Help! TICS/TBI Denied - UPDATE ***OVERTURNED***

[ACfixer]

On 5/15/2021 at 8:22 PM, Don N said:

Just an update: 30 days had passed since my application was initially denied.  The FFL had heard nothing from TBI, so I reapplied today and it was approved.

Glad to hear it Don, hopefully you can get to the bottom of what is causing this. Most everyone here has been super helpful in my journey and one of the suggestions was to pay $30 to the AFT and apply for an 03 C&R license and they'll weed out what the holdup is. It looks like mine was a battery arrest from a charge falsely made by an ex-wife that they dropped but the court failed to file the dismissal. I just received mail and info from the CA DOJ that looks like should clear mine up, my new paperwork shows that the disposition was that the prosecution denied further action on it.

I'll send this to the nice lady from the ATF, and also a copy to TBI and hopefully that will be the end of this nonsense.

[Raoul]

4 hours ago, ACfixer said:

What the hell is the matter with you?

Not a damn thing. But don't expect all these databases to be kept up correctly. Crap pops up all the time that should have been fixed or deleted. The joy of big data.

[ACfixer]

1 hour ago, Raoul said:

Not a damn thing. But don't expect all these databases to be kept up correctly. Crap pops up all the time that should have been fixed or deleted. The joy of big data.

With all respect Raoul, you kind of got into me twice about my history and things biting me in the backside etc.

On 4/22/2021 at 12:22 AM, Raoul said:

So you guys were stupid when you were young and you're surprised when it bites you in the ass? Just be glad TN affords you a way to move past your youthful indiscretions. 

 

On 5/15/2021 at 9:56 PM, Raoul said:

History is a real bitch..eh?

I haven't done anything that should prevent me from buying a gun, then or ever... I'm just trying to work through this and also trying to help others that have been or may go through the same things. I'm your neighbor and a fellow 2A supporter and the kind of neighbor I think most people like us like to have. I don't really need a lecture about a misdemeanor case that happened 33 years ago. If I took it wrong please accept my apologies.

Thank you.

[Raoul]

9 minutes ago, ACfixer said:

With all respect Raoul, you kind of got into me twice about my history and things biting me in the backside etc.

 

I haven't done anything that should prevent me from buying a gun, then or ever... I'm just trying to work through this and also trying to help others that have been or may go through the same things. I'm your neighbor and a fellow 2A supporter and the kind of neighbor I think most people like us like to have. I don't really need a lecture about a misdemeanor case that happened 33 years ago. If I took it wrong please accept my apologies.

Thank you.

Sorry I'll just be quiet. No offense intended. Just my generally surly covid temperament acting up...

 

[ACfixer]

8 minutes ago, Raoul said:

Sorry I'll just be quiet. No offense intended. Just my generally surly covid temperament acting up...

 

It's all good my man. We're local to each other I think, let's go do some shooting some time.  I joined Unaka Rod and Gun club, ever shoot there? I haven't yet...

Edited May 18, 2021 by ACfixer

[Raoul]

1 minute ago, ACfixer said:

It's all good my man. We're local to each other I think, let's go do some shooting some time.  I joined Unaka Rod and Gun club, ever shoot there? I haven't yet...

Once years ago. I'm a Kettlefoot member. We'll talk some more about this...

[ACfixer]

Just another quick update. Just got off the phone with the ATF and she was unable to find a disposition for a battery charge and I think together we were able to locate it and I e-mailed her the info. She sounded optimistic that the 003 C&R would be approved, I am still unsure how to keep this from happening with TBI/TICS in the future but at the very least I know what the hangup is and any denial would be overturned. I'm not aware of how I would update whatever record it is to reflect the info from the CA DOJ that shows prosecution was declined.

[ACfixer]

*** UPDATE ***

Received my 03 FFL in the mail today. Thank you DaveTN for that suggestion, I now know exactly what the holdup was - the BS domestic charge my ex-filed and the DA dropped but the disposition didn't show up. A couple of back and forth letters, phone calls, and e-mails with the lady from the ATF and we got it all squared away.

