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**Update in OP** Voluntary Appeal File (VAF) - Denied Gun Purchase

Posted on 3/29/16 at 7:14 pm
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30890 posts
Posted on 3/29/16 at 7:14 pm
So I went to pick up an AR lower at an FFL today and the background came - denied. I know there is nothing in my background to prevent this. Current job requires periodic background checks with fingerprints to the FBI to maintain clearance.

Anyone ever experience this? How long am I looking at the appeal taking? Any advice? Going in the morning to get a set of prints to send in to the FBI.

TIA

Update: I got my letter from the FBI clearing me after I sent in my fingerprints. Took about 5 weeks. They also gave me a unique PIN to use for future transactions. I was a little worried as I heard some stories off people having to wait 6-12 months to get cleared.
This post was edited on 5/2/16 at 6:38 pm
Posted by m2pro
Member since Nov 2008
28595 posts
Posted on 3/29/16 at 7:22 pm to
The dealer has the right to deny sale for any reason. If for SOME reason you raised their red flag radar, then that's probably why they shut you down. Do you have exposed tattoos or any sort of appearance that could be found disagreeable? Did you talk about something funny or act nervous?

Otherwise, I'd get that background thing cleared up and find out the specifics from that guy as to how you got denied very patiently and politely if they're able to give you that, or if they're compliant with you.
This post was edited on 3/29/16 at 8:05 pm
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30890 posts
Posted on 3/29/16 at 7:37 pm to
Dealer has no idea, response came back when entered in computer.
Posted by bbvdd
Memphis, TN
Member since Jun 2009
24947 posts
Posted on 3/29/16 at 7:38 pm to
He said the background check came back denied. Not the dealer shut it down
Posted by m2pro
Member since Nov 2008
28595 posts
Posted on 3/29/16 at 7:42 pm to
Well, that could just be a sidestep/excuse to avoid drama. I would change any visual element OR conversational methods and just go try elsewhere. If you are denied with the same exact excuse, I'd look into whoever it is you call to clear your own name.

It is not totally surprising that people may become a little fickle with stuff due to all the terrorist infiltration. If you KNOW someone that works at a gun store / sports store like Academy or whatever.. I would talk to them about the process and explain your problem.

If you are legal, you should not keep getting denied your 2nd amendment right to bear arms. I would clean my look up and my verbiage if necessary. :) Good luck.
Posted by m2pro
Member since Nov 2008
28595 posts
Posted on 3/29/16 at 7:44 pm to
quote:

He said the background check came back denied. Not the dealer shut it down



Dealer can just SAY it was denied. It's not illegal to avoid drama by pawning it off on the background check that I'm aware of. And since they have the power to deny that sale for any reason, it seems likely that's a common move on their part.

Example, someone comes in all strung out and shaky and wants to buy a gun? Nah. "Your background check got denied. Try again later."
Posted by kengel2
Team Gun
Member since Mar 2004
30693 posts
Posted on 3/29/16 at 7:44 pm to
Do you have an ffl or have you ever worked with one?
Posted by m2pro
Member since Nov 2008
28595 posts
Posted on 3/29/16 at 7:46 pm to
Negative. Am I about to get schooled?

*edit*

eta: I wouldn't have chimed in if I hadn't felt the information I am regurgitating was super reliable. Of course, there's always being wrong :)
This post was edited on 3/29/16 at 7:48 pm
Posted by kengel2
Team Gun
Member since Mar 2004
30693 posts
Posted on 3/29/16 at 7:55 pm to
No, I was just wondering.

The fbi quit hearing appeals on denied checks this year, so there is no appeal process which is crap.

My bil turned his ffl in so im not in the know anymore. Maybe Carson or sulzer or Igchris can chime in, but ibthink the easiest thing for him to do is get a pin number to make sure he wasn't denied on the future.

LINK
Posted by Shexter
Prairieville
Member since Feb 2014
13851 posts
Posted on 3/29/16 at 8:13 pm to
For privacy reasons, the background check doesn't give the gun salesperson the reason for the denial.
The firearms store should have given you a pamphlet explaining the deny process.
That pamphlet has a phone number that you personally have to call in order to learn the reason for the deny.
When you call that number, they should be able to explain how you can possibly repeal the NICS decision.



quote:

(GunReports.com) — Due to the Privacy Act of 1974, the NICS Section of the FBI cannot provide a reason for a customer’s delay or denial of a gun purchase over the telephone.

