TICS Denied

[syztym]

Hello everyone. 

New member here. Recently a new gun owner. Sorry for the wall of text, but I wanted to provide as much info as I could.

On June 2nd, I had purchased a M&P Shield at a "big box" FFL. The transaction went smooth. Took about 30 minutes or so for the background to run, as they were pretty busy. It came back approved, and I walked out that day with the handgun. 

Just over 2 weeks later on June 18th, I went to purchase a Glock 45 from an FFL in Franklin. I was denied. I filled out the appeal, and the FFL submitted it the next day on the 19th. 

Today is the 25th, and the FFL still hasn't got a response.

As far as myself, I have never been convicted of any felonies. I have had 3 misdemeanor convictions(DUIs), all with a maximum of 11/29 or less. I have no domestics, no restraining orders, no mental health issues, no outstanding court cases, and I was born and raised in TN. I am an openly recovering alcoholic with 7 years of sobriety. Not sure if that can affect me, since I am obviously not under any controlled substance.  

Before learning about the TICS system, I started looking into NICS. I went to the NICS website, and requested a denied reason.

The response I received was: "The descriptive information you provided the Federal Firearms Licensee was compared to and matched information in a prohibiting record(s) containing a similar name and descriptive information". It then goes on to state: "If you wish to further your challenge or contest whether the record is associated with you, a set of your rolled fingerprints must be submitted."

I do know through public records that there is another person in Davidson Co with my name who is a convicted felon. However, I did provide my SSN for the background.

Once again, this was the response through NICS, not TICS.

I mentioned this to the FFL, and the FFL stated he has never needed to do fingerprints for an appeal. He also stated denials happen often, and is usually overturned upon appeal. I asked him if I should still go ahead and get my fingerprints, he said he wouldn't worry about it. This FFL is a pretty well known place in Franklin (not sure if I can name drop in this forum). I also know that the FFL will not release on a condition proceed. The FFL is holding the gun for 30 days during the appeal. The FFL also said I can try again after the 30 days.

Any info or advice to this situation will be greatly appreciated. I also am aware of a UPIN, which I plan to get, but this doesn't resolve the immediate issue. As I said, just over 2 weeks before I was denied, I had been approved for a different purchase. I don't know if I am just freaking out because I am new to all this, or if I should be concerned.

Edited June 26, 2020 by syztym

[Smith]

Typically, the inital TICS check flags anything that might be suspect, like two names, one with a felony and issue a denial. Usually, in these cases, the appeal will actual verify you using the social, address, etc and get overturned. 

If you consistently get denied you will have to submit your fingerprints to keep on file and they will them give you a number that you will enter on all future TICS forms to clear the issue.

It's debated, but I've have seen denials based on DUI's. It's murky but does happen, although it's inconsistent.

Best thing, is to see how the appeal goes and then you'll have a better idea.

Edited June 29, 2020 by Smith

[WildlifeRefugee]

Good morning all-
I was denied by TICS, 3 weeks ago, and appealed the same day by FAX. No word from TICS, or the FFL holding my handgun. TICS gives a recorded message, and the FFL is now saying "5 weeks" for the appeal process, when they started out saying "14 days."
Does anyone else believe that this is an obvious 2A infringement? I argue that any municipal entity that presumes to deny my rights should be liable for civil action when they cannot meet the terms of their civil charter. Further, they should be required to contact me weekly to provide a status, and mitigate my inconvenience.
No felonies, no misdemeanors, Veteran, registered voter.
This is Bull$hit.

[No_0ne]

2 hours ago, WildlifeRefugee said:

Good morning all-
I was denied by TICS, 3 weeks ago, and appealed the same day by FAX. No word from TICS, or the FFL holding my handgun. TICS gives a recorded message, and the FFL is now saying "5 weeks" for the appeal process, when they started out saying "14 days."
Does anyone else believe that this is an obvious 2A infringement? I argue that any municipal entity that presumes to deny my rights should be liable for civil action when they cannot meet the terms of their civil charter. Further, they should be required to contact me weekly to provide a status, and mitigate my inconvenience.
No felonies, no misdemeanors, Veteran, registered voter.
This is Bull$hit.

Good luck with that one ...

[Grayfox54]

Last I heard TBI was running a skeleton crew for background checks due to Covid. As such, denials are taking much longer to process. Just another 2020 thing.  

[Jeb48]

Picked up a gun at my FFL yesterday and the approval took less time than filling out the form. When he said I was all ok I just stood there because I thought he was talking about his part of typing in everything. A minute later he said anything else I can do for you. Then I realized what he said the first time. I was still putting the pistol back in it's case.

[Links2k]

2 minutes ago, Jeb48 said:

Picked up a gun at my FFL yesterday and the approval took less time than filling out the form. When he said I was all ok I just stood there because I thought he was talking about his part of typing in everything. A minute later he said anything else I can do for you. Then I realized what he said the first time. I was still putting the pistol back in it's case.

My last two were also super fast.  They had the little IPads that you use to input your information.  By the time I got back to the register and spoke to a couple of people, I was approved.  

[hipower]

7 minutes ago, Jeb48 said:

Picked up a gun at my FFL yesterday and the approval took less time than filling out the form. When he said I was all ok I just stood there because I thought he was talking about his part of typing in everything. A minute later he said anything else I can do for you. Then I realized what he said the first time. I was still putting the pistol back in it's case.

Run! Run like the wind, brother! Don't give'em a second chance!

[RED333]

Last 2 I did was fast as well, most resent was 4 weeks ago, before that was back in March.

[The Big Guy]

12 hours ago, Jeb48 said:

Picked up a gun at my FFL yesterday and the approval took less time than filling out the form. When he said I was all ok I just stood there because I thought he was talking about his part of typing in everything. A minute later he said anything else I can do for you. Then I realized what he said the first time. I was still putting the pistol back in it's case.

Same. Early June I decided I've going to buy the exact handgun I want before it becomes impossible to find. Background check was blazing fast. I was a little taken-aback as you described. 

[Steelharp]

I have seen all sorts of incidents. False denials, overturns in 4 hours, 4 months (which they have to resubmit since it was over 30 days), guy with 2 DUI's in 7 years (1 tags you 5 years, 2 for 10)... the angry vet that just couldn't understand... as he got to the door, turned around and said, "I only hit her once!"...

[KahrMan]

1 hour ago, Steelharp said:

the angry vet that just couldn't understand... as he got to the door, turned around and said, "I only hit her once!"...