Denied by NICS - how to proceed?

Ben Cartwright SASS

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If Obot has his way the "no fly list" will be rolled into the NICS checks as they are saying that everyone on it is a terrorist suspect. [halfmast]

Hmmm, Teddy K. may have been alot of things but he wasn't a Muslim Terrorist. I have several friends who have the same name as someone on the no fly list and have a hell of a time whenever they try to fly.

If this happens and you are denied because your name is on the no fly list how do you complete the purchase? I assume it wouldn't be the same as what happened to me, when I was put off because the system was too busy and then could just get the gun 3 days later. [mg]

How do you handle a denial especially when it seems that it is due to the no fly list (assume that you can't find out why the denial)? I hate to give my SS# on a NICS but that may be the best solution - assuming that the no fly has that info

thoughts?
 
Depends on the state, in RI we are supposed to have a panel setup to review the denial, but that hasn't happened yet, thank Gina.
 
I haven't heard of an erroneous denial, but for repeated delays the feds offer the universal pin. They do a deep dive on you and keep it in the system so that it doesn't have to be researched each time and the first level person at nics can give the proceed.

Hopefully that would give such a person relief from undue loss of rights

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NCIS? hit on that pretty chick lab scientist with the tats....
SHE can help you out.
 
It took me 10 months to clear up a NICS denial on a Saiga Shotgun.
The denial was for a traffic infraction 17 years earlier that I went to court for
and complied with the terms of the court order. Somehow it got put back in
the system as a fugitive from justice. The FBI was no help in getting any
information about it.

Malodave
 
Since the "do not fly" and "suspected links to terrorism" lists are super-secret squirrel stuff, you'd never be told the real reason for this type of denial. Therefore, you couldn't effectively protest the denial. AFAIK, unless your name is Ted Kennedy (who was "erroneously" put on said "do not fly" list) you are never going to be able to get your name off that list, thus I suspect you are toast wrt NICS for life.
 
talk about timing.

This just popped up in my email....

No on HD4331

MA Legislators Want To Eliminate Due Process, Restrict Rights.

December 3, 2015

GOAL has learned that Representative Lori A. Ehrlich has filed legislation which would create a list of Americans citizens who, should they appear on it, would be stripped of rights with no due process.

This legislation is modeled after federal legislation that has many flaws.

* There is zero statutory criteria for inclusion on the list.
* The list would be run by unelected officials with no oversight and no accountability.
* Should your name wind up on the list you will be virtually powerless to find out why you are on it, or to have it removed.
* The federal model does not require the government to tell you why you are on the list.
* There is no due process, no right to a trial, nothing, you can wind up on this list and lose your rights.

Legislation of this nature goes directly against the Constitution and cannot be supported.

Please call your state representative and senator today, ask them not to support HD4331 "An Act relative to denying firearms and explosives to suspected terrorists"

No On HD4331!
 
HD4331

New bill will bring this problem front and center, it will make Mass add the no fly list to our background checks

write your legislator

- - - Updated - - -

Here is what I wrote


I am writing to object to the changes requested to the law proposed by this bill. While it sounds wonderful to stop terrorists by stopping anyone on the no-fly list or the terror watch list from buying guns, I have a question.

You would have denied Senator Teddy Kennedy from buying guns in Massachusetts! He was on the no-fly list, incorrectly and it took him, a US Senator, 3 months to get off it. I have several friends who have the same name as someone on the no-fly list and have trouble every time they try to fly. The are not terrorists but somehow got on the list.

This is not the way to protect us by denying millions the right to the 2nd Amendment. Yes there are well over a million on the list, 80% of them who pose no threat

Barack Obama
1600 Pennsylvania Ave
Washington DC
1-800-who-cares

Proposed changes

SECTION 1



Section 131 of chapter 140 of the Massachusetts General Laws, as appearing in the 2012 Official Edition, is hereby amended in subsection (d) by adding the following clauses:

(xi) is a person named on the consolidated Terrorist Watchlist maintained by Terrorist Screening Center administered by the Federal Bureau of Investigation
(xii) is on a No-Fly List administered by the United States Transportation Security Administration pursuant to 49 U.S.C. s. 44903(j)(2)(C)1


SECTION 2

Section 129B of chapter 140 of the Massachusetts General Laws, as appearing in the 2012 Official Edition, is hereby amended in subsection (a) by adding the following clauses following clause (xi):

(xii) is a person named on the consolidated Terrorist Watchlist maintained by Terrorist Screening Center administered by the Federal Bureau of Investigation
(xiii) is on a No-Fly List administered by the United States Transportation Security Administration pursuant to 49 U.S.C. s. 44903(j)(2)(C)1
 
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I haven't heard of an erroneous denial, but for repeated delays the feds offer the universal pin. They do a deep dive on you and keep it in the system so that it doesn't have to be researched each time and the first level person at nics can give the proceed.

UPIN is also for false denials as well.

I've witnessed quite a few erroneous denials, and that's just bumping into guys in gun shops. I knew they were erroneous too because of the way the customer was talking about it... like it happened before, they got an appeal and a proceed, and had to do it again and again and again... I forget what the stats are, but the number of falses by NICS every year is some large 5 digit number, from what I remember.

-Mike
 
I read somewhere that asomething over 75% of NICS were false due to things like similar name. Sux if your name is John Smith.

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Happened to me. The good news is if and when it does happen, a suspension letter gets issued at almost the same time. I got it cleared up after a year. No explanations of why were ever offered
 
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