View Full Version : Denial on purchase.....
....not me but the guy who said he’d buy my M&P-NOT a member here, actually one of my neighbors! The crazy thing is that last month he was cleared on a purchase at a retail shop-has never been in trouble a day in his life.
He started the appeal process with cbi, I told him I’d wait until it’s cleared up providing it’s not more than a couple weeks-he said he was cool with that. If I still have it when he gets cleared we’ll proceed.
Any of you know how long that takes? We’re guessing it’s a name mix-up.
XXFattyHunterXX
05-10-2018, 11:43
It was a month (around Christmas 2017) when I ran into this issue with a past buyer (not on here), he was denied for being here illegally but that's not the case, so they probably mistake your buyer with someone else. The letter saying he was approved was sent home right around the 29th day from bgc date, which sucks because its good for 30 days. So another bgc was performed but still take about an hour, gun transferred normally.
Sadly both denials referenced above will be used as part of the statistics used to justify how background checks prevent criminals from getting guns. Most of us are well aware that an initial denial is nothing of the sort. I would argue that the great majority of initial denials are more proof of the administrative deficiencies in an overly bureaucratic system.
I knew a guy that was denied for the Colorado BG check after passing the Federal check and it took 12 years and a change in the law before it was resolved.
I got a "delayed" at a gun show 11 or 12 years ago...it seems that they never logged a resolution for one of my (alleged) youthful indiscretions. CBI showed the arrest, but Jeffco courts never entered the dismissal. Tripped me up again when I applied for my first CCW permit. I've sailed through several BGCs and permit renewals since.
I got denied once. Turned out my drivers license was expired so they didn’t consider it a valid form of identification.
I got denied once. Turned out my drivers license was expired so they didn’t consider it a valid form of identification.
What's even more fun is the illogic in the "current address" rule. License != current address? Cannot use. Cannot use a bill, etc. to show proof. However, you can go over to Sportsmans, Bass Pro, Walmart, etc., merely *tell* them your current address, get an extra rod license, and voila -- state issued (non-picture) ID with current address. But just write current address on form? No, that'll never do.
Little Dutch
05-10-2018, 14:04
I don't know much about the process, so it may be silly to even ask. But, was there a reason given for the denial?
The LGS sometimes has to run me twice. Even with a SSN provided. Due to a computer limitation when I was born, my last name is spelled differently on my Drivers License and Social Security Card. It's a pain in the butt sometimes, and I have to fill out AKA cards for base access and DOD background checks. So, the LGS knows me and often puts my name down with the correct family name, correcting it to the typo version on my DL when the BG check gets kicked back. It's never been an actual problem, I just get submitted twice sometimes.
Did he provide his SSN on the form? I know a guy with a common name that gets denied if they submit the check without including his SSN. He's always passed the second time, when linked with his SSN. Someone with the same name must be prohibited from purchasing a firearm.
I had a similar issue between my DL and SS card and no one ever noticed until after 9/11. Eventually I got tired of worrying about a kick back (even though it never happened) and fixed my driver's license to match my actual name. Wasn't that difficult or time consuming, I'd recommend just fixing the spelling.
I do know people with common name can have delay or accidently get denied as well.
John smith
Joe Wilson
Etc.
One of the buyer had a common name and he told me prior to background that his might run about 45 minutes average due to him name being too common.
He was right.
Thanks for the replies. No idea why he was denied-the ffl said my neighbor will get the details. Hopefully it works out quickly.
I can't believe you didn't place him under citizen's arrest right on the scene.
Like this?
https://www.youtube.com/watch?v=9efgLHgsBmM
He slipped away while I was looking for my bullet in my shirt pocket [LOL]
BPTactical
05-10-2018, 19:53
So did you have to do a 4473/BGC to get your item back?
Technically a FFL must have possession (on their books) of the item that was to be transferred to the purchaser.
That would mandate a 4473/BGC to return the item to you.
My brother got in trouble when he was 15 or 16. He tried to buy a rifle 17 years later and got denied, had to hire a lawyer, cost him like $1800.00 and a couple of months.
68Charger
05-10-2018, 21:05
Many of y'all have denied a purchase before... or least hid one from your significant other.
[Coffee]
Little Dutch
05-10-2018, 22:16
Many of y'all have denied a purchase before... or least hid one from your significant other.
[Coffee]
"What? No it's not new, I just haven't had it out of the safe for a long while..."
BPTactical
05-10-2018, 22:21
Amateurs - "No honey, it's not mine - it's a customers..."
Not that I ever used that line with her[Evil]
packratt75
05-10-2018, 22:24
Have to have Jr. as part of last name instead of as suffix in order to pass.
Back during the Clinton era had a 3 day delay...then expanded to a 7 day delay...then outright denied. Challenged it. Took about a month to get them to clear it up. Never found out why. Still convinced it was based on orders to deny people in an attempt to perminantly ban ownership. Never had a problem since.
So did you have to do a 4473/BGC to get your item back?
Technically a FFL must have possession (on their books) of the item that was to be transferred to the purchaser.
That would mandate a 4473/BGC to return the item to you.
Yes, passed. Good thing too as I have another transfer coming in Saturday [Flower]
Sometimes it's advantageous to have an odd name.....
buffalobo
05-11-2018, 00:02
Sometimes it's advantageous to have an odd name.....
Or an uncommon one.
Circuits
05-20-2018, 12:11
So did you have to do a 4473/BGC to get your item back?
Technically a FFL must have possession (on their books) of the item that was to be transferred to the purchaser.
That would mandate a 4473/BGC to return the item to you.
I was out of town so couldn't come berate you sooner for this post - read ATF Procedure 2017-1, which modifies and supercedes ATF Procedure 2013-1, dealing with facilitating private party sales.
For a private party transfer the FFL does NOT have to take possession of the firearm prior to submitting a background check. All PP 4473s get box 32 checked, and if the BG check comes back denied, the FFL notes on the 4473 that it was denied. The item will not appear in their A&D book at all, provided the transferror was present while the check was being done, and the transferror can walk out with their item and no 4473 back to them.
Well, it would've been nice if the dealer my neighbor used (it's a friend of his) knew about 2017-1, would've saved me a bgc (not a big deal really) but at least I wasn't out any cash.
BPTactical
05-21-2018, 15:24
http://www.sdslaw.us/single-post/2018/05/17/Today-we-received-documents-from-a-FOIA-to-the-FBI-from-April-2016
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