Now... curious as to what will happen when I buy a modern firearm. Another denial from TICS? I am going to send TBI/TICS a copy of all my paperwork, not sure if that matter or if it will help, but in any event any denials should be quickly overturned I would think.

Much thanks to everyone who had helped and supported through this mess!

[billyblazes]

Fantastic ruling out of Florida:

"R.C. applied for a concealed carry license, submitted his paperwork and paid a $119 fee. He then received a letter from the Department stating that the National Instant Criminal Background check system, or NICS said he had a prior felony conviction, and was therefore ineligible for the license."

 

“The Department refused the formal hearing because it argued the NICS result was binding as a matter of law and, unless R.C. was disputing the existence of the NICS result, there were no genuinely disputed issues of material fact,” the order states. “At the informal hearing, the Department elected not to provide a representative and submitted nothing. The hearing officer reiterated that the denial of R.C.’s application hinged on the NICS results.”

 

"The Department argued that they are not provide with the underlying reasons for a NICS denial, so they are not able to determine if any restoration of rights documents apply to the specific reason for the denial, and that they would be forced to grant a concealed weapon license to “everyone who disputed their NICS disqualification.”

 

The judges didn’t buy it.

 

“Quite the contrary, the law requires the Department to issue the license unless the applicant is prohibited by Florida or federal law. Determining an applicant’s eligibility is the Department’s responsibility. The Department must evaluate the evidence and reach a reasoned conclusion,” the order states.

 

The 1DCA also found that R.C. should have received a formal hearing.

 

“The Department’s finding of fact that R.C. is prohibited from possessing a firearm is not supported by competent, substantial evidence. The Department’s legal conclusion that the NICS result required the denial of R.C.’s concealed carry application is erroneous. We reverse and remand for further proceedings,” the order states."

https://myemail.constantcontact.com/Appellate-court-order-is-a-win-for-gun-owners--a-loss-for-Nikki-Fried.html?soid=1114009452090&aid=5C6sInWLNbk

[Quavodus]

I'm sorry to hear that. Hope he can get it straightened out. He needs to move to Miami. They've not needed a gun license down there for 40 years. 

[Murgatroy]

On 6/25/2021 at 9:08 AM, billyblazes said:

Fantastic ruling out of Florida:

"R.C. applied for a concealed carry license, submitted his paperwork and paid a $119 fee. He then received a letter from the Department stating that the National Instant Criminal Background check system, or NICS said he had a prior felony conviction, and was therefore ineligible for the license."

 

“The Department refused the formal hearing because it argued the NICS result was binding as a matter of law and, unless R.C. was disputing the existence of the NICS result, there were no genuinely disputed issues of material fact,” the order states. “At the informal hearing, the Department elected not to provide a representative and submitted nothing. The hearing officer reiterated that the denial of R.C.’s application hinged on the NICS results.”

 

"The Department argued that they are not provide with the underlying reasons for a NICS denial, so they are not able to determine if any restoration of rights documents apply to the specific reason for the denial, and that they would be forced to grant a concealed weapon license to “everyone who disputed their NICS disqualification.”

 

The judges didn’t buy it.

 

“Quite the contrary, the law requires the Department to issue the license unless the applicant is prohibited by Florida or federal law. Determining an applicant’s eligibility is the Department’s responsibility. The Department must evaluate the evidence and reach a reasoned conclusion,” the order states.

 

The 1DCA also found that R.C. should have received a formal hearing.

 

“The Department’s finding of fact that R.C. is prohibited from possessing a firearm is not supported by competent, substantial evidence. The Department’s legal conclusion that the NICS result required the denial of R.C.’s concealed carry application is erroneous. We reverse and remand for further proceedings,” the order states."

https://myemail.constantcontact.com/Appellate-court-order-is-a-win-for-gun-owners--a-loss-for-Nikki-Fried.html?soid=1114009452090&aid=5C6sInWLNbk

That is in Florida though, not Tennessee. Apples to oranges. If it were a federal ruling it would be different.