Buddy was denied a pistol purchase after background check. Now what?

This is a discussion on Buddy was denied a pistol purchase after background check. Now what? within the General Firearm Discussion forums, part of the Related Topics category; I realize there is an appeal process, but whats to stop him from trying again? He has no felonies or battery/assault charges etc... Approx 10 ...

Results 1 to 15 of 15
Like Tree12Likes
  • 1 Post By Haywood
  • 2 Post By archer51
  • 1 Post By JTNiggle
  • 7 Post By OutWestSystems
  • 1 Post By dangerranger

Thread: Buddy was denied a pistol purchase after background check. Now what?

  1. #1
    Member Array Hollow_point's Avatar
    Join Date
    Apr 2013
    Location
    Indiana
    Posts
    18

    Buddy was denied a pistol purchase after background check. Now what?

    I realize there is an appeal process, but whats to stop him from trying again? He has no felonies or battery/assault charges etc... Approx 10 years ago he had a motorcycle and decided to run from the police to avoid a speeding ticket like a dumba$$. Long story short he wrecked in the process and got caught. He's grown up now, married and stayed out of trouble his entire life besides that one bad decision. Im not sure if one of his charges was originally a felony or not, but I know they were all dropped to misdemeanors. He wants a home protection pistol and got denied after the background check. He has no idea why considering his only charges on his record are misdemeanors, and they dont tell you anything, just that you are denied. We live in IN. I think it may of been a fluke and it was a small mom and pops shop. That or its something to do with his past, but I dont understand the reason there considering his charges were not serious.

    My question is, can he try again at another store to see if this was a fluke, or is that a no no? I really dont know because I've never had to deal with this.

  2. Remove Ads

  3. #2
    Senior Member Array Haywood's Avatar
    Join Date
    Jul 2006
    Location
    ohio
    Posts
    1,156
    Lawyer Time. He can get your Record exsponged. My Nephew did it.
    Badey likes this.

  4. #3
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,372
    The fact that it was a "mom and pop" shop has no effect on the background check. Are you sure he was denied and not delayed? Personally I'd advise him go through the appeals process.
    Taurahe and gasmitty like this.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

    USAF Retired
    NRA Life Member

  5. #4
    Member Array JTNiggle's Avatar
    Join Date
    Apr 2013
    Location
    Pacific NW
    Posts
    107
    Quote Originally Posted by archer51 View Post
    The fact that it was a "mom and pop" shop has no effect on the background check. Are you sure he was denied and not delayed? Personally I'd advise him go through the appeals process.
    x2, this is the right way to handle it. If his appeal is denied, then he can go the lawyer route if needed.
    msgt/ret likes this.

  6. #5
    VIP Member Array OutWestSystems's Avatar
    Join Date
    Apr 2013
    Location
    Colorado Springs, CO
    Posts
    2,171
    The one thing I have learned about people that "have had a run in with the law" is they rarely tell you the whole story.
    redmc, suntzu, NCW Ray and 4 others like this.

  7. #6
    VIP Member Array Taurahe's Avatar
    Join Date
    Jan 2013
    Location
    Indianapolis IN
    Posts
    3,260
    Indiana is a shall issue state, meaning that the only way they can deny a permit is if he has something on his record that meats denial criteria... felony, any domestic violence charges, convicted felon etc. Your friend needs to find out exactly what he was denied for and get a lawyer and follow the appeals process. Btw, his motorcycle stupidity could very well be the problem. Fleeing on a motor vehicle is felony. He needs to verify how he was charged. Felony is as felony does.

    Several scenarios....
    your friend is mistaken about what his charges were ( very possible)
    your friend is not being paul harvey and giving you the rest of the story ( maybe, maybe not) Fleeing and eluding is not commonly reduced to a misdemeanor. running from the law is highly frowned upon in all jurisdictions.
    your friend has things on his record that dont actually pertain to him ( possible but not likely)
    The state just doesnt like him.....

    Hope your friend gets it all sorted out quickly.

    Also, as mentioned you can be denied or delayed.... there is a big difference between the two.
    ”God grants Liberty only to those who love it, and are always ready to guard and defend it.”
    ~Daniel Webster

    Your points are shallow... my points are Hollow....

  8. #7
    Senior Member Array elmacgyver0's Avatar
    Join Date
    Mar 2013
    Location
    midwest
    Posts
    710
    Have him write a letter to BATFE in DC to review and update his FBI records. If this don't work he can always hire a lawyer.

  9. #8
    VIP Member Array OutWestSystems's Avatar
    Join Date
    Apr 2013
    Location
    Colorado Springs, CO
    Posts
    2,171
    Quote Originally Posted by Taurahe View Post
    Indiana is a shall issue state, meaning that the only way they can deny a permit is if he has something on his record that meats denial criteria... felony, any domestic violence charges, convicted felon etc.
    He wasn't denied a carry permit, he was reject on his NICS check, which means the fed says he is not allowed to own firearms.

