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VAF UPIN denied

Posted on 11/13/17 at 7:27 pm
Posted by TUGBOATx913x
Member since Nov 2017
2 posts
Posted on 11/13/17 at 7:27 pm
New here, worried and confused.

Long story short I messed up at 17. Finally arrested at 18(now 33) Charges resulted in 5 year firearm ban.

I've been purchasing firearms for a couple years now and ALWAYS get held for review. 3 days later I get the green light to proceed with purchase.

Was told to apply for a upin to avoid the delay. I got a reply today saying that there is "potentially prohibitive information" in my record.

I passed the background check for a ruger ar556 about a month and a half before I applied for the upin.

Does this mean I just can't have a upin but still can legally own firearms? Has a mistake been made to allow me to pass a background check for 7 firearms?

I've looked for a way to call and speak to someone but all I can find are tip hotlines. Considered a lawyer but can't afford the prices.

Hoping to find someone in a similar situation. I'm in the state of Kansas if that somehow helps lol. Appreciate any help. Thanks
Posted by Stexas
SWLA
Member since May 2013
5992 posts
Posted on 11/14/17 at 10:29 am to
no experience with it...

best of luck figuring it all out.
Posted by Propagandalf
Baton Rouge
Member since May 2010
2528 posts
Posted on 11/14/17 at 12:31 pm to
quote:

Long story short I messed up at 17. Finally arrested at 18(now 33) Charges resulted in 5 year firearm ban.


Was this a federal charge? While some states recognize an individuals ability to regain firearm rights, the federal govt does not. So, you would definitely need an attourney that specializes in this to handle that for you.

quote:

I've been purchasing firearms for a couple years now and ALWAYS get held for review. 3 days later I get the green light to proceed with purchase.


If there was a way to see how many prohibited people are transferred firearms people would be amozed at how high the number is. First, NICS is not a database of everyone. It is a database of potenitally prohibited people. An arrest and charge like you mentioned would get you in that database. However, sometimes these records are incomplete. For instance, you name could pop up for your arrest and charge, but have no disposition from the court. This is why it goes to delay, so that the FBI can send a request to the court for more information. However, since most coursts are highly understaffed a lot of them have stacks of un attended to request. Since the FBI does not receive the information they are looking for in the mandated 3 days, the dealer is then able to transfer the firearm to you. However, this is not a PROCEED, it is a "well we ran out of time so go ahead while we wait on that info to come back".

quote:

Was told to apply for a upin to avoid the delay. I got a reply today saying that there is "potentially prohibitive information" in my record.

I passed the background check for a ruger ar556 about a month and a half before I applied for the upin.

Does this mean I just can't have a upin but still can legally own firearms?


The UPIN does not always avoid a delay. Best way to avoid a delay is to get you CHP if you are in an area that allows it do be used in place of running a background check. The few people that I know that have request a UPIN have been given the exact reason why they get flagged everytime. The fact that your reason is very ambigious makes me think again that they just can't get the information they are looking for. As for, if you are prohibited now there's really no way to answer that since the FBI doesn't even know. Can you still buy firearms? Probably, since they are unable to nail down if you are prohibited or not. Of course, you still have the question hanging over head if a court ever decided to look into your previous record to see if you are prohibited or not and it turns out that you are then this could lead to additional charges.

I guess if you want to pursue it then you need to find out what information they need to determine if you are in fact prohibited or not. The go to the clerk of court and figure out how to get those documents. If you can't get them on the phone you can write them a letter:

Federal Bureau of Investigation
Criminal Justice Information Services Division
National Instant Criminal Background Check System Section
Appeal Services Team, Module D-1
Post Office Box 4278
Clarksburg, WV 26302-4278
Posted by TUGBOATx913x
Member since Nov 2017
2 posts
Posted on 11/14/17 at 6:34 pm to
Was a state felony charge the could of resulted in up to a year in prison.1 misdemeanor charge of domestic battery(against little brother) but wasn't convicted. On the form I fill out states that felonies that exceeded 1 year prohibits firearm ownership for life unless your record is expunged.

Think I'm going to go through the process of getting my record expunged. Everything I've read about these laws says im legal to own on a state and federal level but this denial has me concerned.

Thanks for the replies.
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