TBI background check appeal

[ajd3530]

Hello all, I am sure this has been brought up here numerous times, but I want to run my story by you and get your input.

Last month, I attempted to purchase a used Marlin 336 at a local gun/pawn. I popped on the background check. Some backstory; I had been denied in the summer of 2014 on a shotgun, as I had unpaid fines to the Sessions court. Fast forward almost two years, and the fines are paid of in full March this year. Anyway, when I did not pass last month (the 11th to be exact) the FFL at the pawn shop and I both assumed it was because the County had failed to report to the TBI that the fines were paid. Annoying, but about par for the course for Carter County, so I didn't make much fuss.

Anyway, the FFL gave me the appeal paperwork, and told me to fill it out and send it asap. He said that if he didn't hear back from them in 15 days, on the 16th HE would call them. So I filled it out, and faxed it in on the 13th of May. Two weeks later, on the 27th of May, I called down there and asked what the word was, and he then told me that the process could take upward 30 days, andto call back in two weeks or so. So I call him today, as instructed, and he changes his story again, and says since it has been over 30 days, and I DID NOT CALL HIM, that it was void and I would have to go through the process, AGAIN.

My understanding is that the TBI has to provide the burden of truth, and if they are unable to do so in 15 days, that I am not denied, and the FFL can proceed with the purchase at his own discretion.

So my question is am I way off base, or is this guy just a moron and/or sleazeball (I paid in full for the rifle already) and trying to give me the run around. If so, I will get my money back and take my business elsewhere.

 

Thanks very much!

 

[Murgatroy]

You are off base.

 

Denied is denied. You can appeal, but that doesn't automatically mean you are good to go. If a convicted rapist pops on a background check, they don't just give him his gun in fifteen days. he was denied.

 

A delay is another matter. If you are delayed or receive a conditional you will be given the go ahead after a few days, or the FFL can transfer the firearm at his discretion after a certain period of time.

 

My advice is to reach out the the TBI and see what really popped you, not what you think popped you. It could be the two years of unpaid fines led to a bench warrant, meaning for the last two years you have been a fugitive from justice. It could be that the fines being paid haven't posted.

 

I would ask for a refund from the FFL and check on cleaning up my background.

 

But I am not a lawyer, nor did I stay at a Holiday Inn Express last night. There are some sharp cats on the board and I am certain they will be along in time to quote chapter and verse of TCA as to why you were denied and how to fix it.

[No_0ne]

15 minutes ago, Murgatroy said:

You are off base.

 

Denied is denied. You can appeal, but that doesn't automatically mean you are good to go. If a convicted rapist pops on a background check, they don't just give him his gun in fifteen days. he was denied.

 

A delay is another matter. If you are delayed or receive a conditional you will be given the go ahead after a few days, or the FFL can transfer the firearm at his discretion after a certain period of time.

 

My advice is to reach out the the TBI and see what really popped you, not what you think popped you. It could be the two years of unpaid fines led to a bench warrant, meaning for the last two years you have been a fugitive from justice. It could be that the fines being paid haven't posted.

 

I would ask for a refund from the FFL and check on cleaning up my background.

 

But I am not a lawyer, nor did I stay at a Holiday Inn Express last night. There are some sharp cats on the board and I am certain they will be along in time to quote chapter and verse of TCA as to why you were denied and how to fix it.

Murg, since when has not being a lawyer stopped any of us from dispensing legal advice?  Loudly proclaiming our opinions as facts is a time-honored TGO tradition, except for Chip of course, who has a bad habit of ruining entertaining threads with actual  facts ...

[ajd3530]

No, legally I am on the up and up.

 

And I know just because I appeal doesn't mean it is overturned, but don't they have to let either me or the FFL know one way or the other? It just seems odd that the guy at the shop has changed his story twice and seems to have no idea what is going on.

[Pain103]

 Possibly could be from something hasn't had the disposition entered from the case. You said you in the past you owed fines to your local general sessions court so this would typically not always mean there was an arrest. So an arrest entry that doesn't have the disposition entered can pop you on the background check. But you really need to start making the calls and finding out why you are getting denied then you can actually start fixing the issue. Nobody else is going to do it for you.

[Garufa]

So far we've heard an assumption on reason for denial and a gun dealer being left to take care of it.

1) A reason will be given for denial. What is it?

2) It is up to you to get it resolved. Not the dealer.

Edited June 15, 2016 by Garufa

[Pete123]

I agree with Garufa.  Also, the guy at the pawn shop isn't going to help you.  Just to clarify, you didn't pay for the gun, you are just out the $10 for the background check, correct?

I wouldn't deal with the pawn shop again if all you are out of is $10

[zybysco]

They won't tell the gun store anything about the issue. They will only tell you.  Get the denial code from the dealer and call yourself. I've heard they sometimes mail the customer info, but I've not heard of it happening lately.

They only contact the gun store if the appeal is overturned or placed on conditional proceed.  Sounds like neither happened for you.

[ajd3530]

Turns out my appeal had been accepted and the denial overturned as of the 26th of May and the dealer didn't notice. Went in there yesterday, and he called then instead of doing it on the computer, and I was approved in less than 3 minutes. Good to know that is cleared up.

 

Thanks for the help on this guys.