Friend's handgun purchase denied

[Guest MadisonSigmaOwner]

A good friend of mine purchased a S@W Sigma 9mm in April of this year.

Last week he tried to purchase a Glock 9mm at the same store, and his

background check came back denied. I know for a fact he has no criminal

record. In fact, he already has his carry permit and armed guard liscense.

He has sent in his appeal and is waiting for a response, which if I understand

correctly they have 15 days to respond to?

Anybody else run into this problem?

P. Casteel

[Jonnin]

If you are correct (your friend has not done anything to trip the system) the most likely cause is a database entry that mixed up his check with someone else's. He needs to be proactive about this --- if there is a database error, it will come back denied again on the appeal unless he gets involved to figure out what the problem is and prove that there is an error. Its not likely they will find the error for him on that appeal without some "help" from your friend.

[jimic]

I have had similar on the old system,going through the local sheriff. look like the computer picked up something.

[RobertNashville]

I've had it happen to me...went years buying under the various "background check" systems with no problem then had one denied just a couple of days after having purchased a gun with no problem whatsoever. Our "background system" is a joke - it depends on the half-assed record keeping of thousands of court systems covering decades of adjudication and the number of things that can cause an inappropriate denial are many.

Your friend does need to be pro-active in addressing this...he needs to find out exactly what popped up and then take care of whatever it is.

[tnhawk]

I also, had this happen several years ago. He should act immediately to get it cleared up. Mine was cleared within 48 hours of my call to Nashville. Since then, I've bought about 20 guns with no further problems.

[Guest WyattEarp]

a phone call to TBI should clear that up quickly and easily.

[Guest Larry]

I was in Tennessee recently and was surprised to find out that your carry permit did not exempt you from the background check the way it does here in Texas. It will take me awhile to get used to the different laws.

[Guest rockytop]

I had it happen several years ago. I too, had my HCP and had dealt with the FFL before. I immediately filed the appeal and waited for a response. When I got no response in the stated time, I began contacting local law enforcement agencies to find a person or department number to call. After a great deal of frustration, a local TBI agent gave me the number for the Head of the dept. that handles the back-ground checks. The Stupidvisor was an absolute __ __ __!!!. Was insulted that I had his direct number. Wouldn't even agree to investigate my request until I indicated that I wanted to know his supervisor's name and number. I told him "I got yours and I will get his, with or without your assistance". At that point, he decided to investigate it for me. Bottom line, at the date and time of the denial, the entire staff had been out for a funeral and the subs had just thrown away or misfiled the application. So when the appeal came in, there was no application to match it up with, so they didn't respond to the appeal ?????. No way to retrace and find the reason for denial. I requested a letter of explanation apologizing for their mistake, be sent to me and the FFL involved. He refused and said, "We will not officially admit to a mistake on our part". What can you expect out of a department supervised by such an *&^%$#@!? Sorry for the lengthy rant.Thankfully, it's never happened again.

[Jonnin]

I was in Tennessee recently and was surprised to find out that your carry permit did not exempt you from the background check the way it does here in Texas. It will take me awhile to get used to the different laws.

That would cost the great state of TN $10 in tax money for every gun sold. No can do!

[sybo]

Over 30 transfers/purchases in Tn. in 6 years and 90% denied. I have NO criminal record. Tn. says I do, FBI says no. FBI was kind enough to grant me a UPIN and now I only get a short "pending" then it's always granted.TBI Grrrrrrrrrrrrrrr!

[Guest Victor9er]

I was in Tennessee recently and was surprised to find out that your carry permit did not exempt you from the background check the way it does here in Texas. It will take me awhile to get used to the different laws.

Well, in their defense merely owning a carry permit, which is good for 4 years, does not mean you haven't committed a crime in that time span. It just means you haven't committed a crime prior to getting it. It is possible for someone to get a carry permit, then a year or two later be involved in a crime.

[crossfire]

Well, in their defense merely owning a carry permit, which is good for 4 years, does not mean you haven't committed a crime in that time span. It just means you haven't committed a crime prior to getting it. It is possible for someone to get a carry permit, then a year or two later be involved in a crime.

Sorry, there is no defense. If the system worked the carry permit would be restricted when charged and pulled if convicted. If you have a carry permit there should be no need for a check every time you buy another gun. It's all about the $$$$$$$$$$$$.

Just my 2 cents.

Edited August 5, 2011 by crossfire

[Guest bkelm18]

Sorry, there is no defense. If the system worked the carry permit would be restricted when charged and pulled if convicted. If you have a carry permit there should be no need for a check every time you buy another gun. It's all about the $$$$$$$$$$$$.

Just my 2 cents.

What's a restricted carry permit? And why would it be restricted when charged? I thought we were innocent until proven guilty?

[DaveTN]

Your friend may have been arrested and the charges were dismissed but the disposition never made it into the system. I had that happen to me on a 20 year old gun charge.

I had it happen twice and the appeal took 4 days. Both times two of those days was a weekend. Both times my appeal was faxed in right there on the spot.

He may have made the choice to not put his SS number on the form and there is a question on his identity.

Sorry, there is no defense. If the system worked the carry permit would be restricted when charged and pulled if convicted. If you have a carry permit there should be no need for a check every time you buy another gun. It's all about the $$$$$$$$$$$$.

Just my 2 cents.

It is about dollars. However, plenty of people are driving on a revoked drivers license that they have in their possession. They don’t tend to surrender them as required.

[Backon4]

Had this happen to me just a few weeks ago. Simply fill out the appeal, wait a few days and then call the TBI. Stay in contact with the store.

[DaveTN]

What's a restricted carry permit? And why would it be restricted when charged? I thought we were innocent until proven guilty?

If you were innocent until proven guilty you wouldn’t be handcuffed and taken to jail until after court.

[crossfire]

If you were innocent until proven guilty you wouldn’t be handcuffed and taken to jail until after court.

+1 Thanks Dave

[Oh Shoot]

Sorry, there is no defense. If the system worked the carry permit would be restricted when charged and pulled if convicted. ...

It IS suspended if charged with felony, revoked if convicted. It is suspended if convicted of Class A misdemeanor for duration of sentence, but with most Class A 'meanors you could still buy a gun.

- OS

Edited August 5, 2011 by OhShoot

[robbiev]

It's also possible that it can be something simple like a pending traffic ticket. If the TBI sees a pending court date, they don't check to see what it is, they just (sometimes) deny, then they check into it after you send the appeal. We have had that happen several times.

[Guest 556or762]

I cant count the number of things that aggrevate the piss out of me on this thread and agree with every point of view made to this point I have never been denied a transaction and never arrested for any offense but thinking about several of the points made here makes me want to slap a politician with the bill of rights in one hand and the constitution in the other. The background check system in TN is flawed but it makes money and it makes ignorant voters think that our state gov't is trying to protect them from gun violence what a crock, if you were going to commit a murder would you care if you stole a gun? I'm out!

[glockster157]

If I am not mistaken, In this state, even commissioned police officers have to do the background check unless they are buying the gun for duty use on official letterhead through their departments. At least they used too when the instant check started. When I had the FFL before instant check you could sell on with only the badge number and ID.