Denial

barry benoit

barry benoit

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A few months back i posted about a friend who got denied. He challenged his denial and received his response in approx. 2 months. His challenge was overturned and he was able to purchase the pistol he got denied on. The letter stated that they were able to resolve the issue for his denial and he is eligible to purchase/possess a firearm. My question which someone brought up to him was did this challenge "fix" the issue for denial or could he be denied on any future attempts to buy a firearm ? And have to go thru this process all over again. And yes he applied for a UPIN the letter also said they forwarded his VAF request to NICS for further processing.
 
CrackPot said:
UPIN application was the right decision. I have not seen denials on a UPIN but i have seen delays that resulted in a Brady date release (no response ever provided). I can tell you people get really pissed when they get a delay with a UPIN.
Click to expand...
He is not worried about delays...hes gotten accustomed to being delayed which has always resulted in a proceed. It took 2 months to get his challenge overturned but who knows how long before he receives his UPIN #
 
barry benoit said:
A few months back i posted about a friend who got denied. He challenged his denial and received his response in approx. 2 months. His challenge was overturned and he was able to purchase the pistol he got denied on. The letter stated that they were able to resolve the issue for his denial and he is eligible to purchase/possess a firearm. My question which someone brought up to him was did this challenge "fix" the issue for denial or could he be denied on any future attempts to buy a firearm ? And have to go thru this process all over again. And yes he applied for a UPIN the letter also said they forwarded his VAF request to NICS for further processing.
Click to expand...

Curious, was your friend provided with a reason(s) for the denial?
 
CrackPot said:
UPIN application was the right decision. I have not seen denials on a UPIN but i have seen delays that resulted in a Brady date release (no response ever provided). I can tell you people get really pissed when they get a delay with a UPIN.
Click to expand...
Isn't a purchase using a UPIN an automatic delay? I heard this somewhere, but I've never had a UPIN purchase to confirm it.
 
CDSUSA said:
Isn't a purchase using a UPIN an automatic delay? I heard this somewhere, but I've never had a UPIN purchase to confirm it.
Click to expand...
No. UPIN delays are the exception. They usually go through. Only about 1 in 10 UPIN seem to get delays.

Non citizen is an automatic delay since they need to manually check validity of residency. These almost always clear the next day.
 
If it's anything like I went through years ago, he'll get denied again... and again... and again... and go through the same
appeal process again... and again... and again. I have roughly 6-7 appeal letters and responses in my file drawer.
This was before they instituted the VAF/UPIN program. Only took a couple of months back then.
 
commodon said:
Curious, was your friend provided with a reason(s) for the denial?
Click to expand...

They won't tell you/give you the specifics why you were denied, not even the NIC's examiner who processed the background
check knows the details. All they see is Proceed/Delay/Deny.
 
barry benoit said:
He got a letter stating why
Click to expand...

By why he was denied, do you mean the specific offense/record that was flagging him?

Last time I had to go through this shit was about 15 years ago, so maybe it looks like things might have
improved somewhat since then (along with some things that got worse).
 
LoginName said:
By why he was denied, do you mean the specific offense/record that was flagging him?

Last time I had to go through this shit was about 15 years ago, so maybe it looks like things might have
improved somewhat since then (along with some things that got worse).
Click to expand...
He was told this....

his name and or discriptive info matched another record of an ineligible person
 
When I got a denial, The response from the FBI was "Fugitive from Justice"

I had to prove I was this person before they would give me any more info.

Found out a little later that it was from a Probation Violation in Florida 14 years earlier!

Cliff Notes: Traffic ticket, Did not go to Traffic School, Driving Privileges suspended,
Could not suspend my Maryland License. Pulled over again and arrested. Court Day:
Get Florida License, Pay Court Costs, 3 month probation w/ early termination upon
completing other court items. They were done before court day. Saw Probation
after court so they did not have to even start probation. Nothing got put in my file,
So they issued a bench warrant for the non-showing at Probation office. Took
14 years to work its way to NICS to cause the denial. Took me 10 months to get
everything cleaned up.

Malodave
 
barry benoit said:
He was told this....

his name and or discriptive info matched another record of an ineligible person
Click to expand...

That's the same reason that was stated on all my denials.
They never mentioned any specific offenses, dates, locations so I could at
least investigate further myself and hopefully clear the problem(s) up.

I think part of the reason I could never find out exactly where the problem originated (at least not with a little finagling which I did
manage to pull off once [wink] ), is because of privacy reasons... because it's not your record that you're inquiring about, they can't
release that information to you.

Reason I say that is even after I got my VAF/UPIN, and went in to apply for and subsequently renew my LTC,
shit was still kicking back on me, and I'd have bring in all my approval letters, and explain the whole thing to the licensing
officer.

