Ccw possible denial, what to do next.

[Kevinhil]

Hello all.

Just trying to have a plan laid out. About 70% of the time when I go to purchase a firearm I get denied, then I appeal it. Then 80% of the time it gets over turned and approved. 20% of the time is a conditional proceed.

Ok, that said I'm going next month when I get home I'm planning on getting my ccw. I'm confident in my ability to pass the class, but what do I do if I'm denied the ccw? Is there an appeal process to that?

Also I'm an over the road truck driver with hazmat endorsement so I have to pass that background check as well. Just had some issues in Maryland 18 years ago but they never answer the phone when TBI calls to get clarification that the case was dropped.

Edited May 6, 2020 by Kevinhil

[DaveTN]

I went through the same thing. I was arrested 30 years ago in Illinois for having a gun in my car. The case was dismissed. I never had any trouble buying guns in other states for 20 years, until I came to Tennessee. Twice I was turned down, and then approved on appeal. TBI told me they weren’t allowed to tell me what the charge was. I told them what the charge was, where it was, that it was a misdemeanor that was dismissed, but even f it hadn’t been dismissed it wouldn’t be a disqualifier. They told me it could be a felony in Tennessee.

The TBI either couldn’t tell me or didn’t want to tell me how to fix the problem. Illinois said they weren’t reporting anything to Tennessee other than a speeding ticket. So, it must have been the FBI background check.

For nearly the price of an FBI background check on myself, I could apply for a C&R FFL, which includes a background check. I did that. They sent me a letter explaining that my arrest in Illinois, didn’t show a disposition. They went on to explain I needed to contact the Circuit Clerks office in the county of the arrest and get a notarized copy of the court records showing the dismissal and submit that. I did that 10 years ago. I have purchased many guns retail and have never had a problem since. I also sent a copy to the BATF and got my C&R FFL. I was glad they took the time to explain what was going on and how to fix it, instead of being azzhats like the TBI.

The lady at the Circuit Clerks Office told my daughter she would resubmit the dismissal to the Feds but gave her a couple of extra copies of the paperwork, because she said this happens all the time.

So, even though the charges were dismissed, it may be that the dismissal never got reported. Apparently, the other states I was in saw it was a misdemeanor and allowed the purchases, the TBI did not.

So, the bottom line is you have to find out whats going on and fix it. The TBI might help you. They didn't help me, but that was over 10 years ago, maybe things have changed.

Edited May 6, 2020 by DaveTN

[midtennchip]

Dave's situation is pretty common, actually.  If you know you don't have a disqualifying conviction, it is typically one of two things:  (i) a charge that is not showing a disposition (like Dave's) or (ii) someone with a similar name is popping up on your record.  The first is much more common, particularly if an arrest occurred many years ago.  As many states began computerized reporting, they spent time entering old records and mistakes in entries became pretty common.  

On a similar note, I have seen several instances where someone was involuntarily committed for a mental evaluation at some point in the past.  Sometimes those show up with a teenage who was having trouble at home, other times it is more serious.  However, after the Virginia Tech shooting, those things started getting reported to the FBI too.  Errors showed up in those records, as well.

In both cases, you HAVE to deal with the problem in the court where the charge/entry occurred.  I get several calls a month from people wanting to fix the issue in TN, even though the charge/entry is from another state.  TN courts have no authority to fix any of that stuff unless it is in TN.  Unfortunately, even when it is a TN charge/entry, TN's laws for fixing some of these issues are not great and can't be dealt with as easily as other states (for example, Washington state and Ohio - among others - that have specific laws allowing corrections, expungements, or restoration of rights).

If your issue does not actually prohibit you and cannot be fixed otherwise (like someone else's record showing up on your record), there is a federal program (called the Voluntary Appeal File or VAF) that will set up a unique identifier number (sort of a SSN for firearms purposes).  Those typically resolve these issues when nothing else will.

Edited May 9, 2020 by midtennchip

[One1]

I haven’t been denied, but i made sure to fill out the optional boxes of extra information they have when you apply to reduce the risk of someone with the same name slowing the process down. About ten years ago a nutjob in a state on the east coast made national news and not only did he have the same name, he is supposedly 10 months or so within my exact age. More than enough to at least have it pop up during the check. I suggest always filling in the optional info. 
 

edit: to add to that, by filling out the optional info my application was completely done in 2 days as you can see here. Not 48 hours after visiting the dmv i had 3 checkmarks. 1 day later the card was in the mail.  Total time 4 days.  This was for enhanced of course. 
 

(click for image then click again to enlarge)

 

 

Edited May 12, 2020 by One1

[tnhawk]

During the last few years on several occasions I would get a denial on a gun purchase which would later be approved.  This problem occurred even though I was cleared and have a valid HCP.  After the last time this happened, I completed a Voluntary Appeal File Form, obtained fingerprints and after a year wait was issued a UPIN.  I haven't been denied on a purchase since receiving the UPIN.