NICS Denial Questions

[bobkiksass]

Hi,

I applied to purchase an M1 rifle through the Civilian Marksmanship Program and was denied through the NICS background search.

I have a few questions. I purchased a Ruger 22 here in California 2 months prior to sending the paperwork for the M1. My understanding is that the local gun dealer sent my paperwork for the Ruger 22 to the Department of Justice. I recieved the Ruger 22 after my 10 days waiting, no problems or denial due to background search. I have a clean background.

So if CA DOJ was fine through their background search 2months ago, can I assume that this is some mis-identification for being denied through the FBI NICS ? I didnt provide my social security number, and have read that it can often help to clear up problems. I am going to go through the appeal process, and was going to send a copy of the DROS for my Ruger 22 to show that I have been approved here in California recently with no issues. I just hope it doesn't take a long time to do.

Can any ffl tell me if the CA DOJ checks with the NICS when doing their background check?

[jtmkinsd]

Hi,

I applied to purchase an M1 rifle through the Civilian Marksmanship Program and was denied through the NICS background search.

I have a few questions. I purchased a Ruger 22 here in California 2 months prior to sending the paperwork for the M1. My understanding is that the local gun dealer sent my paperwork for the Ruger 22 to the Department of Justice. I recieved the Ruger 22 after my 10 days waiting, no problems or denial due to background search. I have a clean background.

So if CA DOJ was fine through their background search 2months ago, can I assume that this is some mis-identification for being denied through the FBI NICS ? I didnt provide my social security number, and have read that it can often help to clear up problems. I am going to go through the appeal process, and was going to send a copy of the DROS for my Ruger 22 to show that I have been approved here in California recently with no issues. I just hope it doesn't take a long time to do.

Can any ffl tell me if the CA DOJ checks with the NICS when doing their background check?

Misidentification does happen from time to time. I would call DOJ with your DROS number (the one you were denied for) and ask them what happened. It may be as simple as you have a similar or identical name as a prohibited person, or some information was entered erroneously by the transferring FFL (assuming your ID didn't "swipe" and had to be entered manually). The NICS check is one of the things DOJ does as part of the DROS process.

[kemasa]

The CMP does not use a DROS, which is what the question is about.

I believe the DROS process does use the same information as the NICS, as was stated.

You might want to get a personal COE to show that you are not prohibited, which should help with the appeal. I assume that there is nothing in your past which would cause you to be denied.

[bobkiksass]

Thanks jtmkinsd . I didn't get denied by the DOJ for the M1, I got an email from the CMP saying that the NICS background check was denied. I dont know if the CMP contacts CA DOJ, I think they do a search directly with NICS. So my only option is to appeal directly with the FBI NICS is what I was told when I called the NICS help line.

I am hoping that the CMP will attempt, given my request, to run the check again using my SSN to verify my clean records

[bobkiksass]

Kemasa, What is a personal COE ?

[kemasa]

The official name is:

Personal Firearms Eligibility Check Application (PFEC)

http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

[jtmkinsd]

The CMP does not use a DROS, which is what the question is about.

I believe the DROS process does use the same information as the NICS, as was stated.

You might want to get a personal COE to show that you are not prohibited, which should help with the appeal. I assume that there is nothing in your past which would cause you to be denied.

Thanks jtmkinsd . I didn't get denied by the DOJ for the M1, I got an email from the CMP saying that the NICS background check was denied. I dont know if the CMP contacts CA DOJ, I think they do a search directly with NICS. So my only option is to appeal directly with the FBI NICS is what I was told when I called the NICS help line.

I am hoping that the CMP will attempt, given my request, to run the check again using my SSN to verify my clean records

My mistake...I misunderstood you went through CMP. Your plan of action is right on then.

[taloft]

Thanks jtmkinsd . I didn't get denied by the DOJ for the M1, I got an email from the CMP saying that the NICS background check was denied. I dont know if the CMP contacts CA DOJ, I think they do a search directly with NICS. So my only option is to appeal directly with the FBI NICS is what I was told when I called the NICS help line.

I am hoping that the CMP will attempt, given my request, to run the check again using my SSN to verify my clean records

I had a similar issue in 2008. The final disposition of my DUI from 2005 was never sent to the State Repository. Since the FBI couldn't tell if the DUI was for alcohol or drugs, they put a delay on the background check. According to the CMP, unlike a regular FFL01, any NICS delay longer than three days kills the deal. Something to do with the way they are set up with the Government. Normally, if you buy a firearm and the 10 days lapse without an outright denial you get the gun.

I was purchasing firearms here with no problem but, the CMP kicked it back. I had to go to the County Courthouse and obtain a certified copy of my final disposition showing that it was alcohol. Then I requested a copy of my Record from the State DOJ, which required a live scan and a notary. I sent the whole pile to the FBI along with a 10 print card and a check for $18.00. They, in turn, sent it all back to the State Repository where my file was updated. Basically, you do all the leg work for the government and get to pay for the privilege of doing so. You don't want to know how long this all took. Your other option is to wait until they finish looking into it.

Did I mention that I've had an FFL03 since 2007? I actually got a COE just to make sure they fixed the problem.

[bobkiksass]

I called the CMP and they tried running it again with my social security, Called me back about 10 minutes later to say, No Luck. Still Denied.

THis makes no sense, Ive never been arrested. I have had two traffic tickets and this is it (paid for) . I dont know how they could be so confused. Specially since two months ago I passed CA DOJ, which cross references the NICS, and had no holdups. THis is too frustrating.

[tenpercentfirearms]

I called the CMP and they tried running it again with my social security, Called me back about 10 minutes later to say, No Luck. Still Denied.

THis makes no sense, Ive never been arrested. I have had two traffic tickets and this is it (paid for) . I dont know how they could be so confused. Specially since two months ago I passed CA DOJ, which cross references the NICS, and had no holdups. THis is too frustrating.

What did CMP say were your options after fail? You need to find those out and go from there.

I found this for you.

http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng

[bobkiksass]

I have to fill out an appeal form and send it to the NICS, which I plan to do to clarify whatever the problem is.

I am third generation, and when the CMP lady initially called in my name she neglected to put on the III. I asked her to do that, along with give my ssn but still denied. I am not sure if they are just auto denying because of that initial discrepancy or what. I did look on publicdata.com and found someone with my exact name less the III, and hometown with a criminal record, so maybe its a mis-identification. I was concerned with possible identity theft, so I ran all my crredit checks to be sure, no problems.

After more research, it seems that orders with the CMP frequently have problems such as this, people being delayed or denied by NICS. Hopefully there is not much hassle to fix the problem.