Background check

[busted knuckles]

Had a co-worker (he has an HCP), bought a pistol at an auction last weekend. Gun has to go through a dealer before he can take ownership. He has never purchased from a dealer before, so the process was new to him. His check came back bad, didn't know why. He had access to the local Sheriff, who told him a DUI in 1985 was the holdup. Sheriff got it fixed, he's gonna get the gun. I had a DUI in 1987, would my background come back bad as well?

[Fallguy]

Over half of all denials are reversed on appeal, but not all denials are appealed...so makes me really wonder how many would be reversed.

I think most of the time the problem is there isn't a final disposistion to a charge.

That being said, not sure why a single DUI from so long ago would be a holdup on a firearms purchase in the first place.....

[Kegger]

Because the clowns at TICS don't actually know what the 4473 says about DUI's, or any other charge for that matter, so they just deny the purchase.

So it forces you to appeal and 9 times out of 10 the denial is reversed.

[busted knuckles]

So.... the results are not consistant? Mine may or may not come back bad?

[Kegger]

Basically.

You could come back fine this time, then the next you get denied. It's a crap shoot.

[Tnscooter63]

it is 5 years for dui and 10 years for treatment

[Fallguy]

it is 5 years for dui and 10 years for treatment

I think you're think of a HCP.

As far as a HCP goes, you can't have had two DUIs within 10 years and none of the convictions within the last 5 years. Also you can't have been hospitilzed for alcohol or controlled substance abuse within the last 10 years. T.C.A. 39-17-1351©(11) and 39-17-1351©(10)

But as far as the purchase of a firearm, all Form 4473 ask is "Are you an unlawful user of, or addicted to, marijiuna or any depresent, stimulant, narcotic drug, or any other controlled substance?" Form 4473, Question 11e

Nothing about DUIs (at least not directly) on the purchasing of a firearm.

[Oh Shoot]

Over half of all denials are reversed on appeal, but not all denials are appealed...so makes me really wonder how many would be reversed.

I think most of the time the problem is there isn't a final disposistion to a charge.

That being said, not sure why a single DUI from so long ago would be a holdup on a firearms purchase in the first place.....

Because the clowns at TICS don't actually know what the 4473 says about DUI's, or any other charge for that matter, so they just deny the purchase.

So it forces you to appeal and 9 times out of 10 the denial is reversed.

Again, TICS is doing badly what need not be done at all, and is just an added state tax to a federal service you are already paying for.

I wonder if folks from other states who simply access the federal NICS directly have this problem? Probably not.

- OS

[JayC]

Again, TICS is doing badly what need not be done at all, and is just an unconstitutional added state tax to a federal service you are already paying for.

I wonder if folks from other states who simply access the federal NICS directly have this problem? Probably not.

- OS

There fixed that for you I keep saying that the state constitution limits the legislature to regulating the wearing of firearms, yet we allow TICS a state agency to deny purchases... And even when they do not deny the purchase they charge us a $10 tax....

Frankly I'm waiting to see the class action lawsuit over the MILLIONS of dollars we've had to pay in a unconstitutional tax over the years.