If you have had extended delays or have been denied the transfer of a firearm, the FFL should give you a NICS Resolution Card. The FFL should circle the word DELAY or DENIED on the top portion of the card and write the NICS Transaction Number on the line provided on the bottom portion of the card.


quote:

customers without Internet access, you may contact the NICS Section’s Customer Service at 1-877-FBI-NICS (324-6427) for a packet to be sent via U.S. mail.



Posted by Purple Spoon
Hoth
Member since Feb 2005
17771 posts
Posted on 3/29/16 at 8:16 pm to
Could have been too many in process at that particular moment.

Or they found where you cheated on your taxes.
Posted by FromtheVilles
The Burg
Member since Dec 2013
213 posts
Posted on 3/29/16 at 8:23 pm to
I guess my question would be are you a frequent buyer of guns, bought a gun recently or is this your first gun purchase ever or in a long while? There are only so many reasons it can be denied....some more frequent reasons for denials than others. And it could have been something entered incorrectly I suppose.
Posted by m2pro
Member since Nov 2008
28595 posts
Posted on 3/29/16 at 8:34 pm to
Nice. Man. Every forum / board on this website is pretty amazing in terms of always having someone around to shoot some solid information. Super gratifying.
Posted by chinese58
NELA. after 30 years in Dallas.
Member since Jun 2004
30360 posts
Posted on 3/29/16 at 8:53 pm to
Sorry to hear that. I went into a store in Bossier City and bought a 9mm Shield yesterday with no problems. Had never bought a gun before. I was surprised it was that easy.
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30890 posts
Posted on 3/29/16 at 9:01 pm to
quote:

guess my question would be are you a frequent buyer of guns, bought a gun recently or is this your first gun purchase ever or in a long while?


It has been a while since I have bought one but I have probably bought ten to fifteen in my lifetime.
Posted by Propagandalf
Baton Rouge
Member since May 2010
2528 posts
Posted on 3/29/16 at 9:23 pm to
I didnt read all the responses, but if the NICS came back DENY then you should get the NTN code from the dealer and file an appeal. It could be as simple as he entered your social in wrong or hit the wrong year for your birthday or mis-keyed another part of your info. I've also heard stories of dealers getting a deny that switches over to a proceed later. Mistakes happen. If you've never had any trouble with the law, been admitted to a mental institution, dishonorable discharged or had a restraining order (check divorce papers if that applies) on you then you should be good to go. However, until you get the denial cleared up through the appeal form process you will keep getting denied I believe. Google NICS appeal to find the form. Again, you will need the NTN from the transaction and you might as well get a UPIN if you're going to go through the process.

However, if it came back proceed and the dealer decided he didn't feel comfortable selling you the gun he is completely within his right. The ATF tells you when you get your license you are under no obligation to sell anyone a gun and can refuse anyone for whatever reason you see fit.
Posted by Art Vandelay
LOUISIANA
Member since Sep 2005
10691 posts
Posted on 3/29/16 at 9:27 pm to
I'm assuming you are 21?
Posted by Propagandalf
Baton Rouge
Member since May 2010
2528 posts
Posted on 3/29/16 at 9:48 pm to
It won't let you run a NICS check on someone for a handgun/other unless their birthday indicates they're 21+. If you tried to run a NICS check on someone who was under age you would just get an error message. Persons 18-20 are only permitted to buy shotguns and rifles (long guns option on NICS).
This post was edited on 3/29/16 at 9:52 pm
Posted by artompkins
Orange Beach, Al
Member since May 2010
5613 posts
Posted on 3/30/16 at 4:29 am to
quote:

I know there is nothing in my background to prevent this.


Ever got a DUI anywhere? While these are not technically felonies they are often entered in the system and looked at that way due to the prison time and fines one could get. I have a buddy that's had a dui and he get's denied every time due to this, files his appeal and gets his gun a few days later.
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30890 posts
Posted on 3/30/16 at 6:37 am to
quote:

Ever got a DUI anywhere?


No. Absolutely no wrong doing in past outside of a speeding ticket over 30 years ago. Have never been arrested, no divorces, no mental institutions, no dishonorable discharge, etc.
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