Armory Sponsor
Posted: 8/2/2017 2:49:17 PM EDT
| I was recently denied a firearm transfer. The reason was a charge that was dismissed about 6 years ago. I got my finger prints rolled and sent them in with the dismissal paperwork from the case to start the NICS appeals process. It has been a little over a month and I haven't heard anything from them and cant ever get through to a person to talk to when I call. The recording says they are working on appeals from Aug 2015. Does anyone have an estimate on how long I am going to have to wait for them to process my appeal or anything else I can do in order to speed up the process? |
| It could take upwards of a year for the process to jump through all the hoops and come to a final determination.... Unfortunately there are some items that you can be charged with and even if it is dismissed they can and often times still deny you. I have a buddy who is currently going through a court case with them over a bogus domestic violence charge that was dismissed after the courts figured out his ex-wife lied to get a restraining order against him while he was going through a divorce. |
| I didn't realize it could take up to a year. I didn't think there would be any reason for me to be denied. I have purchased two suppressors and will be soon filling out the form 4s. Will this denial cause those to be rejected and I need to re fill out the form 4s after this denial is overturned? I found online that along with the UPIN, if I get my CCL I could do a transfer without a NICS check. But does applying for a CCL not require a NICS check or does it use something else? |
|
If you could get a Kansas (i think that's where you live) permit, you should be exempt from the NICS check for a firearm purchase. For transfers of NFA firearms (Suppressors, SBRs, SBS, machine guns, etc) no NICS check is conducted because the ATF does your background check (even if you have a permit). on the 4473, the dealer documents your NICS check, or the reason he didn't do one on you. He can choose the line that documents your CHL permit or that the transfer is for an NFA firearm (again, ATF did your background check). So, if they (ATF) turnyou down, I think you're hosed. there are different scenarios where you could recover your purchase money, but I don't think there's a way to get your toys unless you get all cleared up in the system.
Permanent Brady Permit Chart Prepared by: ATF Office of Enforcement Programs and Services. Last updated: May 10, 2017 Note: Notwithstanding the dates set forth below, permits qualify as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. The permit must be valid under State law in order to qualify as a Brady alternative. State / TerritoryQualifying Permits AlabamaConcealed weapons permit issued on or after August 1, 2013, qualifies as an alternative to the background check requirement. AlaskaConcealed weapons permits marked NICS-Exempt American SamoaNone ArizonaConcealed weapons permits qualify. ArkansasConcealed weapons permits issued on or after April 1, 1999 qualify. * CaliforniaEntertainment Firearms Permit only ColoradoNone ConnecticutNone DelawareNone * District of ColumbiaNone * FloridaNone * GeorgiaGeorgia firearms licenses qualify. GuamNone * HawaiiPermits to acquire and licenses to carry qualify. IdahoConcealed weapons permits qualify. IllinoisNone IndianaNone IowaPermits to acquire and permits to carry concealed weapons qualify. KansasConcealed handgun licenses issued on or after July 1, 2010 qualify as alternatives to the background check. KentuckyConcealed Deadly Weapons License (CDW) and Judicial Special Status CDW issued on or after July 12, 2006 qualify. LouisianaConcealed handgun permits issued on or after March 9, 2015 qualify. MaineNone * MarylandNone * MassachusettsNone * MichiganLicenses to Purchase a Pistol qualify. Concealed Pistol Licenses (CPLs) issued on or after November 22, 2005, qualify as an alternative to a National Instant Criminal Background Check System (NICS) check. CPLs issued prior to November 22, 2005 and Temporary Concealed Pistol Licenses do not qualify as NICS alternative. Minnesota Permit to Carry issued on or after August, 1 2014 with an expiration date on or after August 1, 2019. MississippiLicense to carry concealed pistol or revolver issued to individuals under Miss. Stat. Ann. § 45-9-101 qualify. (NOTE: security guard permits issued under Miss. Stat. Ann. §97-37-7 do not qualify). MissouriNone * MontanaConcealed weapons permits qualify. NebraskaConcealed handgun permit qualifies as an alternative. Handgun purchase certificates qualify. NevadaConcealed carry