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  #1  
Old 07-31-2017, 11:45 AM
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ugimports ugimports is offline
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Default Visa Holder Denials

Anyone have any Visa holders on deny right now that are currently appealing? I have 3 customers, all that have proper docs and purchased previously. Their most recent DROS have been denied with CA DOJ telling them the reason was they are Illegal Aliens.

None of them have been deported and all their docs are lined up.
E.g., current I-94, current Visa, hunting license, etc..

Anyone else starting to see this?

If it matters all 3 of my customers in this case are from China.

I am still processing several other Chinese Visa holders with no issues and have had no issues (yet) with Canada or Mexico visa holders.

The dates span:
December 2016 (sucks for him had to go featureless)
February 2017
July 2017

Just taking a survey at this point. I would have thought if indeed they were flagged as Illegal Aliens (and it were true) they would have been deported.
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  #2  
Old 07-31-2017, 11:50 AM
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I do these rarely so I don't have any on hold. I think my last was over 2 month ago.
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  #3  
Old 07-31-2017, 11:51 AM
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We get quite a few Chinese citizens buying firearms here since we are close to hacienda height and walnut. Big Chinese population. I have yet to have a denial based on immigration status with anybody. We get quite a few green card holders also and no issue with them either. Sounds strange UG curious what others are expierencing on this topic.
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Old 07-31-2017, 11:51 AM
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We do not do a lot but have not had any denied. Most of ours are from China
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  #5  
Old 07-31-2017, 12:05 PM
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What's really annoying is that one of my customers got a hold of someone at FBI NICS regarding his issue and they told him they spoke to us on the phone about his denial. WTF. Now they are just blowing smoke up his butt. Anyone EVER get a call from NICS regarding ANY denial? I never have. I've only ever received a call from DOJ for things such as verifying Hunting License, or asking about 1-30 exemptions, etc...
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  #6  
Old 07-31-2017, 1:20 PM
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AFAIK the FBI doesn't mess around with CA issues. The NICS is only one of the many background systems used by the DOJ. I doubt the customer got the right info.
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  #7  
Old 07-31-2017, 1:24 PM
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Quote:
Originally Posted by acespawnshop View Post
AFAIK the FBI doesn't mess around with CA issues. The NICS is only one of the many background systems used by the DOJ. I doubt the customer got the right info.
When doing appeal I guess you have to do it through FBI NICS system - or at least that's what the CA DOJ has been telling people to do.
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  #8  
Old 07-31-2017, 9:07 PM
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I have a green card denial, last week. He is filing an 8016RR.

No arrests, ever, green card is valid. Spoke with DOJ and they "checked" and found it to be a correct denial, but of course would not tell me why. Thought it was odd that they could/would check the validity of the denial reason, but I posed the question as "what did I do wrong in DES? This guy's never been arrested before."
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  #9  
Old 07-31-2017, 9:26 PM
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May be tied to recent AZ case?
http://www.azcentral.com/story/news/...ona/334920001/
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  #10  
Old 07-31-2017, 9:52 PM
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Greencard holder doesn't need hunting license.

If it was same reason as Arizona it wouldn't be their immigration status that caused them to fail (since that's what all 3 were told)
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  #11  
Old 08-03-2017, 4:06 PM
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DOJ is useless...
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  #12  
Old 08-03-2017, 5:41 PM
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Useless would be a positive thing, they are much worse than that.
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  #13  
Old 08-07-2017, 12:48 AM
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Quote:
Originally Posted by kemasa View Post
Useless would be a positive thing, they are much worse than that.
Sounds more like "obstructionist" would be a more appropriate monaker.
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  #14  
Old 08-07-2017, 8:15 AM
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LOL and they deleted my issue. They didn't even respond after my last comment.
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  #15  
Old 08-21-2017, 8:29 AM
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I am not an FFL, but it seems to me this is a CA state level denial, not a federal level. FBI background check is just a background check to see if you are clear, but CA DOJ can deny the paperwork. Its pointless to contact FBI background check agents because they have nothing to do with CA DOJ. From the pic you post, the 916-227-7527 is CA DOJ contact number, so the customer shall contact CA DOJ not FBI. ( CA DOJ won't share info with federal agent in general).

" CA gov is finding all possible ways to stop firearm sales.. "

Last edited by dummykid; 08-21-2017 at 8:31 AM..
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  #16  
Old 08-21-2017, 8:46 AM
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Quote:
Originally Posted by dummykid View Post
I am not an FFL, but it seems to me this is a CA state level denial, not a federal level. FBI background check is just a background check to see if you are clear, but CA DOJ can deny the paperwork. Its pointless to contact FBI background check agents because they have nothing to do with CA DOJ. From the pic you post, the 916-227-7527 is CA DOJ contact number, so the customer shall contact CA DOJ not FBI. ( CA DOJ won't share info with federal agent in general).

" CA gov is finding all possible ways to stop firearm sales.. "
See: https://oag.ca.gov/firearms

Click Denied on the bottom left and look at the instructions the CA DOJ gives people.

Quote:
If your DROS application is denied, you will receive a letter from the DOJ Bureau of Firearms within two weeks. The letter will explain the reason and instructions on how to get a copy of the record that resulted in the denial of your application. There will also be instructions on how to dispute and correct information in your record you believe is wrong. DOJ staff cannot discuss your record over the telephone. Therefore, it is recommended that you get a copy of your record and follow the instructions for disputing inaccuracies. You may also wish to retain an attorney for legal advice and who can best represent your interests on how to restore your rights to buy firearms.

If your DROS application was denied based on a Federal Brady prohibition (e.g., out-of-state conviction, illegal/unlawful alien, military dishonorable discharge, out-of-state mental health record, etc.), you can appeal the denial of your application directly to the Federal Bureau of Investigation National Instant Criminal History Background Check System (NICS). When discussing your situation with NICS, you must include the NICS Transaction Number (NTN) associated with your firearm purchase as referenced in the denial letter sent to you by the DOJ Bureau of Firearms. You can appeal directly to NICS by downloading the NICS appeal brochure and following the instructions found at NICS Appeals page.
Bold added by me.
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  #17  
Old 09-04-2017, 10:12 AM
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Some info I learned recently -- it appears that CA DOJ does not always adequately check the status of Visa holders. They sometimes will not follow-up on hunting license info and then mark the person as in the country illegally. I've had this now occur with 2 separate customers where they were told by DOJ the reason for denial was that they were in the country illegally. Both started appeals process with feds (still ongoing). One of them forgot about that status (year ago) and DROSd a firearm at another FFL and was cleared. He is now going to re-DROS his item with us. Another customer was denied with us for the above reason. He thought it was because he was near expiring of his visa as he's about to get his greencard in 90 days. So he decided just to try one more time and if it didn't go through he'd just wait for his greencard.. well it went through..

So, the moral of my story is -- if you have Visa holders that initially get denied due to DOJ saying they are in the country illegally, try again. Could be that particular agent reviewing didn't bother to check what they needed to and the next agent will.

Sometimes the agents will try calling you once, not leave a message, and then tell the customer you were not available to validate hunting license so they assumed it was not legit.

And as I mentioned before the DOJ agents/DES reviewers have told me they cannot see the comments you type in online. However, I think they have told someone else that they could see it. I would assume they cannot.
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