DENIED.......

[plottman]

I have heard the nightmares and stories, now it has happened to me. I am a 43 year old white male, been employed at the same company for 20 years, I have never, ever, ever........even had the first brush with the law, never even had a traffic ticket. Never been arrested, never been served any order of protection,garishments,civil or criminal, nothing never ever..... ( I wanted to make it perfectly clear). I have bought numerous guns over the years, the longest it took was about 10 minutes, the most recent was about a month ago, again with no problem. I find a great deal on a bolt action rifle at a pawn shop and began the paperwork to make the purchase, well about 30 min later, I was notified my purchase was denied. TBI would not tell the dealer nothing. And gave me a appeal form that he had me complete and immediatly faxed ( I have bought guns there many times before), At this time I was very angry and confused, why? I got the number to TBI and managed to get in contact with the people at the gun check dept. I explained to them that I have never had any legal issues at all, they would not tell me anything but that my name was used as an alias before. That was it, and that i would have to go thru the appeal process. Needless to say I feel violated and stepped on by the laws that are in place to keep guns away from Felons and Criminals. There was little that TBI was willing to do except tell me to go thru the appeal process. Is thier any more avenues or people I can contact who would be willing to help me get my right to buy a gun back ? This has me so angry but I dont know what to do.

[dunndw]

Did you put your SSN on the 4473?

[oldogy]

Welcome to TGO. My guess is that it is a case of mistaken identity.

oldogy

[Reservoir Dog]

Don't let it get to you. Denials happen all the time. You can't control it if some scumbag uses a name similar to yours.

Let the appeals process play out. Most denials are reversed on appeal. You will get your gun.

[TripleDigitRide]

That sucks.

I'm glad someone invented private sales and the gun show loophole.

Best of luck with your appeal.

Edited May 10, 2009 by TripleDigitRide

[Mike.357]

better to hold you up for a few days than let someone who is a felon or otherwise not eligible from getting guns through FFL's. At least that is the politicially correct view.

I have been denied, even knew why, Was approved on appeal and have not had trouble since everything was straightened out.

Welcome to this place.

[GLOCKMEISTER]

this happens to folks all the time. Most get discouraged and do nothing but wait. I'd call the best 2nd amendment attorney I can find and do something about it.

TBI has recently been run am-muck over citizens 2nd amendment rights. As dealers we are powerless, its like biting the hand that feeds you... but YOU CAN DO SOMETHING.

Want more help/info pm me and and tell ya more.

[alwayspackin]

There is nothing you can do right now except appeal it. When they do your back ground check now days they run you by your social and then by your name alone. Your name is probably listed on some idiots arrest report. It happens all the time. If the appeal is denied, you will be able to obtain more info and appeal it again. It will come out in the end. It is just a pain haveing to wait.

It has happened to me before that is how I know!

[Guest nj.piney]

welcome

[Oh Shoot]

Did you put your SSN on the 4473?

My bet is no?

The SSN is optional, but is there just to supposedly clarify just this sort of name ambiguity prob.

- OS

[ZZRguy]

Welcome. This happen to a friend of mine, his brother in law was arrested for a DUI and gave the officers my friends name and most of his ss# ( he was off by one digit), so the cops figured he just messed up the number and thought it was my friend. They ran his prints since said he did not have a license, and found out who he really was.

My friend got approved for his first gun and but has been denied for every gun since then. The TBI told him since his B-inlaw used his name as a alias he would have to go though this until one or the other dies.

[plottman]

Yes my SSN was included. I have bought about 30 guns thru FFL in the last 3 years,most old Winchesters but a few pistols ect. The form was filled out as always.

[plottman]

Welcome. This happen to a friend of mine, his brother in law was arrested for a DUI and gave the officers my friends name and most of his ss# ( he was off by one digit), so the cops figured he just messed up the number and thought it was my friend. They ran his prints since said he did not have a license, and found out who he really was.

My friend got approved for his first gun and but has been denied for every gun since then. The TBI told him since his B-inlaw used his name as a alias he would have to go though this until one or the other dies.

Yes this really stinks, especially when you have never even had a ticket in your life.

