View Full Version : Denied background check
Cotho_knives
05-27-2016, 12:07 AM
I just recently was denied an ar 15 lower receiver due to a denied background check. I have never been denied in the past and just bought my second handgun last November with no problems. I have done nothing since then either to revoke my right to own a firearm. I'm under the impression that thanks to our good friend Obama no appeals are being done at this time. I have requested to get a reason why I was denied from the NICS but have heard nothing back. I guess my question is what am I to do in this situation? Any suggestions would be great. Also sorry if this is posted in the wrong place. Please and thank you!
You can appeal the decision of your background check on this link — NICS Appeal Request Form (https://forms.fbi.gov/nics-appeal-request-form)
Just to name a few things that will get you denied (passing before means nothing because they may have missed something in the past that they didn't miss this time) are any felony convictions, domestic violence convictions, some forms of restraining orders, certain mental health issues, immigration status, etc. It could also just be something as simple as a typo on either the dealers end (if they do e-nics) or the FBIs end.
Having a frivolous failure isn't unheard of. It is a pretty big system that looks at millions of people a year so there are a few here and there that get screwed up. When you appeal though, keep in mind that it is a government entity you're working with so results will be slower than molasses.
Personally if I knew that I were legal to own a gun and I was denied, I would probably appeal it and just buy the gun I wanted on the private used market instead of waiting for the FBI to eventually process my appeal. You have to be sure that you're OK to purchase a gun before you go that route though because you open yourself up to legal charges if you're not (but you also open yourself up to charges by owning what you already have too).
Do you have any kind of criminal history at all?
Cotho_knives
05-27-2016, 11:53 AM
When I was younger I was caught with marijuana. Whenever I fill out a 4473 I usually let the retailer know and they never have had problems and they help me fill out the forM so it's correct. Took the necessary steps to get the charge knocked down to a misdemeanor (passed multiple drug tests,paid fines, and attended various classes). I could see how this could be linked to it somehow. An attorney that specializes in 2nd ammendment rights I spoke to on the phone said that should not cause any trouble at all especially since i have bought firearms before. But since then I have been clean as a whistle and have not done anything to endanger my rights. I was thinking about a private sale but like you said I want to make sure everything is right before I go that route but the NICS has yet to respond with a reason for the denial. I even stopped carrying my handgun since this happened just to be safe. It looks as if the appeals process isnt really a thing anymore. From what I was reading earlier this year Obama stopped all the funding for the NICS and had them just running backgrounds and not focusing on appeals. So I am worried that if I tried to go that route it could take months even years. Was thinking about trying again at a different retailer to see if it was just a small typo mistake that I made on the 4473 or through the e-nics. Thanks for the help and response so far!
billt460
11-03-2016, 07:55 AM
This is why I have a Arizona Concealed Carry Permit, even though you can legally carry both concealed or open without one. It exempts you from that stupid "Insta-Check" system that is designed to fail. Even so I was denied the purchase of 3 M1 Garand rifles from the CMP, because my background check came up "Delayed", not denied. I sent a copy of my Arizona CCW to them, along with all the other information required and notarized, as per their rules when I ordered the rifles. So there was no reason to even run the background check in the first place. According to the law, if a background check comes up "Delayed", and there is no further contact to the seller by law enforcement after 24 hours, the sale can legally proceed. The CMP still denied it. I'm through trying to purchase anything from that organization. They over complicate everything by setting their own rules, instead of going by what the BATF puts forth for everyone else to operate under. In short they're a PITA.
Cerberus66
11-04-2016, 02:05 PM
FBI is denying them at an alarming rate right now. ANYTHING they see will raise the "SIMILAR" attributes denial. You will have to get a UPIN and get your finger prints done and do a VAF.
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