Have you ever failed a background check when buying a gun?

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  • Mosinguy

    Shooter
    Rating - 100%
    16   0   0
    Feb 27, 2011
    4,567
    48
    North Dakota soon...

    I have the misfortune of being born in Pakistan. Both my parents are American(white) I have lived here since I was 2. After 9/11 I got delayed every time. Ihave a one of a kind name (Goggled it several times). The Feds in every casenever called the gun shops back. Some say this never happened to them before.About 5 years ago I started using my SSN against my better judgment. But itmade gun shows pointless. Ever since then I have not had a delay.

    I wouldn't say you being born in Pakistan is misfortunate.
     

    superjoe76

    Master
    Rating - 100%
    12   0   0
    Mar 21, 2011
    2,901
    38
    Allen County
    I am batting a thousand on this one! I still get a bit anxious when the FFL takes over and you are just waiting on the reply. Thankfully I am awesome! :cool:

    I have been around people that got delayed and its truly a mixed bag of emotions. You get the pissed of at the clerk response, the pissed off at the government rant, or the dazed and confused reaction.
     
    Rating - 100%
    8   0   0
    May 6, 2012
    2,152
    48
    Mishawaka
    If you actually failed, then that means they determined you were ineligible in the first place, which would be nothing new to you.

    I disagree with this statement :)

    I went to LGS to purchase a gun. Filled out form 4473 and got delayed. After 3 days, I was denied. I filled out an appeal form that the NICS has for just such an occurance. The response I received from the FBI was that my descriptive features (name, etc.) matched those of someone that was convicted of a crime carrying a sentence of more than one year. This was a surprise to me so I got ahold of my criminal record from ISP. My criminal record said that I was charged and convicted of a class D felony.

    (a little background)... I was arrested for doing some stupid things about 17 yrs ago. back then, when I was sentenced, my attorney offered to the judge the fact that I was a candidate for the alternate misdemeanor treatment. Long story short, the judge agreed. I was sentenced (in court) to 1yr suspended, with 1yr probation and restitution and the sentence would show on my record as an "A" misdemeanor (which carries a max. sentence of 1 yr) and not the original felony as long as I didn't get into any trouble within a certain time frame afterwards, then it would stay that way.

    (fast forward to receiving my criminal record from ISP)... I called the attorney that helped me way back then and he remembered me (for other reasons).. He obtained copies of the original court documents from the case. The papers stated everything as i remembered it. (the system failed back then, and was evident to me at this point in time)... I called ISP and politely asked how I would go about correcting my record. Explained everything and was told to fax my paperwork into them and they would call me when it was corrected. I got my phone call a couple days later and they were kind enough to send me a current (corrected) copy of my criminal record.

    Now that I'm "legally" not a felon, I need to get things right with the feds. ISP said they would forward my info to the FBI but it would take them a couple (or 4) months to get it updated on their end. Since I don't want to wait for the failing justice system's wheels to turn at a painfully slow rate, I filled out the V.A.F. (voluntary appeal file) form. I went to the local PD for fingerprints. I sent the print card, criminal record, and copies of the court papers to the feds and waited for a response.

    They responded within a week and a half. I now have permission to purchase (and own) firearms. They also sent me a UPIN (Unique Pin Number) that is associated with all of my appeal documents (the 'file'). I purchased a gun last week and filled out 4473 and put my UPIN on the page. When the guy at LGS called it in, he gave her all the info first (not the UPIN).. she came back with 'further review'.. then he said 'well, the gentleman has a UPIN'.. gave it to her and it took a couple minutes and he was given an 'ok to proceed'. Very painless now that things have been fixed.

    The moral of the long story is that even though you may 'believe' that things like this should be known to you they may 'honestly' not be known.

    This also may explain a few job opportunites that I wasn't offered.

    sorry for the long read.

    Stay safe
     

    Double T

    Grandmaster
    Rating - 100%
    15   0   1
    Aug 5, 2011
    5,955
    84
    Huntington
    I fail them all the time, that's why I get mine from private sales from Eric Holder or down in MEX-EE-CO

    Seriously though, a failed 4473 is for an improper person. I am 100% proper.
     

    Mark 1911

    Grandmaster
    Site Supporter
    Rating - 100%
    12   0   0
    Jun 6, 2012
    10,941
    83
    Schererville, IN
    I disagree with this statement :)......

    The moral of the long story is that even though you may 'believe' that things like this should be known to you they may 'honestly' not be known.

    This also may explain a few job opportunites that I wasn't offered.

    sorry for the long read.

    Stay safe

    Sorry, no generalization intended. Sounds like you are the victim of a bureaucratic SNAFU on a grand scale. Hopefully you have it squared away now and don't have any future problems. Wish you luck on that one! :ingo:
     
    Rating - 100%
    8   0   0
    May 6, 2012
    2,152
    48
    Mishawaka
    Sorry, no generalization intended. Sounds like you are the victim of a beaurocratic SNAFU on a grand scale. Hopefully you have it squared away now and don't any future problems. Wish you luck on that one! :ingo:

    I am aware that your post wasn't directed at me, just wanted to share the travels through the red tape :)

    As soon as i failed and got my appeal back from the feds and came to find out i 'was' a felon, i got the guns out of my house immediately and quit going to the shooting range.

