prosecutor's office etc.
The FBI has to respond to my appeal within five days...it has been only three. Iwill keep you all posted.
Thank you all for the advice.
snakebit67
12-23-2005, 05:07 PM
Oh, many years ago when a president was coming to town, Iwas working at the hospital that would have taken him if he were to need medical care and there were many secret service people there and there was mention of security clearances for specific trauma care and emergency room staff...could that really be the problem?
My son did get his shot gun for Christmas, his father purchased it and it stays at his house until this mess is cleared up. Now he wants me to take him hunting on some friends land but I am sure I cannot even be in posession of a firearm until I am cleared by NICS.
I had tried to buy it at On Target and the guy was very helpful and supportive, he gave me instructions as to how to appeal and to go to the prosecutor's office etc.
The FBI has to respond to my appeal within five days...it has been only three. Iwill keep you all posted.
Thank you all for the advice.
I am not sure if a delay is the same as a denial. Keep up with the merchant, the FBI, in a delay case, does not have to call the store back. They are allowed to sell the gun to you if the FBI does not reply at all after the specified time.
Good luck
jodyawilson
12-23-2005, 11:17 PM
Well, this was a denial not a delay. I will definitely see this through, I am being denied my second amendment right due to some beaurocracy.
I have been researching this today and have found that a flat out denial is usually a problem larger than just having a common name...I am starting to wonder about identity theft here. It happened to me back in 1994 and the girl was caught impersonating me and using my social security number after being caught for shoplifting and using my name. Since she was later convicted of fraudulently obtaining and using my identity (SS#, driver license, etc.) I just assumed that any crime she committed under my name would have been taken off...but maybe some pencil pusher just dropped the ball in my case. I will be hiring an attorney to sort through all of this for me if the identity theft back in the '90's has anything to do with this because brother that is so much trouble to straighten out. IRS, credit reports, criminal stuff etc. just cant do it all by myself.
I will let you know as soon as I find something out.
kumma
12-24-2005, 11:20 AM
Does it have to be a new gun? Buy used from an individual, no need for any checking at all. Plus the gun isnt "registered" to you if thats a concern. Just another option.
hunterrep
12-26-2005, 04:19 PM
Thanks for re-affirming why I wholeheartedly support the NRA and if all of you agreeing with this persons frustration don't belong to the NRA, you have no right to complain because without the NRA, it would be 10 times as bad or worse yet, you couldn't own a gun. We ALL need to support the only organization that protects our rights.
fulldraw
12-27-2005, 07:29 AM
I used to sell guns for a living and my fiance still does and the first thing that I would tell people that even though the ss# is oppotional it is better that you put because if you don't then there is a higher risk of being denied. There is three options when buying a gun approved, hold, and denied. One thing people are not aware of is when put on hold the ATF has three days to call the store if they do not call the store back with an approval or a deny with in three days the store can sell you the gun.
fulldraw
dyemen
12-28-2005, 01:44 AM
Hi Jody,
Welcome to the site......any news yet on your dilema??? Hope the kids had a good Christmas and your boy is enjoying his new gun!
Dave
john warren
12-28-2005, 08:09 AM
yep welcome to our world,,,, next election do your best to get rid of the liberal wackos that cause this stuff,. instead of stopping a good kid from enjoying hunting,, they need to stop some criminals....(read this "fry them in the chair"). and no i don't feel bad if it causes their heads to catch on fire.I am new to this site and also new to hunting, just passed hunter safety last week. I went to buy my son a new 12 gauge shot gun for deer hunting and was denied :mad: . I was shocked because I have never had any conviction for anything, never had restraining order against me, never arrested, never committed to a mental hospital.
My son was crying, he had saved up half the money to buy the gun and was very disappointed.
I have a VERY common name, and am wondering if there is a possibility that there is a person with the same name that is disqualified.
I did put in a written appeal and am waiting to find out what is going on.
But, this is opening up my eyes as to how stupid the background check process is. Don't get me wrong, I know some people shouldn't be allowed to have a gun, but I have NEVER even been arrested, am a working registered nurse and got denied.
MSUICEMAN
12-28-2005, 08:30 AM
yep welcome to our world,,,, next election do your best to get rid of the liberal wackos that cause this stuff,. instead of stopping a good kid from enjoying hunting,, they need to stop some criminals....(read this "fry them in the chair"). and no i don't feel bad if it causes their heads to catch on fire.
while i'm not exactly sure its the liberal wack-jobs that caused this (I don't think background checks are a bad thing, just the implementation of it for 235 million people is a hard task at best, especially with ID theft being such a widespread problem).... don't be too alarmed, a lot of people with secret and top secret clearances have been getting denied too (go figger).
I hope all works out well for ya, i know that identity theft problems can be an absolute bugger sometimes. Follow it through... check your credit rating, make the phone calls, etc. It will work out for you in the end, but you may have to be darn dilligent.
God speed and god bless,
Steve
bambislayer42
12-28-2005, 08:33 PM
Interesting about the security clearance.... I had to get that when the president was in town as we were feeding some of his staff etc, I had to get clearance to get into the secret service hanger at the airport for airforce one. I'm sure thats not exactly military security clearance, but I had to give them info before hand so they could get the clearance.
hey JJ i didnt know the president ate big macs....:lol: :lol: :lol:
Swamp Monster
12-29-2005, 11:09 AM
hey JJ i didnt know the president ate big macs....:lol: :lol: :lol:
LOL!!! It might have been Big Macs if some winner wouldn't have burnt down the local McDonalds that very morning! :lol:
jodyawilson
01-03-2006, 09:25 AM
I finally got my letter from the FBI. Someone with my same name or using my identity was convicted of either a crime punishable of more than one or any state offense classified as a misdemeanor and punishable by a term of improsonment of more than two years.
I get fingerprinted today to prove it wasn't me.
Will keep you informed.
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