  10. #9
    Distinguished Member Array hardluk1's Avatar
    Join Date
    Dec 2009
    Location
    nc mountains
    Posts
    1,326
    Mom and pop shop does not matter . You don't know your buddy that well and you may not be getting all the info . Becides at this point its third hand. Let him get a lawyer to help him. No lawyers here.

  11. #10
    Member Array Hollow_point's Avatar
    Join Date
    Apr 2013
    Location
    Indiana
    Posts
    18
    Ya I figured the store having anything to do with it is unlikely, but I know the place. They might sell a couple guns a month, meaning they rarely call them in. Again, very unlikely theory. He was delayed too. Had to wait until the next day and go back. Thats when he found out he was denied. I do know this guy very well. He's been a close friend since I was little. He was in my wedding, me in his, etc... He's not hiding anything. I do know that he completed a deferral program or somwthing like that and his charges were reduced to misdemeanors. I havent asked him the exact charges, and I'm not sure he even knows it was so long ago. Sounds like he needs to be finding out for sure. He was discouraged and doesnt want to mess with the appeal process. Sounds like he will have to if he wants his pistol. Thanks for the responses.

  12. #11
    VIP Member Array Taurahe's Avatar
    Join Date
    Jan 2013
    Location
    Indianapolis IN
    Posts
    3,260
    Quote Originally Posted by OutWestSystems View Post
    He wasn't denied a carry permit, he was reject on his NICS check, which means the fed says he is not allowed to own firearms.
    Duly noted... I misunderstood for some reason lol. Its been a long day
    ”God grants Liberty only to those who love it, and are always ready to guard and defend it.”
    ~Daniel Webster

    Your points are shallow... my points are Hollow....

  13. #12
    VIP Member Array Taurahe's Avatar
    Join Date
    Jan 2013
    Location
    Indianapolis IN
    Posts
    3,260
    Quote Originally Posted by Hollow_point View Post
    Ya I figured the store having anything to do with it is unlikely, but I know the place. They might sell a couple guns a month, meaning they rarely call them in. Again, very unlikely theory. He was delayed too. Had to wait until the next day and go back. Thats when he found out he was denied. I do know this guy very well. He's been a close friend since I was little. He was in my wedding, me in his, etc... He's not hiding anything. I do know that he completed a deferral program or somwthing like that and his charges were reduced to misdemeanors. I havent asked him the exact charges, and I'm not sure he even knows it was so long ago. Sounds like he needs to be finding out for sure. He was discouraged and doesnt want to mess with the appeal process. Sounds like he will have to if he wants his pistol. Thanks for the responses.
    The appeal process sucks but if he wants to own a firearm it is his only option, and knowing the feds it will take a while. Sorry to hear he is having a rough go of it.
    ”God grants Liberty only to those who love it, and are always ready to guard and defend it.”
    ~Daniel Webster

    Your points are shallow... my points are Hollow....

  14. #13
    Member Array JTNiggle's Avatar
    Join Date
    Apr 2013
    Location
    Pacific NW
    Posts
    107
    Quote Originally Posted by Hollow_point View Post
    Ya I figured the store having anything to do with it is unlikely, but I know the place. They might sell a couple guns a month, meaning they rarely call them in. Again, very unlikely theory. He was delayed too. Had to wait until the next day and go back. Thats when he found out he was denied. I do know this guy very well. He's been a close friend since I was little. He was in my wedding, me in his, etc... He's not hiding anything. I do know that he completed a deferral program or somwthing like that and his charges were reduced to misdemeanors. I havent asked him the exact charges, and I'm not sure he even knows it was so long ago. Sounds like he needs to be finding out for sure. He was discouraged and doesnt want to mess with the appeal process. Sounds like he will have to if he wants his pistol. Thanks for the responses.
    The appeals process is very simple, it's just paperwork that has to be completed and sent in. They will take a closer look at his case and respond with their decision, in about 9 months. I've done it myself and the effort required is minimal.

  15. #14
    Distinguished Member Array dangerranger's Avatar
    Join Date
    Sep 2012
    Location
    Exact center of CA
    Posts
    1,668
    First find out why! it could be a transposed number in his SSN, someone with a like name, He could have an identity thief using his name. Simple things can hang you up! DR
    Aceoky likes this.

  16. #15
    Distinguished Member Array Black Knight's Avatar
    Join Date
    Jun 2006
    Location
    Charlottesville, VA
    Posts
    1,293
    As I understand it, the store is required by law to provide the customer a phone number they can call to find out the reason for the denial. Have him get that number and find out why he was denied. Once he knows why he was denied then he can go through an appeals process (with a good lawyer). If he was convicted as a felon then the lawyer needs to work on this matter, but in all honesty if it is because of a felony conviction the lawyer may just be taking his money for nothing. As stated, first find out why it was denied then go from there. Who knows it could be something as simple as someone with the same name who has a far worse record that he is being confused with.

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •