Just a simple question i hope

[Nshort]

I'm sure there is a very good reason for this.
[b]But why is it a requirement to purchase a gun, then have a background check done?[/b]
I purchased my 1st gun last week, and then i had my background check ran, of course it was denied. now im waiting for the appeal to come back
I made some mistakes when i was younger.
I have a feeling i may not be able to walk out with the firearm. just sucks knowing i have paid for it already

Thank you for any answers

[Oh Shoot]

[quote name='Nshort' timestamp='1352230680' post='840188']
[b]But why is it a requirement to purchase a gun, then have a background check done?[/b]

[/quote]

Because it has been a federal law since 1993.

Dealer will give money back if denied. Less the ten clams for the background check.

- OS Edited November 6, 2012 by OhShoot

[GlockSpock]

It is actually interesting, because I have seen over a few purchases that it depends on the place you purchase it. I could be wrong, but I think technically they are supposed to run the check first. A few of the places I have purchased a firearm have done this, such as VOW in Cleveland and Sportman's Warehouse in Chattanooga. However, at Benton Shooter's Supply, they took my money and then ran the check from what I recall.

[GlockSpock]

[quote][color=#282828][font=helvetica, arial, sans-serif]Because it has been a federal law since 1993.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]- OS[/font][/color][/quote]

I could have misread the OP, but I think he is asking why you must "pay for" the gun and then have the check done, vs having the check done and then pay for it.

[Guest sL1k]

Most shops that i have encountered run the background check first to ensure you are able to legally purchase the gun. Its more than likely the gun stores choice now if they refused to give you a refund on the purchase of the gun that is just shady.

[Nshort]

[quote name='CZ9MM' timestamp='1352231215' post='840198']
I could have misread the OP, but I think he is asking why you must "pay for" the gun and then have the check done, vs having the check done and then pay for it.
[/quote]

Correct.
Thank y'all for the quick replies

[Oh Shoot]

[quote name='CZ9MM' timestamp='1352231215' post='840198']
I could have misread the OP, but I think he is asking why you must "pay for" the gun and then have the check done, vs having the check done and then pay for it.
[/quote]

Ah, duh.

Yeah, most places run check first.

Big box stores like WalMart, Dicks, Academy all do separate transactions for the background check first.

Some places don't even take the background money in hand first, seems like the last couple I did at Bill's Outpost didn't.

- OS

[Nshort]

I don't believe they will refuse to give me my money back (at least i hope not).
I'm more concerned about being excited to finally be able to purchase a firearm, not only to spend time with my son, but also for home defense and that not end up happening lol

But hey, you live and learn.

just kinda sucks only having a receipt to look at instead of the firearm its self lol
But again, thanks everyone for your quick replies

[RobertNashville]

Yeah...I think the answer to the OP's question is that while it may be a requirement at that store, it isn't a requirement as a matter of law.

I don't believe I've ever paid for a firearm and then had the check done and I'd I'm not sure I'd do business with a store that did; as long as you make the store whole on the cost of the background check it's no skin off their nose if the purchase is denied.

[GlockSpock]

After I read the above posts and though about it a bit more, I figured out that it is all about money of course. Imagine going into a store, saying "that gun", and then them running the check and you being denied. Unless the store feels willing to eat the $10 Tennessee Fee, they are going to ask you to pay them $10 to cover the fee. In which case a lot of people would at least consider walking out of the store while I am sure many would. In the situation that I bet more and more shops are adopting, they let you pay for the firearm, run the check, and then if you are denied it is easy for them to reimburse you everything minus the $10 fee.

Doing it that way guarantees their money without much of a hassle. And it isn't exactly "their money", but rather just money that they don't have to lose.

[Nshort]

I can understand that. not sure how i feel about it.
But what ever floats there boat. i sure don't mind paying the 10 bucks for the check.
Would have been cool to just require the amount for the check up front. But i guess you gotta pay to play.

[Jonnin]

[quote name='Nshort' timestamp='1352230680' post='840188']
I made some mistakes when i was younger.

Thank you for any answers
[/quote]

Whatever that means ---- if you answered the questions on the application truthfully, it should be obvious if you will pass the check or not. The check really is just asking if you answered the 6 or 7 questions truthfully. Pretty cut and dried... buying it for yourself not to resell or for another, not an ex-con/felon, no restraining order against you, not a foreigner (though they can get a gun, there are other hoops to jump), no dishonorable discharge, whatever else it askes. All those should be a NO except the one that is worded backwards --again, it should be obvious what the answer they "want" is and if you provide the answer they "don't want" for any of those, its a no-go.

[TripleDigitRide]

What exactly did you do when you were younger?

