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Got a NICS "Deny", but eventually turned it into a "Proceed"!

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Hi all.

I've been meaning to post this somewhere for a while now, but just getting around to it. It's slightly old news, but hopefully relevant for some other poor souls out there.

tl;dr: If you were/are a MA resident and are mysteriously flagged as a fugitive from justice, it might be due to a missed/ignored Jury Duty summons! Also, be persistent!

Details, for posterity:

6/5/14 - Tried to buy my first gun as a ME resident, DENIED (!!)
Immediately initiated Voluntary Appeal process (fingerprints, etc.),
thinking that there was a mixup due to similar names or something.

6/13/14 - Got a letter back from FBI stating that my denial was based on a record
marking me as a fugitive from justice! This was big news to me, as
I've lived a pretty boring life. NO idea what was going on, had to be
some bizarre mistake. The only clue I had was information indicating
that the prohibiting record was from MA. I had lived in MA
for a couple of years after college, but hadn't lived there for over 10
years by this point. Tried to get info via CORI online, nothing. Made a
paper-based CORI request.

7/1/14 - After a comedy of errors in trying to get a paper-based CORI request
approved (missed the detail that personal checks are not accepted, so
had to send a money order for $25!), finally get a response that there is
officially nothing in the CORI system for me. I fax the information to
NICS, hoping that they will see that there is some mistake, and wait.

7/9/14 - Finally receive a response from NICS stating that my clean record
notwithstanding, there is still a prohibiting record in their system and
they do not have the authority to remove it. I'll have to figure that part
out myself. By this point, I am really at a loss. Officially, the state of MA
appears to have no problem with me. In fact, just a few weeks earlier I
got stopped on I-90 near Chicopee for passing a truck at 72 in a 55. The
nice state trooper writes me a ticket but doesn't invite me back to the
barracks in bracelets as one might expect him to do with a fugitive from
justice.

7/10/14 - After stewing for a bit, I spend most of a morning harassing various MA
bureaucrats in the MA DCJIS firearms division before I find someone
who will figure out what the problem is. FINALLY, some answers.
Apparently, a summons for Jury Duty was sent to my old address in MA
and was never forwarded or returned. In MA, failure to perform jury
service will result in an automatic bench warrant being issued for the
person's arrest. But not really? All that seemed to have happened was
that MA put a record in the federal NICS database. I wrote a letter to
the district court where the bench warrant had been issued, explaining
the situation and asking to please vacant the warrant. I didn't mention
NICS or trying to buy my first gun, though. ;)

7/16/14 - After calling in and asking about status a few times, I'm advised that
my case will be heard, and later that day I'm told that the warrant has
been vacated. Woo!

7/18/14 - Got paper records of the warrant cancellation, faxed to NICS, also called
in to harass people in the MA DCJIS firearms division again. Stayed on it
until late on a Friday afternoon when I spoke with a lady who clearly
just wanted to clock out, and agreed with a sigh to update the computer
record right then while I was on the phone. A few clicks, and it was
done.

7/19/14 - Picked up my SA XD .40. NICS check passed without a hitch. The guys
at the gun shop said they'd never seen a "Deny" turn into a "Proceed" before.

Since then, I've acquired several other guns in ME and in MA (I'm back!), never a problem.

Other thoughts/observations:
If the guys at the gun shop offer to have "their buddy the city cop" come by to check your background to see what the problem is, FOR THE LOVE OF PETE, DON'T DO IT!! Being the naive, trusting soul that I am, I thought this was a great idea. It turned out "he wasn't available", but in hindsight I realized that this might have been a great way to meet new friends and have new experiences behind bars while the clerical error was sorted out. I think back on that and just shake my head in amazement at how stupid I was... I knew I hadn't done anything, but do you think the cop would have cared to hear my side of it? Nope!
 
Lol, Fugitive from justice. I always figured when filling out the form that you wouldnt even know if you were a fugitive from justice.
 
I always worry that they will send me a jury duty summons to an old addy and this will happen to me. I got one at my old addy. But it was forwarded to me(just in time). I sent them the "I don't log there anymore, here's a copy of my license. And a bill". Edit. It was in a different county. So I didn't have to serve.
 
I blame the one armed man!
I what a pain in the ass, I am glad it all worked out!
It could have been way worse:
 
Last edited by a moderator:
lol I actually had a warrant and bought like 10 guns with it(missed a court date).

But also all that trouble to buy a 40....
 
If the guys at the gun shop offer to have "their buddy the city cop" come by to check your background to see what the problem is, FOR THE LOVE OF PETE, DON'T DO IT!!

This would actually make me question doing business at the LGS in question again, I'd deeply evaluate how much they were trying to help me out vs how much they were trying to just bag you as a criminal and give their "buddy" a catch of the day.
 
I always worry that they will send me a jury duty summons to an old addy and this will happen to me. I got one at my old addy. But it was forwarded to me(just in time). I sent them the "I don't log there anymore, here's a copy of my license. And a bill". Edit. It was in a different county. So I didn't have to serve.

Im fairly certain if they try to send me something using my license address it will not show up. They have me at the right address, wrong town and zip because they refuse to change it. I technically live in that town, but not that zip and if they don't put the other town/zip mail doesn't show.
 
I got Denied once before. It took 10 Months to clear it up. It came
back as a "Fugitive from Justice" too. Something that happened
17 years prior to the denial. I had already purchased rifles and
a handgun going thru NICS in those years.

It took a letter to the Judge I was in front of for a traffic violation
to remove the warrant. He was still sitting on the Bench!

MaloDave
 
Not bad. Just pointless.

I'd love to hear why. Not to sidetrack, but so many people shit on the .40. For some stupid reason I shoot better with .40 than a 9mm. I suppose it would make sense if there was no 10 round limit, but there is (preban aside). So I should switch to 9mm. Nah.
 
I'd love to hear why. Not to sidetrack, but so many people shit on the .40. For some stupid reason I shoot better with .40 than a 9mm. I suppose it would make sense if there was no 10 round limit, but there is (preban aside). So I should switch to 9mm. Nah.

It seems that the most common objection is that it's a shitty compromise between 9mm and .45. The "neither fish nor fowl" argument. Another objection is that it's a stupid watered-down 10mm that only exists because some FBI agents on the smaller side couldn't handle 10mm recoil.

I guess I can understand those objections, but they don't bother me. I quite like my .40 for IDPA. The gun just feels right, and I make quick, accurate shots with it. I did buy an XD-S in .45 for carry, though. At some point I'll probably pick up a 9mm of some sort just to have options.
 
This would actually make me question doing business at the LGS in question again, I'd deeply evaluate how much they were trying to help me out vs how much they were trying to just bag you as a criminal and give their "buddy" a catch of the day.

Maybe I'm still being naive, but I really think they were trying to sort out whether I was actually a shitbird or not. Someone who knows they're probably not supposed to be trying to buy a gun would hear "my buddy the cop" and quickly make an exit. What I didn't add to an already-long post was that the guys gave me lots of info about appealing the denial and let me take a concealed-carry class (with half a day of range time) while I was still sorting things out.

All that having been said, even the best intentions can lead to some unpleasant situations. I'm certain now that nothing would have come up had said buddy run my background, but I didn't know that at the time.
 
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