Failed background check

[tbradnc]

Hi All - first post and wish it was about my new pistol instead of being a failed background check.

I'm 55, haven't had so much as a speeding ticket in 30 years, I bought a .380 for my wife 3 years ago and this past December (less than 2 months ago) I got my Tennessee handgun carry permit.

Today I went to the LGS and tried to buy a pistol and failed the background check.   I was shocked, came home, and after thinking about it figured that it *had* to be a mistake made by the clerk at the store so I went to another store (further away, lower price) and tried again.   I was denied a second time.

I have absolutely no idea what could be going on.   I have a 100% clean record - spotless and I'm sure of it.   Like I said above, I passed a background check and bought a .380 a few years ago.    The 2nd gun store faxed in the appeal form for me and told me I might hear something by next week.  

Anyone have any ideas what could be going on?

Edited February 12, 2017 by tbradnc

[Ugly]

Welcome and you should file an appeal (I think that's what it's called). It could be that they have you mistaken or more likely, re screened your past and if they found anything that wasn't clear since your youth just denied it if they couldn't get a definitive answer. I've seen that happen. 

The first seller should have offered to do that, as well as the second.  

I would go back to the last one and have them send it in. 

Otherwise, consult a lawyer and pay up to have it remedied. 

Good luck!

 

 

[tbradnc]

Thanks - the 2nd store faxed the appeal in for me so now it's a wait-and-see thing.    I'm pretty upset about it.

I guess at the end of the day I could get my son to buy the gun and buy it from him.   I've got a valid handgun permit but still....  

[Ugly]

Just wait and see. Otherwise it could be a shady deal! If you are legal, then fix the problem first, there should be no rush except for gotta have it now syndrome

[eRay]

As an exdealer I can tell you this happens far more often than you might think. I probably had 5% denied. Of those probably 80% were cleared up within a week. Don't worry too much about it. There is a good chance it will clear itself up within a week.

[Camaro_nut2001]

Hello and welcome to TGO. This happened to me on my last gun purchase, an AK47 at Bud's Gun Store when I thought we were gonna have a different president elected, and I also have my HCP and a very clean record. A couple of days went by and I ran across an AK on Armslist at a good price and bought it. Low and behold about 3 days later Bud's calls and says it has been overturned and I can come pick my gun up. I am a Man of my word so I now have two, lol. I asked the super nice feller at Bud's what the problem was, when I went to pick up my second AK lol, and he said it was probably an error on the clerk entering a number wrong but couldn't tell me for sure and gave me a number to call. I called the number, spoke to a couple of different people but nobody could tell me why I got denied nor why it was overturned. To this day I don't know, and may never know, but if it happens again I will find out and get it cleared up if I have to hire an attorney. Good luck to you.

[tbradnc]

I know this is a reach and probably not it but I have my credit frozen with equifax, experian, and transunion to prevent identity theft - that can't be it can it?   It's the only thing I can come up with.   I've spent some time searching for this and can't find anything so probably not.

I'm 55 years old and the worse thing on my record is a speeding ticket 30 years ago.  

That I failed 2 background checks in one day indicates that the first one wasn't a data entry mistake.

Edited February 12, 2017 by tbradnc

[Camaro_nut2001]

You know that might just be it as doing anything with your credit involves your SSN and your SSN is your identity. I will keep my thoughts positive for you and please let us know the final outcome.

[DaveTN]

The two common reasons (besides the obvious) is an arrest that doesn’t show a disposition, or an identity problem. Did you use your social security number? If you have never been arrested it almost has to be an identity issue.

A few of us here have been through this. It’s hard to get information from TBI, but that is who will have to address your concerns.

[runco]

I say the Russians hacked you! 

[tbradnc]

 I placed a 30 day lift on my credit reports in case that had something to do with it but that's probably like shutting the barn door after the cows are out.

The first application I used my SSN.   The second application I didn't.    I'm going to guess that the 2nd application was automatically denied because the first was. (based on DL number).

Now I guess I'll just have to wait it out.

[tbradnc]

21 minutes ago, runco said:

I say the Russians hacked you! 

There is a greater chance that the Russians hacked me than there is a valid reason for failing a background check.  