[GlockSpock]

[quote]But what ever floats there boat. i sure don't mind paying the 10 bucks for the check.[/quote]

I suppose that's why we have a $10 Tennessee Fee

[Nshort]

3 months after i turned 18. i had a hotel party, got out of hand, got into a fight, dudes girlfriend called the cops,i got charged with an assault and everything thing they located in the hotel, being i was the only 18 year old. drug paraphernalia, under age drinking, several contributing to a minor, being everyone was 17.. But yea. it was pretty bad.
I was put on probation, then moved to GA. ( another big mistake ) in 2002 i tried to join the army, was denied due to having a warrant. so i came back to TN in 2002 to get it all taken care of, i was then sentenced 3 months.
The guy at the shop said, its probably because my sentence date does not match up with my charge dates.. i informed him of all this before i bought the gun.
I'm now 32, work hard, pay my taxes and raising an amazing family. have been in NO trouble with the law since that time. i would give anything to go back in time and smack my self upside the head a few times

No domestic assaults, no felony's not a convict, never been sent to the loony bin... Just someone who made wrong choices and who hung out with the wrong crowd

If by chance it gets rejected again, at least i know where i stand, and what i need to do in order to get it all cleared up

[TrickyNicky]

Have you contested the it yet? There is a way to call foul if you feel you are being wrongfully denied the purchase. Do that then if you get no recourse you can try fixing it elsewhere.

[Oh Shoot]

[quote name='TrickyNicky' timestamp='1352236949' post='840296']
Have you contested the it yet? There is a way to call foul if you feel you are being wrongfully denied the purchase. Do that then if you get no recourse you can try fixing it elsewhere.
[/quote]

He said he appealed. FFL pretty much does it automatically unless you don't want to.

Anytime there is a charge they find as "unresolved" or "no disposition", likely to get denied. The HCP seems to be even more sensitive to that. And it doesn't have to have been a charge that would have been disqualifying either.

Assuming that's what it is, one needs to take steps to fix it. Sometimes difficult to find out how with firearm purchase denial. The HCP process, as I understand it, actually tells you exactly what the prob was, but of course takes a good while (not to mention the price of the school and the fee).

Maybe the gun purchase appeal tell you the problem, too, can't remember?

- OS Edited November 6, 2012 by OhShoot

[TrickyNicky]

Thanks OS misses that part.

[Nshort]

I'm not sure how far i will get, but I'm going to just give them a call tomorrow.
All of these answers have been way more then enough lol. Cool to see so many helping out with what info they know

[billyscott]

Nshort, I too got in trouble when I was young, (52). No felony but if you have an arrest TBI doesn't check any further. I don't understand the dealer taking your money before the background check is approved. Good luck, I'm sure you can get it worked out.

[RobertNashville]

As I shared a few days ago in a similar thread, I get denied with about every third time I buy a new gun...I've got an "arrest" on my record that was dismissed (this is from 1988 or so) but for some reason, only the "arrest" shows up when they run my name so inevitably, I end up submitting the info that shows that the charge was dismissed and that I don't have a 20+ year felony charge open against me.

This same issue came up when I got my HCP but what is more odd is that none of the transactions I did before I got my HCP were ever denied even though the "arrest" must still have been on my record.

[Oh Shoot]

[quote name='Nshort' timestamp='1352238781' post='840325']
I'm not sure how far i will get, but I'm going to just give them a call tomorrow.
[/quote]

From other reports, they'll tell you nada and won't even tell you what glitch was if they approve it on appeal.

I think they may tell you prob if denied, but I'm not totally sure, and no one else has chimed in yet. TNDOS does tell you when an HCP is denied.

[quote name='billyscott' timestamp='1352240947' post='840356']
Nshort, I too got in trouble when I was young, (52). No felony but if you have an arrest TBI doesn't check any further....[/quote]

Sorry, that's just not accurate. As long as there is a disposition for the case on record and it was not a disqualifying offense, purchase is approved.

- OS

[billyscott]

Sorry OhShoot, I've seen it happen.

[Oh Shoot]

[quote name='billyscott' timestamp='1352260456' post='840690']
Sorry OhShoot, I've seen it happen.
[/quote]

Then there was some charge that showed no proper resolution in the state's data base.

What happened. How was it resolved? You just gave up buying guns from FFL's even though you were legally entitled to?

- OS Edited November 7, 2012 by OhShoot

[billyscott]

No OhShoot. I think they handle cases differently, if it's a HCP request they will inform you of a denial and they want you to provide them with the disposition of the case, certified from the court where your case was disposed. From what I've seen, from two friends of mine, if it's a purchase denial you have to call them and ask what the problem is. I was only denied once, a purchase of a 410 shotgun from Wal Mart, because I had moved, (20 miles) and had not received my new DL and on the purchase form I put my new address. Wal Mart policy, not law, but I respected it and have never bought a firearm from Wal Mart since. No denial since then. I guess what I'm getting at is that if the State sees an arrest they stop looking and leave it up to you. They may not treat all cases the same.