NICS denial

[Truckerman79]

Some of you know I had a little court issue last year that was dismissed because the witnesses were liars. I have a certified copy of the dismissal and will get a fingerprint card in the next couple of days.

How long should I expect to wait before my appeal goes through? My only criminal conviction was when I was 18 for underage drinking.

 

[The Keymaster]

Expect it to take 5-6 months. You must first ask for the reason for the denial. You can do that online. You will need the FTN number from the dealer that processed the transaction. Once you have filed that they will respond with the document pack that contains all the necessary paperwork to complete the appeal, along with the reason for the denial. The rest of the transaction is handled in the mail. I had a denial last year because my name was similar to someone with a conviction for a felony. It took from mid July 2009 until late January of 2010 to get the appeal completed. Once you submit the paperwork all you can do is wait. I called them every 2 weeks, trying to speed up the process. All they would tell me is that it was being worked on, and that the current processing time was 138 days.

 

[Truckerman79]

Expect it to take 5-6 months. You must first ask for the reason for the denial. You can do that online. You will need the FTN number from the dealer that processed the transaction. Once you have filed that they will respond with the document pack that contains all the necessary paperwork to complete the appeal, along with the reason for the denial. The rest of the transaction is handled in the mail. I had a denial last year because my name was similar to someone with a conviction for a felony. It took from mid July 2009 until late January of 2010 to get the appeal completed. Once you submit the paperwork all you can do is wait. I called them every 2 weeks, trying to speed up the process. All they would tell me is that it was being worked on, and that the current processing time was 138 days.

That sucks.

 

[smoking357]

Background checks are a coup waiting to happen, and the NRA backed the imposition of such checks.

 

[esigler]

My appeal took three long months, seemed longer I called them every week (squeaky wheel gets the grease)!

 

[Truckerman79]

My appeal took three long months, seemed longer I called them every week (squeaky wheel gets the grease)!

Damn, that seems so long for something a simple phone call can resolve (at least in my case anyway).

 

[Indy_Guy_77]

Also, if you expect this to cause problems in the future, when you do your appeal stuff, ask the Federalis to keep your info/file.

A co-worker went through this several months ago. And then again a few weeks ago. He kept all his old paperwork, however, and this time, he accepted the option for them to "save" his info and give him a unique PIN that'll be used on future NICS paperwork.

-J-

 

[The Keymaster]

It's called VAF...Voluntary Appeal File. I did the same thing and got a UPIN. Due to the privacy act, they are not allowed to keep your information on file without your permission. You can fill out a form that will be included in your package, submit your prints, and they will issue you a UPIN that you can include when you fill out your 4473. I still get delayed every time, but all my transactions since I got the UPIN have gone through within 24 hours.

 

[Truckerman79]

I'm sending my paperwork in today. We'll see how it goes. I'll keep the thread updated.

 

[The Keymaster]

They will send you a letter in a week or so to let you know that they got it. if you do not get the letter in 2 weeks call them. Have the FTN number ready when you call.

 

[Truckerman79]

I received a letter from the FBI dated 4/27/10 that they received my letter for appeal and that they also have the items (fingerprint card, certified copy of dismissal) I mailed with my letter.

I was surprised to see their reason for the denial:

Your denial indicates that either you or another individual with a similar name and/or similar descriptive features has been matched with the following federally prohibitive criteria under Title 18, United States Code, Section 922 (g) (8): A person who is subject to a court order that (A) was issued after a hearing of which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C) (i) includes a finding that such person remains a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.

This got me thinking that possibly this could really be a case of mistaken identity. The way this is worded looks like it has to to with a restraining order of some sort in a domestic violence case! Then I thought about the "no contact" order that was slapped on me during my bail hearing in my case. I remember it did prohibit me from possessing firearms until the case got resolved. Anyway that case has been over for some time and it was dismissed once the prosecution realized that their witnesses were liars.

So now I'm going to be doing a weekly email or phone call to check the status of my appeal and will keep this thread updated.

 

[The Keymaster]

Your analysis makes perfect sense. That stuff sticks with you until you make an effort to clear it up. I hope you applied for a VAF and UPIN so your information will be saved, or you will get denied every time.

 

[Truckerman79]

Your analysis makes perfect sense. That stuff sticks with you until you make an effort to clear it up. I hope you applied for a VAF and UPIN so your information will be saved, or you will get denied every time.

They never sent me anything about applying for a VAF and UPIN. How do I do this?

 

[Scutter01]

They never sent me anything about applying for a VAF and UPIN. How do I do this?

The UPIN is granted when your VAF is returned as approved. You put your UPIN on future 4473's to avoid delays and confusion.

https://www.indianagunowners.com/fo...067-fyi_nics_appeals_process_time_way_up.html

https://www.indianagunowners.com/forums/general_political_discussion/44492-how_do_i_get_a_upin.html

FBI Voluntary Appeal File Application brochure

 

[The Keymaster]

When you received your appeal documentation and fingerprint card there dhould have been a multicolored leaflet in the package that explains the VAF process. There is a short form in the leaflet that you have to return. The completed form, along with a successful appeal allows NICS to keep your information on record to use during future NICS checks. If you do not do this, the privacy act forces them to discard the successful appeal information within a certain time period, and you will likely be denied, and have to go through the appeals process again next time you attempt to make a purchase. Withe the VAF you get a UPIN (unique personal identification number) to put on the 4473 form each time you make a purchase. You may still get delayed, but you will probably not get denied.

 

[Truckerman79]

I inquired as to the status of my appeal and received the following "canned" email:

Your transaction is still waiting to be worked at this time. Voluntary Appeal File (VAF) and appeal cases are processed in the order in which they are received; therefore, I am unable to give you a time-frame on when the VAF/appeal will be completed. Due to the high volume of VAF and appeal applications currently being received as well as the scope and complexity specific to each case, the current processing time for an appeal and/or VAF request is approximately 136 days.

NICS Section
CJIS Division

Looks like this is going to take a while.

 

[Truckerman79]

When you received your appeal documentation and fingerprint card there dhould have been a multicolored leaflet in the package that explains the VAF process. There is a short form in the leaflet that you have to return. The completed form, along with a successful appeal allows NICS to keep your information on record to use during future NICS checks. If you do not do this, the privacy act forces them to discard the successful appeal information within a certain time period, and you will likely be denied, and have to go through the appeals process again next time you attempt to make a purchase. Withe the VAF you get a UPIN (unique personal identification number) to put on the 4473 form each time you make a purchase. You may still get delayed, but you will probably not get denied.

Interesting, I sent all of my documentation with my initial letter (fingerprint card, certified copy of case disposition) and only received a form letter back about a week later. No multicolored leaflet explaining the VAF process. Looks like I'll be on the phone with them in the morning.

 

[Scutter01]

Interesting, I sent all of my documentation with my initial letter (fingerprint card, certified copy of case disposition) and only received a form letter back about a week later. No multicolored leaflet explaining the VAF process. Looks like I'll be on the phone with them in the morning.

I linked the leaflet in my last post.

 

[IMPD31323]

I had a top secret clearence for 6 years in the military and am now a LEO. Had a denial 2 years ago. Resent the form with my social number and went right though. Go figure.

 

[japartridge]

Link to VAF changed

Here is the new working link:

http://www.fbi.gov/about-us/cjis/nics/appeals/nics_vaf_brochure_eng.pdf