    The crappy part is that I had already had a gun (bought from private sale due to convenience) prior, and had been shooting several times at the range before I found out..

    I can see it now .. pulled over for turn signel bulb being out, see the ammo on my dash (boxed) and gun on floor opposite side back of cab of truck).. arrested for being a felon in possession.. trying to sort it out from the slammer.. "but officer, I'm NOT a felon, I was convicted of a misdemeanor".. could have had a bunch of bad things happen quickly.

    Fortunately, things worked out and they are 100% sorted. In fact, Just last week I bought a gun from LGS after filling out 4473 and receiving 'ok to proceed' .. of course having the UPIN helps :)

    I am now a proper person. (not that I wasn't before, but the system said that I wasn't) LOL..

    Stupid beaurocrats (sp ?)
     
    Last edited:

    JettaKnight

    Я з Україною
    Site Supporter
    Rating - 100%
    6   0   0
    Oct 13, 2010
    26,700
    113
    Fort Wayne
    Never been denied or delayed. I always go to a second examiner for some reason though, but in the end I always get the "proceed"... I have not had so much as a speeding ticket in my lifetime so I am not sure what the reason is that I always get sent to the 2nd Examiner.

    Perhaps it's because someone with the same name has been naughty. There's a guy with the the same name as me (rare, too) that did bad things to people. I often get to go "to the next level". It adds 30 seconds to the phone call. :dunno:
     

    Mark 1911

    Grandmaster
    Site Supporter
    Rating - 100%
    12   0   0
    Jun 6, 2012
    10,941
    83
    Schererville, IN
    Fortunately, things worked out and they are 100% sorted. In fact, Just last week I bought a gun from LGS after filling out 4473 and receiving 'ok to proceed' .. of course having the UPIN helps :)

    I once looked into the procedure for applying for a UPIN. I couldn't find any straight forward procedure for it, and what I did find was so confusing that I gave up. Please do us all a favor and explain exactly how to apply for a UPIN!! I would go out on a limb and say that its a topic deserving of a separate post!

    I am not a proper person. (not that I wasn't before, but the system said that I wasn't) LOL..
    I assume you meant to say, "I am NOW a proper person". :yesway:
     

    MrsGungho

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 18, 2008
    74,615
    99
    East Side
    I once looked into the procedure for applying for a UPIN. I couldn't find any straight forward procedure for it, and what I did find was so confusing that I gave up. Please do us all a favor and explain exactly how to apply for a UPIN!! I would go out on a limb and say that its a topic deserving of a separate post!


    I assume you meant to say, "I am NOW a proper person". :yesway:

    .http://www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/nics-appeal-frequently-asked-questions
     
    Rating - 100%
    8   0   0
    May 6, 2012
    2,152
    48
    Mishawaka
    I once looked into the procedure for applying for a UPIN. I couldn't find any straight forward procedure for it, and what I did find was so confusing that I gave up. Please do us all a favor and explain exactly how to apply for a UPIN!! I would go out on a limb and say that its a topic deserving of a separate post!


    I assume you meant to say, "I am NOW a proper person". :yesway:

    GOOD CATCH !! (hope that mis-type isn't used against me in an INGO classified purchase) LMFAO..

    Gonna go edit that post and start a thread for getting a UPIN.. it was so super easy, you'll be embarrased once you see the process :yesway:
     

    MrsGungho

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 18, 2008
    74,615
    99
    East Side
    This appears to be a link to a Voluntary Appeal Form. Do I have to fill one of these out to apply for a UPIN?
    I believe so. I scanned real quick to see but call the numbers provided and they will help you. They have also been more than kind when I needed to call with questions
     
    Rating - 100%
    8   0   0
    May 6, 2012
    2,152
    48
    Mishawaka
    does having a ltch have any impact on approved/delayed time?

    seems ive heard a pinky gets you auto approved. mighta been a dream lol

    well, there's a caveat from what I've read (and can't cite code off the top of my head)..

    State law IIRC says that if you have the pinky, you may skip the 4473, however there's always the 'notwithstanding any other law... ' blah blah.. the federal level says in order to purchase, each proposed purchaser must fill out 4473 (except a few persons, usually listed in the code)..
     

    MrsGungho

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 18, 2008
    74,615
    99
    East Side
    well, there's a caveat from what I've read (and can't cite code off the top of my head)..

    State law IIRC says that if you have the pinky, you may skip the 4473, however there's always the 'notwithstanding any other law... ' blah blah.. the federal level says in order to purchase, each proposed purchaser must fill out 4473 (except a few persons, usually listed in the code)..
    correct, the pink does not give you a free pass. Federal level does require the 4473 and that's what has to be done.
    Used to many years ago the pink got you around it, but not so much anymore
     

    SMiller

    Master
    Rating - 100%
    7   0   0
    Jan 15, 2009
    3,813
    48
    Hamilton Co.
    Pink still gets me delayed, sometimes I am approved, sometimes delayed 45min., sometimes 2hrs, just got delayed for 3 days (the max) with no call back which means I can get the weapon now. Never been in trouble AND I add my SSN to the sheet to help, going back and wasting gas as well as time pisses me off...
     
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