A Georgian's tale of appealing a NICS denial

Discussion in 'National Laws, Bills and Politics' started by mzmtg, Oct 29, 2007.

  1. mzmtg

    mzmtg Active Member

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    Original thread on THR: http://thehighroad.org/showthread.php?t=312059

    Here's the story:
     
  2. budder

    budder Moderator Staff Member

    Ugh. I hope he never gives that store more business.
     

  3. Thorsen

    Thorsen New Member

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    Ummm ..... wow.
     
  4. ber950

    ber950 Active Member

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    I just can't see where the store owner is at fault here.
     
  5. ptsmith24

    ptsmith24 New Member

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    Maybe butters is talking about:

    ?
     
  6. budder

    budder Moderator Staff Member

    ptsmith got it right on the head. There's no reason to immediately judge the guy. I certainly wouldn't give that shop any future business.
     
  7. Axeman

    Axeman New Member

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    :foilhat: Man that sucks.

    I am glad he got is right but, it scares me to know it could happen to any of us.
     
  8. blind_shake

    blind_shake Well-Known Member

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    just keep those DOCs on you at all times.
     
  9. ber950

    ber950 Active Member

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    Haven't worked in a gun shop before :?: When somebody gets a delay thats no big deal. When someone gets a denial there is a reason. This case is the exception not the rule. Most of the time its because of a dismissed charge. If he had applied for a carry permit he would have found it out that way. At least one local shop charges you if you fail the background check. Cuts down on the lets just see if I can pass clientèle
     
  10. tace

    tace New Member

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    It could be much worse. For example if you are dealing with immigration issues and they make a mistake, you either have no recourse or they won't even talk to you about it until you file a lawsuit.

    Sometimes it is tough to be a law abiding citizen in this country
     
  11. LonelyMachines

    LonelyMachines Guest

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    The store manager could have been a bit more empathetic. That said, I've been in his position. All you can do is hand the customer the pamphlet for the appeal process and wish them luck.

    FWIW, they don't tell us why someone was delayed/denied, nor can we legally release the gun, no matter how well we know the person. The person at the FBI is just a clerk typing stuff in according to a script; they don't have any real knowledge of the overlying system.

    I knew one guy who had a sealed juvenile record for misdemeanor possession (he's 53 now), and it got him denied. It took him 11 months to get it resolved. A close friend of mine just got denied, and he's fighting his was through the process now. He's appealed to local senators and the NRA for assistance, and it's still looking to be an uphill battle.

    The kicker? He's law enforcement and has a Class III license.

    (There was a period a couple of years back when the GFL didn't exempt you from background checks, and I found out I always get delayed. I have no idea why.)

    A couple of things: first off, I strongly suggest getting a GFL to avoid the whole mess. I have a friend who's GBI, and he gets delayed for 3-4 days every time.

    If you don't have a GFL, supply your social. Delays seem to be MUCH rarer if you do. It won't be given out; I'd go to Federal prison for that.

    Last, don't blaze through the 4473. When I call, I'm reading off what you wrote. Make sure you double-check your answers and write clearly. I've several times had people get a delay, and they've looked at the form and said, "Oops, I wrote in the wrong Social, place of birth, etc."

    From what I've seen, contesting a denial is a royal PITA. The victim has to do all the legwork, and there's no review board or legal recourse. The whole process seems designed to discourage appeals by making them as hard as humanly possible.
     
  12. Gunstar1

    Gunstar1 Administrator

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    He doesn't say the gun store or the amount of sales vs. denials so I can say for sure, but if they have been open for 10 years and get 10 denials a year, that is 1 in 100 that he was not a criminal.

    I would have assumed he was a criminal as well.
     
  13. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    He said it was a drug felony and that he was getting it reduced to a misdemeanor. A drug misdemeanor is still a disqualifier for a GFL (for life). Does it not disqualify one from purchasing under federal law?

    Nope.

    http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm
     
  14. merlock

    merlock Active Member

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    Well, he got lucky if he only paid a $33 fine for a misdemeanor drug conviction.
     
  15. ls1ssdavid

    ls1ssdavid New Member

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    WOW so much for his departments background check huh? They didn't "catch" the same thing the NICS did? Even though I'm sure it was nothing and he did nothing wrong. But they didn't catch something that basic, on a NICS check?
     
  16. Gunstar1

    Gunstar1 Administrator

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    It's possible someplace went computerized and screwed up the record after he joined.

    However you could be correct... A prohibited person (lied on app and had anothers fingerprints) joined the force near here and only got found out when he tried to change departments.
     
  17. LonelyMachines

    LonelyMachines Guest

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    That seems to be most likely. He's got a very common name, and identity theft is another thing to consider.

    He was with Rockdale. Turns out he'd used his son's fingerprints and social, and he had a prior for kidnapping. Funniest part is, he holds the record for the biggest drug bust in Rockdale county history.

    I forget his name, but he bought guns from our shop. We found out when the ATF came in wanting us to pull the sales records.
     
  18. ptsmith24

    ptsmith24 New Member

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    I'm glad this was used for a legitimate investigation. It scares me otherwise. I mean, you can't deny giving them the records for any reason, correct? Like if they decided they wanted the information on a bunch of gun owners...
     
  19. Gunstar1

    Gunstar1 Administrator

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    Rockmart

    http://news.mywebpal.com/partners/680/p ... 78649.html