TBI - Conditional Proceed? Are you serious?

[delta_charlie_sierra]

Straight to the point, in 2006 I was arrested for a DUI in Birmingham, Alabama, where I used to live. Guilty as charged, I was young and stupid. Just a few months after that same DUI, the FBI approved a handgun purchase, because down there we don't have a state run bureau of investigation. Also, the FBI is apparently in the habit of being consistent and likes to honor the 2nd Amendment.

Here I am now in Nashville, TN, just over 8 years later, a reformed, grown up, law abiding citizen. I confidently go to an FFL to buy a new SW M&P 9. Rejected! I appealed of course, and was given the old "conditional proceed" 15 days later. Of course, this reputable FFL will not transfer (no hard feelings, I get it), so I just appealed to the FBI today. I will be sure to keep you all updated, but I wanted to know if anyone had a similar experience. My experience tells me that the FBI is way more efficient. Should I just push for a FBI UPIN and anticipate this foolishness from TBI forever? I don't plan on leaving Tennessee and I'd prefer to buy new from FFL's. 

Also, isn't "Tennessee the patron state of shooting shit" (Bob Lee Swagger)? What happened to uh...America?

Thanks for your responses. 

[Oh Shoot]

Did you use SSN on the 4473? If so, then reason is almost always because some charge doesn't show proper disposition, whether it were a disqualifying one or not.

 

Do you have HCP? Reason I ask is because likely same glitch would have surfaced with background check for it.

 

And btw, that "patron state of shooting stuff" is significantly overblown, coined by Stephen Hunter after all, and he's from Kansas. ;)

 

- OS

[Troutburger]

There's really no reason for the ffl not to transfer on a conditional. Or is there additional exposure to the ffl? If the alphabet boys deem you should not have the firearm, they will kick down your door and retrieve said firearm.

[DaveTN]

If so, then reason is almost always because some charge doesn't show proper disposition, whether it were a disqualifying one or not.

This. It's happened to quite a few people here. And if you don't deal with it, it will happen again.
Contact the county clerk or the court clerk where the offense occurred and see if the disposition is being reported.

 

http://www.tbi.tn.gov/firearm_check/firearm_faqs.shtml
If during the background check TICS locates a record with outstanding disqualifying charges or charges that are undeterminable as disqualifying, TICS will deny the transaction. Upon an appeal of the denial, TICS will attempt to find disposition information on the charges in order to make a determination of eligibility to purchase a firearm. If TICS cannot obtain the information within the mandatory 15 day limit, the transaction will be marked as a Conditional Proceed. This means that the firearm dealer may lawfully, at his/her discretion, complete the transfer, although it in no way means that the dealer must complete the transfer. Should the dealer choose not to complete the transfer, your only appeal is to the FBI's NICS Appeals Services Unit. You may contact them at (877) 324-6427.

Edited September 12, 2014 by DaveTN

[sybo]

Go with a Federal UPIN. The TBI are a bunch of idiots, they got a bunch of civilians working there that don't know what they are doing. I ran into the same problem, FBI ran me and I have no record of offences, TBI says I'm A NO-GO for transfers!! :up: They issued me a carry permit before I was originally turned down!! Idiots, go Fed!

[toby1304]

After Obama was elected, we were at a gun show and my dad was rejected. He's retired Army, 20 yrs and a retired preacher. The guy from the TBI told him it was because all these idiots were scared they were going to ban guns and too many people were buying guns. My dad immediately told the guy he wanted to file a complaint and he told my dad to have the dealer run it again. He did and it went through. The following Monday my dad filed his complaint and immediately got a call with an apology

[JayC]

This is the issue where we need the TFA or NRA to file suit against the TICS...  They're misinterpreting state law IMHO when they deny purchases for not disqualifying events just because they aren't aware of the disposition in the case.

 

Oh yeah and my normal rant on how TICS is unconstitutional to begin with and needs to be repealed :)

[MichaelInSeymour]

On 9/11/2014 at 10:33 PM, delta_charlie_sierra said:

Straight to the point, in 2006 I was arrested for a DUI in Birmingham, Alabama, where I used to live. Guilty as charged, I was young and stupid. Just a few months after that same DUI, the FBI approved a handgun purchase, because down there we don't have a state run bureau of investigation. Also, the FBI is apparently in the habit of being consistent and likes to honor the 2nd Amendment.

Here I am now in Nashville, TN, just over 8 years later, a reformed, grown up, law abiding citizen. I confidently go to an FFL to buy a new SW M&P 9. Rejected! I appealed of course, and was given the old "conditional proceed" 15 days later. Of course, this reputable FFL will not transfer (no hard feelings, I get it), so I just appealed to the FBI today. I will be sure to keep you all updated, but I wanted to know if anyone had a similar experience. My experience tells me that the FBI is way more efficient. Should I just push for a FBI UPIN and anticipate this foolishness from TBI forever? I don't plan on leaving Tennessee and I'd prefer to buy new from FFL's. 

Also, isn't "Tennessee the patron state of shooting ####" (Bob Lee Swagger)? What happened to uh...America?

Thanks for your responses. 

I am 20 days out, just received my Conditional proceed, but when I call TICS they tell me, "we're working on your case, we have alll your documents needed, and it's being handled by your case worker "!!!! Ughhhhhh

[Worriedman]

On 11/14/2023 at 6:04 AM, MichaelInSeymour said:

I am 20 days out, just received my Conditional proceed, but when I call TICS they tell me, "we're working on your case, we have alll your documents needed, and it's being handled by your case worker "!!!! Ughhhhhh

They are retrying your case, it is what our TBI does now.  I was contacted by a POST Certified 23 year veteran of the force officer that had a nothing burger charge from when he was 19 in Colorado, a letter in hand from the court with jurisdiction from the time of his application to the POST Commission saying the charge was not a domestic issue denied this fall on a hunting rifle transfer from an FFL.

Our TBI is being weaponized against our 2nd Amendment rights.  The Director David B. Rausch thinks the 2nd Amendment only covers muskets, said so this year in testimony in the House Civil Justice Full committee on HB 1005.