[DaveTN]

8 minutes ago, tbradnc said:

 I placed a 30 day lift on my credit reports in case that had something to do with it but that's probably like shutting the barn door after the cows are out.

The first application I used my SSN.   The second application I didn't.    I'm going to guess that the 2nd application was automatically denied because the first was. (based on DL number).

Now I guess I'll just have to wait it out.

I don't think your credit has anything to do with it. 

Here is a link to some FAQ's about it. There is a phone number at the bottom of the page.

https://tn.gov/tbi/article/firearm-background-checks-faqs

 

[Camaro_nut2001]

8 minutes ago, DaveTN said:

I don't think your credit has anything to do with it. 

Here is a link to some FAQ's about it. There is a phone number at the bottom of the page.

https://tn.gov/tbi/article/firearm-background-checks-faqs

 

Thanks for the link Dave!!

[tbradnc]

Yes, thanks for the link - I read that yesterday.   

At this point I'll just have to wait it out.   The appeal was faxed yesterday and since I have absolutely no reason to be denied there is a 100% chance that this can be cleared up one way or the other.

It's just irritating you know...  I got my carry permit in December and have spent the last 2 months deciding on a pistol and when I'm ready to buy one this happens...   

[DaveTN]

11 minutes ago, Camaro_nut2001 said:

Thanks for the link Dave!!

You are welcome. I’ve been through this myself. The TBI was pretty much worthless, saying they couldn’t give me any specific information and even though the denials were overturned they can’t keep records. Believe it or not the BATF was who helped me. They told me exactly what was going on and how to fix it.

[bud]

.

Edited May 30, 2017 by bud

[tnhawk]

During the 50+ purchases I have made I have had this happen a few times.  In TN each was cleared within a few days.  In GA the hold was cleared in a few hours.

[tbradnc]

I appreciate everyone's comments and I'll be sure and post an update when the situation is resolved.   Damn.

[tbradnc]

Wanted to add this bit of info.   I ordered a background check directly from the TBI yesterday.    They emailed me the results this morning and "The Tennessee Bureau of Investigation found no Tennessee criminal history based on the information provided."

Since I've only lived in TN and haven't been anywhere else it seems unlikely the Feds would have anything different.   

[JayC]

TBI has a horrible false positive rate, more than twice the NICS system...  You should call your legislators and complain that we're wasting $10 on background checks and they're much more likely to deny somebody the who isn't prohibited than somebody who is...  We'd be better off going to the national system which is free.

[tbradnc]

Still waitin.

[Pain103]

 I wonder sometimes if it could be a partial match that causes the failures. I know I've ran people for warrants through NCIC and will get a hit from a partial match something like DOB match, alias matches this person's real name, or some other stupid stuff and you have to read through like two pages of crap because a date of birth matched the wanted person is who named something crazy when the person stopped is named Tom Smith.

[JayC]

On 2/17/2017 at 4:32 PM, Pain103 said:

 I wonder sometimes if it could be a partial match that causes the failures. I know I've ran people for warrants through NCIC and will get a hit from a partial match something like DOB match, alias matches this person's real name, or some other stupid stuff and you have to read through like two pages of crap because a date of birth matched the wanted person is who named something crazy when the person stopped is named Tom Smith.

I have a buddy who has a valid TN HCP, and every time he goes to buy a firearm in TN he gets rejected, and he has to appeal.  When TBI gets the appeal it's approved every time without them requesting that he provide any documentation, that is except for the couple of times they just loose the appeal, and he has to call and hound them to process it.

Now how exactly does he get a HCP but can't pass the background check to purchase a firearm?  BTW, never been arrested, no warrants ever issued, no valid reason what so ever to deny him.  But he's grow so accustom to the problem that he warns the gun dealer before starting the purchase that it will get denied and it's a mistake, the appeal will go through in 7 to 10 days.  

His main frustration is that they can't be bothered to update their records to note the 'issue' has been resolved in a previous appeal?!?!

And we all get to pay extra for firearms in TN for this crappy service?  BTW which is likely unconstitutional under the state constitution!

[DaveTN]

TBI would probably like nothing better than to be able to keep records. My understanding is (although I haven’t checked) it’s illegal.

They should HAVE to explain to him why he is being denied. But they don’t.