[Guest JHatmaker]

The whole TBI background check process varies. Sometimes me and my buddy will go look at guns and decided to both buy one. My TBI check comes back within minutes, his always takes at least 10-15.

We recently (this past Feb) went through HCP process, and my permit came back after 24 days, he still hasn't gotten his b/c they're still awaiting his background checks. He doesn't have any felonies, etc.

Good luck with getting everything fixed. Like several folks have been saying, this does happen quite often. I was at a gun shop, and a lady was purchasing a gun and was denied and told the sales guy she's never even gotten a speeding ticket. They called the TBI and they would not release the reason why she was denied. The sales guy immediately gave her an appeals form and said to check back in a couple days and that he'd have everything sorted out. Everytime I purchased a gun, I get a little nervous thinking for some reason it'll come back denied, even though I have a clean record (except for speeding tickets here and there )

Edited May 12, 2009 by JHatmaker

[lowbud]

I've been through this mess so many times I lost count. TBI will not tell you anything until you file the appeal. Once it's been reviewed and either approved or denied you need to make sure clear up whatever it was that casued the initial denial.

If you want to know what's on your record you can have a background check done at the local level and with the FBI. It's possible someone elses arrest is showing up on your record. It actually happens all the time.

Just like a credit report.. Always room for error. I would take the time and spend the $15 (i think) to know My record was clean.

At least this way.. You can fax it into TICS along with the appeal so they have a copy.

It's a pain in the ass for sure... I had a 25yr old arrest that haunted me for years becasue some moron didn't send the FBI a final disposition report when the charges were dismissed. So every time TICS ran me.. They would initially deny my purchase becasue of a 25yr old arrest that should have never showd up in the first place. (bastards!)

Took me about 6 months to get the silly thing expunged..

Good luck!

Edited May 11, 2009 by lowbud

[Guest coldblackwind]

I had this happen when I first moved here (somehow TBI turned a couple traffic violations into the court declaring me a mental defective), it boiled down to TBI is basically somewhat...well....not exactly amazingly efficient shall we say to be nice. I had a friend of the family run a nics on me through the FBI in Ny, and it came back clean as a whistle. I then called the FBI, and explained the situation. The guy I talked to didn't seem at all suprised, and actually said they have a lot of problems with that with TBI, and they would take care of it. Sure enough, FBI took care of the whole thing, I didn't have to do a thing, beyond filing the appeal. I actually have the paperwork here in my lap. Anyways, I sent it all to

Federal Bureau of Investigation

NICS section

Appeal Services Unit, Module A

P.O. box 4278

Clarksburg, West Virginia 26302-9922

Took a while, but they cleared it up with minimum effort on my part, and it has not been a problem since. Personally, I would deal with the FBI, and let them handle it, rather than deal directly with TBI.

[lowbud]

I had this happen when I first moved here (somehow TBI turned a couple traffic violations into the court declaring me a mental defective), it boiled down to TBI is basically somewhat...well....not exactly amazingly efficient shall we say to be nice. I had a friend of the family run a nics on me through the FBI in Ny, and it came back clean as a whistle. I then called the FBI, and explained the situation. The guy I talked to didn't seem at all suprised, and actually said they have a lot of problems with that with TBI, and they would take care of it. Sure enough, FBI took care of the whole thing, I didn't have to do a thing, beyond filing the appeal. I actually have the paperwork here in my lap. Anyways, I sent it all to

Federal Bureau of Investigation

NICS section

Appeal Services Unit, Module A

P.O. box 4278

Clarksburg, West Virginia 26302-9922

Took a while, but they cleared it up with minimum effort on my part, and it has not been a problem since. Personally, I would deal with the FBI, and let them handle it, rather than deal directly with TBI.

It depends on where the problem is. I know a guy that had issues here in TN. TBI had a record for him in Henry County but henry county showed nothing at all. He had to file papers in Henry County to expunge the TBI record.

But I wouldn't stop at the local level. I would also check with the FBI.