permit issued on or after July 1, 2011, qualify. New HampshireNone New JerseyNone New MexicoNone New YorkNone North CarolinaPermits to purchase a handgun and concealed handgun permits qualify. North DakotaConcealed weapons permits issued on or after December 1, 1999 qualify. * Northern Mariana IslandsNone OhioConcealed weapons permits issued on or after March 23, 2015, qualifies as an alternative to the background check requirements. OklahomaNone * OregonNone * PennsylvaniaNone Puerto RicoNone Rhode IslandNone South CarolinaConcealed weapons permits qualify. South Dakota Gold Card Concealed Pistol Permits and Enhanced Permits to Carry a Concealed Pistol issued on or after January 1, 2017. TennesseeNone TexasConcealed weapons permits qualify. U.S. Virgin IslandsNone UtahConcealed weapons permits qualify. VermontNone VirginiaNone WashingtonConcealed pistol license issued on or after July 22, 2011 qualify. West VirginiaConcealed handgun license issued on or after June 4, 2014 qualify. WisconsinNone WyomingConcealed weapons permits qualify. * While certain permits issued in these states prior to November 30, 1998 were “grandfathered” as Brady alternatives, none of these grandfathered permits would still be valid under State law as of November 30, 2003. |
|
Quoted:
But does applying for a CCL not require a NICS check or does it use something else? I may not be understanding your timeline... You had a charge dismissed 6 years ago, and the next firearms you purchased were 2 silencers (recently), then later a Title I (normal) firearm, which resulted in a denial on the 4473. You then submitted your appeal. Is this accurate? Did the FBI advise (in writing) that was the reason for the denial? If not... Since the dismissal of the charge 6 years ago, have you been arrested for domestic violence (including misdemeanors), or served with a restraining/protective order? Could you possibly have unresolved traffic citations? Concealed handgun permit applications do not use NICS. They use NCIC, which yields identical results on your end. NICS was developed just for FFLs so they won't see the NCIC return data. I'd probably get my money back for the silencers if possible. Newer models are likely to come out by the time this is resolved. These are the 12 reasons for NICS denials: https://www.fbi.gov/file-repository/federal_denials.pdf/view |
|
Quoted:
If that voicemail is accurate, then I suspect it'll take close to 2 years. I don't think the volume of appeals has fluctuated significantly in the last 2 years. I may not be understanding your timeline... You had a charge dismissed 6 years ago, and the next firearms you purchased were 2 silencers (recently), then later a Title I (normal) firearm, which resulted in a denial on the 4473. You then submitted your appeal. Is this accurate? Charge was dismissed. About a year later I got delayed for 2 AR lowers. Was contacted by the ATF and explained that the charge was dismissed. The guy I talked to called me back and told me to go pick them up and there was no problem. I bought 2 suppressors that are transferring from another dealer out of state to a local dealer. I haven't filed the form 4s yet. I purchased a rifle that was sent to a different FFL and was denied on the transfer. I started an appeal with NICS, received an email from the NICS appeal saying I was flagged for being under indictment or information for a crime with possible punishment of prision for more than a year. I called the ATF and they told me it was denied for the charge from 6 yrs ago. I explained it was dismissed and they said it probably wasn't updated in the NICS system. I sent in fingerprints and paperwork saying the charged was dismissed to NICS and haven't heard anything back from them yet. I tried to call and can't get anyone to talk to. Did the FBI advise (in writing) that was the reason for the denial? ATF told me when I called them. If not... Since the dismissal of the charge 6 years ago, have you been arrested for domestic violence (including misdemeanors), or served with a restraining/protective order? Could you possibly have unresolved traffic citations? Nothing since then. Concealed handgun permit applications do not use NICS. They use NCIC, which yields identical results on your end. NICS was developed just for FFLs so they won't see the NCIC return data. I'd probably get my money back for the silencers if possible. Newer models are likely to come out by the time this is resolved. These are the 12 reasons for NICS denials: https://www.fbi.gov/file-repository/federal_denials.pdf/view |
(Yes, I know that's doing something).
Armory Sponsor