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Just a simple question i hope


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Posted (edited)
[quote name='billyscott' timestamp='1352263711' post='840776']
.... I guess what I'm getting at is that if the State sees an arrest they stop looking and leave it up to you. [/quote]

We're sort of talking about this at cross purposes, maybe mostly just syntax.

I'm telling you when they are checking firearm sale, they don't "stop looking" when a charge shows up -- If the database does not show a disposition of the charge, it's just not there for them to see. Then there is no more looking to be done. They don't have electronic fingers into every city and county courthouse in the nation, or in just TN.

Then yes, YOU have to do something about it, by contacting the county/city in which it happened and get the paperwork straightened out so that it gets on the database which they access. And that lack of disposition can be from ANY state, not just TN, TICS checks a number of federal databases also.

And no, the TBI is not going to try and fix it for you with the county or city in which the incident happened in TN, or certainly not in some other state.

They will also not tell you the problem until you appeal the decision. Then they will take the time to notate what the problem is and communicate it to you.

But this started out with you claiming that if they merely see a charge, they stop there period. That is not the case. If the database shows a disposition of the charge, and it is not a disqualifying one, you get approved. Many folks with various misdemeanors successfully buy guns from TN FFLs daily. Hell, you can buy a gun with DUI convictions that would keep you from getting an HCP, as long as the court didn't screw up the paperwork and not submit it correctly so that the disposition doesn't show on the databases they access.

- OS Edited by OhShoot
Posted (edited)

[quote name='billyscott' timestamp='1352268307' post='840835']
I think you and I are talking about the same thing Oh Shoot. The database may be the problem. Locals not updating it?
[/quote]

Apparently happens frequently. But most of it from the past, when all the thousands of tiny burgs in America had to start actually using them there computer thangs. Imagine what it must have been like back in '93 when the federal NICS system was first enacted and all those paper criminal court records had to entered into data bases in a format for the various FBI databases.

But sure, cases get heard and dispositions get mis-logged all the time I'm sure. I once did a little stint of public service for a legal peccadillo and saw a little taste of it just logging in stolen property reports. Amazing that anything was ever actually found. :)

Btw, TBI will "look farther" upon an appeal, at least as far as contacting the jurisdiction wherein the problem lies and asking for a disposition. Of course, if they don't respond, then it's up to you. Read the first paragraph from NICS site:

[url="http://www.tbi.tn.gov/firearm_check/firearm_faqs.shtml"]http://www.tbi.tn.go...earm_faqs.shtml[/url]

- OS

Edited by OhShoot
  • Like 1
Posted (edited)
[quote name='jonlisha' timestamp='1352346960' post='841627']
So heres another quesion, has anyone here ever been denied a background check for something they did in the past? If so did you take any of the measures to have it wiped from your record?
[/quote]

Quite a few have posted about fixing it so that they weren't denied anymore, dunno if any will surface in time to answer you. Seems DaveTN might have, you could PM him if he doesn't find see this thread.

Basically, it involves getting in touch with the right division at FBI and getting someone ear personally, I believe.

Again, it's not getting it wiped from your record, but showing a proper disposition of it. If you actually have a disqualifying conviction I don't think even having it expunged will hide it from LE databases.

- OS Edited by OhShoot
Posted
again maybe I am wrong but if a store takes your money before they do the check they should be turned in because they have broken the law. That's why the check is law to make sure you are allowed to buy. Returning you money is just proff they broke the law. When they take your money you have bought a gun.

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