[cadillacdude1975]

the first time i bought a gun 3 years ago, the background check came back faster than i could with mail verifying my address. next time it got denied. filed an appeal, got called at home by the TBI 2 days later (gun dealer had called me too) told me i was clear then the last time i had to wait 3 days with no answer and i got the gun by default.

it is a system that is a pain in the ass. what pisses me off is my money is tied up in a gun i cant have till the TBI moves. oh well. from now on, the background check will be run first. then they get the money.

isnt red tape fun?

[Mike.357]

my money is tied up in a gun i cant have till the TBI moves. oh well. from now on, the background check will be run first. then they get the money.

maybe someone with an FFL can clarify, but oddly enough the one time I was denied/delayed the gun shop insisted on payment up front. I was told that was the proper and legal way to make the transaction.

[Metalhead]

At G&L, if you are denied we require you to pay the $10 background check fee since it's owed to TBI approved or not since we ran the check. However, after you fill out an appeal, if you want to put the firearm you intended to purchase on layaway you're more than welcome to so it doesnt go anywhere while you're waiting for your appeal to come back.

We almost never get payment up front.

[GLOCKMEISTER]

we wont run the appeal unless its been paid for in full. Sorry but im not into trying up money for a month and then seeing it get denied on the final dispostion. We do however give all the money back if that dispostition is denied. No restocking fees or layaway fees.

[Guest dizzielizzie]

I visited a local pawn shop today and got into a discussion about the instant check system... the owner said he's seen gun purchases denied to 5 individuals who were police officers!

Looked at TBI Instant Check System to see what exactly they're looking at to approve / deny gun purchases. But I think with all of the hoops Tennessee (and every other state) makes one jump through (only to protect our constitutional rights) is going to, from time to time, screw over a honest person and let a bad guy slip through the cracks. Ah, another system in place to make sure the State gets their pockets lined on a regular basis.

I don't like hearing gun shops holding money if the instant check comes back bad. This is simply scantless business practice, are they that desperate to earn a buck? The only thing we can do is refuse to patronize these businesses and take our hard earned dollars to the honest gun shops.

[victorcharlie]

The dealer should have given you and appeal form. Fill out the form (the instructions are on the back) and fax it in. You have 15 days to file an appeal. They will either change your status, or tell you why you were denied. There are many reasons, valid or not, why people are denied. It may be the a record was transcribed incorrectly, or someone with the same name who may not be eligible to purchase.

[GLOCKMEISTER]

I don't like hearing gun shops holding money if the instant check comes back bad. This is simply scantless business practice, are they that desperate to earn a buck? The only thing we can do is refuse to patronize these businesses and take our hard earned dollars to the honest gun shops.

They cant/dont keep it unless the customer wants them to because they are fileing the appeal and dont want the gun to be sold to someone else. We give them that option when they are initially denied, we ask them what they want to do. If they dont want to file the appeal, no biggie... they get all the money back right then with no restocking fees or layaway fees... minus the $10 TICS check. SOME DEALERS WILL HIT UP THE CUSTOMER FOR A TRANSFER FEE RIGHT THEN... AND THATS JUST WRONG!

If they want to file the appeal and us put the gun in the safe and hold it for them then we will do that also. If they are approved later, then great..... if not then we give all the money back minus the TICS if that dispostition is denied. Again no restocking fees or layaway fees.

We do everything we can to help the customer in these situations. We actually fax the appeal for the customer, call the TBI to make sure they received it.. and follow up with TBI for that customer in 10 days. What more could ya want? Honestly I dont see where that is unfair... its a huge hassle for us as dealers to deal with it. Some dealers are starting to refuse to file apeals all together.

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[plottman]

It all went thru and i got my gun...... the one thing i dont understand, TBI, FBI or whoever does it goes thru all this to verify my prints and is in contact with the agency where my name was evidently used, but they dont correct it ? I am supposed to do a VAF now, One would figure they would correct the errors when they find them ? ? ? ? ? to just leave the identified error "as is" is wrong. The bad thing is I still do not know where or when my name was used....... i guess that is "top secret" , my name is on a file somewhere in the USA that was a crime ,or something disqualifing me to own a firearm and they wont even tell me.. Thats what burns me up more than anything....