Background denial

[ChunkyMonkey]

I got denied because I put Fraud Alert on my ss. Don't ask me how it is connected. I had to wait for 2 months for the fraud alert to be completely gone.

[Hannu]

Perhaps not the same circumstances, but I got background denial a couple of days ago. I am legally in country with non-immigrant visa. We agreed with FFL that I had then resided 91 days in CO and my CO hunting license is valid.
I have not even got parking ticket in US. I checked my record with CBI website tool, there is no arrest record so denial can not be because some other person would have my name and criminal record.
My wife has exactly the same circumstances, with hunting license etc. and she got denial, too.
As far as I know, when we have no criminal record, have resided CO at least 90 consecutive days + have hunting licenses, we should be good to go. Well, it seems there is something ATF website is not telling me

Any help would be very appreciated.

Yes, I already heard it and I know, I can always buy a flight ticket to more gun friendly place and it is my second option. But would not like to, if got that denial just because of some simple things I do not know.

[Blubyue]

If you are positive there is nothing that can deny you, have them re-run your app. I was denied for my first gun purchase and had them re-run my background and it was approved.

During busy gun purchasing seasons the feds automatically deny after a positive review so that it will be double checked for errors.

This is not factual, only what the salesman submitting my app told me.

Im sure someone can chime in on the factual basis on this event.

[BadShot]

Call CBI and have them explain why to you. There is an appeals process you can follow and I've found (helping others out) that CBI is very helpful and responsive. Be polite and respectful ..

I've seen folks get irrate and stupidly mouth off them the agent on the other end, oddly that didn't help

[clublights]

one thing to remember is that CBI denys on ARREST records... Not CONVICTION records. if you have ever been arrested for a crime punishable by over 1 year .. so on and so on .. they will deny .. then you have to go " get it fixed" by calling them . you can get arrested for a felony and not be convicted of one but CBI WILL deny . I had an overzealous officer arrest me for a serious charge but as soon as the DA got ahold of the paperwork he said you cant charge him with THAT, and dropped the case right then and there.

[Hannu]

Thank you all, you have been very helpful.
I do not have any arrest or criminal record, so that is not the case. Having been in country for little more than 3 months, have not even got parking ticket (yet...)

Only thing I can think of, might be related to my non-immigrant status. If Colorado has state laws or some other regulations why they deny my BG check ? I have not been able to find any info that Colorado would have tighter than federal law, but if somebody knows better than I do it would be very nice to know...

I spoke with ATF and according to them we are good to go. I am gonna visit my FFL on monday and if it does not help will call CBI on monday.

[MrPrena]

Perhaps not the same circumstances, but I got background denial a couple of days ago. I am legally in country with non-immigrant visa. We agreed with FFL that I had then resided 91 days in CO and my CO hunting license is valid.
I have not even got parking ticket in US. I checked my record with CBI website tool, there is no arrest record so denial can not be because some other person would have my name and criminal record.
My wife has exactly the same circumstances, with hunting license etc. and she got denial, too.
As far as I know, when we have no criminal record, have resided CO at least 90 consecutive days + have hunting licenses, we should be good to go. Well, it seems there is something ATF website is not telling me

Any help would be very appreciated.

Yes, I already heard it and I know, I can always buy a flight ticket to more gun friendly place and it is my second option. But would not like to, if got that denial just because of some simple things I do not know.

Although you are on a non-immiration visa (i551 OR a greencard), I believe you are on an exclusion of ones who can obtain firearm from the website below
http://www.atf.gov/press/releases/20...nt-aliens.html


Maybe if you print that out and hand it to the FFL, it might help.

I think ATF allowed non-immigrants purchase firearms duing mid 90s. I've seen tons of my international friends at DU and CU who legally purchased firearm from an FFLs. However, law changed, and they had to give up that rights.
Sucks to give up that rights, but they are not a US resident nor citizen of US.

[Eow]

one thing to remember is that CBI denys on ARREST records... Not CONVICTION records. if you have ever been arrested for a crime punishable by over 1 year .. so on and so on .. they will deny .. then you have to go " get it fixed" by calling them . you can get arrested for a felony and not be convicted of one but CBI WILL deny . I had an overzealous officer arrest me for a serious charge but as soon as the DA got ahold of the paperwork he said you cant charge him with THAT, and dropped the case right then and there.

That is totally outrageous. I guess the concept of innocent until proven guilty is not something law enforcement believes in any more.

[theGinsue]

I believe that the concept of "innocent until PROVEN guilty" disappeared a long time ago. More and more it seems like the burden of proof falls on the suspect unless you're suspected of a truly heinous crime or have an existing rap sheet showing a history of criminal activity with a string of victims, then you're a victim of "the system" and must have the protections of the law. I can't blame LE for this so much as I blame the meddling bureaucrats.

In regards to denials on BG checks, I was once denied while living in IL. They didn't provide any reason for the denial. I had to work to get in touch with the IL office that handled the FOID checks to get an answer. It turns out that my actual address didn't match the address on my FOID (Firearms Owners IDentification card) card.... I had moved about 2 blocks away, on the same street in military housing. After waiting another 10 days for an "emergency re-issue" of my FOID card, with the correct address on it, I was approved. The woman who told me I was denied said that it was lucky that they didn't tell her to have me wait as this meant that LE was on their way to pick me up.

Hannu, I hope that this can be resolved and that you are able to get approved.

[Hannu]

I believe that the concept of "innocent until PROVEN guilty" disappeared a long time ago.

Sad to hear that I thought earlier that would be the case only in european soviet union called EU
I have not arrest record, have not got arrested or had no any other problems with law. My only contact with local LE so far: I was once pulled over by an officer. It was when my car was brand new, he had not noticed temporary paper license inside back window (covered effectively by large rear spoiler) and wanted to make sure that my car had it.

I have Colorado hunting license + 90 days of residency and no criminal record in any country, so ATF says I am good to go then. FFL agreed with me and my documents I gave him. He was also quite surprised about denial. I have already paid firearms intended to buy, so FFL does not need to suffer

Only thing is, if Colorado has some special restrictions that are different from federal law. That one I do not know and have not found any info about tighter than federal law restrictions.

I hope it can be solved next week. It would make me sad to leave otherwise so nice area, with mountain view from my home etc.