Having the problem with the local police was one thing, but it even happened when I renewed my C&R license,
and I had to meet with someone with the ATF to get fingerprinted again... even though they were aware of
my situation, and had my fingerprints already on file.

On that occasion, and anther time with the PD licensing officer, I asked about seeing the records that were
causing me grief. Both times the persons I was talking to got antsy, and told me that they
couldn't show them to me because it was 'privileged information' (or some shit like that), even though
they had the records right in front of them.

I eventually gave up on it, said 'f*** it' because I knew it was futile getting any cooperation or help from them.
 
Malodave said:
When I got a denial, The response from the FBI was "Fugitive from Justice"

I had to prove I was this person before they would give me any more info.

Found out a little later that it was from a Probation Violation in Florida 14 years earlier!

Cliff Notes: Traffic ticket, Did not go to Traffic School, Driving Privileges suspended,
Could not suspend my Maryland License. Pulled over again and arrested. Court Day:
Get Florida License, Pay Court Costs, 3 month probation w/ early termination upon
completing other court items. They were done before court day. Saw Probation
after court so they did not have to even start probation. Nothing got put in my file,
So they issued a bench warrant for the non-showing at Probation office. Took
14 years to work its way to NICS to cause the denial. Took me 10 months to get
everything cleaned up.

Malodave
Click to expand...

You got lucky that it was only one offense that was kicking back as you.

The time I did manage to get a printout of the shit that was being attributed to me, was well over 40 offenses
ranging from drug possession, assault, stalking, B&E, DUI, etc in 3-4 different states.

I have no idea how things would have played out if I had ever gotten pulled over, and the cop ran a check on me.
Probably not good.
 
Nashua Cop That pulled me over gave me the info I needed to clear everything up.
The Warrant was out of Ft Lauderdale. And it was for me. The Cop said I should not
vacation in Florida anytime soon. Still had to inquire if they wanted me held for
extradition back to Florida for the warrant.

Malodave
 
Bonesinium said:
You’ve been denied.

Why?

That’s privileged.

Well it’s about me, so I’m privileged and able to know.

Well, it’s not actually about you. It’s about someone else.

So if it’s no me, why was I denied?

Uhh......………yeah………
Click to expand...

Exactly, and that's what makes it so frustrating, and what makes it even more frustrating, you can't really lay into them
or complain to someone higher up.
 
My goodness you guys are dealing with some bad well water. I can’t believe you put up with it! A case of misapplied identitiy?!??
 
smokey-seven said:
Hey Zeus! It's nice to hear a happy ending, but geeees.... what a long runway.
Click to expand...

I had to write a letter to the judge of the court explaining everything.
Turns out it was the same judge I was in front of all those many years ago.
He Vacated the Warrant and the Probation.

Walked into the gun store and was out in 10 minutes with my new Saiga 12
Shotgun that I was denied on

Malodave
 
CrackPot said:
UPIN application was the right decision. I have not seen denials on a UPIN but i have seen delays that resulted in a Brady date release (no response ever provided). I can tell you people get really pissed when they get a delay with a UPIN.
Click to expand...

I had a Brady release on the FUDDiest shotgun I've ever purchased. That was so goddamn obnoxious, but luckily it was through an FFL I was friendly with.

I can't imagine being delayed with a UPIN. That must be the most maddening thing ever since the only purpose of that f***ing thing is to prevent exactly that situation.
 
Delays can also be a pain the ass. I've brought in many collectible Winchesters for a gent who is a legal alien. Most always got a delay while they checked with ICE. Always got a proceed within a few hours. Told him to get a UPIN and the 03. Jack.
 
I have a cousin with almost the same name. And it's a very unusual name. Middle initial is the only difference.

He's been in jail or mental institutions much of his life. He was adopted by my Uncle and Aunt and apparently had been the victim of some horrendous abuse. My Uncle's solution to every problem was violence against the kid. So the kid set the family home on fire... twice.

He was unadopted and has had severe substance abuse problems. A record as long as your arm.

I keep wondering if/when they'll get me mixed up with him.

He still lives in MA. I did get calls many years ago about credit delinquencies for him. But was able to explain that it was not me and I never lived in Worcester.

I hope I never have to deal with this...


ETA: I hit send and my phone rings. It's the "National Debt Collection Center"... WTF??? Is was a scam call but timing is everything!
 
CrackPot said:
No. UPIN delays are the exception. They usually go through. Only about 1 in 10 UPIN seem to get delays.

Non citizen is an automatic delay since they need to manually check validity of residency. These almost always clear the next day.
Click to expand...

Hmm it has been the case with me now but when I first got my license i never got delayed
 

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