New to Texas, please help answer firearms denial !

[ttvc13]

Howdy everyone !
I moved to Texas about a year ago from IL via MA. Two of the toughest places to excercise my 2nd amendment rights. I said when I move to Texas, I'm going to take up shooting and get a handgun and a rifle. Long story short, it has been a nightmare for me. I've been denied on my background check a 2nd time in 5 months. The first appeal was overturned after 4 months and I have my handgun (mistaken identity) which I found out through family in law enforcement. I have no criminal record and I'm sure the 2nd denial is the same thing and will be overturned. The FBI never gave me any info about a pin number in case this happened again, which I was led to believe. I thought the FBI had it straightened out. The 2nd gun which I was denied on is a long gun I purchased online and had shipped to an FFL in Georgetown, I couldn't find the gun anywhere else. The ffl who was doing the transfer has no money invested in the gun. He gave me wrong ntn # to start and then when I went to his shop to get correct ntn # a week later , he had my gun on his showroom floor for sale telling me it was his gun now ! After my 1st denial, the ffl was kind enough to keep gun in his safe until my appeal was overturned. Is it legal for this ffl who was only doing transfer, has no money in this gun, sell the gun that I paid over 1000.00 for before my appeal verdict is even reached ? He charged me transfer fee and also the IRS fee on the gun for the New Year. The FBI has been no help and told me to contact ATF which has not responded to email or phone calls. Any help would be greatly appreciated.

 

[Southpaw]

Welcome aboard.

How long had the FFL been holding your firearm since the 2nd denial?

 

[Sapper740]

That's a tough tale you tell. I'm not fully conversant in Firearms law but I know how to put pressure on people to do the right thing. If you paid with a credit card you need to immediately file a dispute with them. Credit card issuers take a dim view of fraud and can and will threaten to remove the business's ability to accept their cards. Next, I'd picket their business and record your actions. Walk or place a placard on your vehcle with the message. "Ask me why I will never deal wth __________ again!" If they threaten you with a Libel or Slander lawsuit, which they will, laugh at them. The defense to any such action is the truth and further, they have to prove a loss to recover anything from you. Lastly, in Texas it's "Loser pays" in Civil suits. They will have to pay the expenses you incurred. Next, hit every online social forum relating to firearms in Texas with your story. You may not be able to make them do the right thing, but you can make them wish they had!

 

[txinvestigator]

What is an "IRS Fee"?

The FBI will not just give you a PIN. Unless you apply for you you will likely be denied every time you try to buy.

If what you say about the FFL trying to sell the gun is try, he is stealing it.

I agree to dispute the cost of the gun with your Credit Card company. However, if reimbursed you lose the gun. If it were me, I would apply for the PIN anyway and not buy again until you have that number.

I would also get a Texas CHL and never have to worry about that NICS issue again.

 

[Dawico]

Welcome to TGT and good luck with all that.

 

[ttvc13]

The 2nd ffl has had my rifle for exactly 12 days. He told me he would hold it until my appeal was over with, a week later it was on his sales floor with a price tag.

 

[ttvc13]

12 days since my denial, he told me he would hold it and a week later it was on his sales floor with a price tag.

 

[hellishhorses]

Go get your CHL. One-time, extensive background check and then no more NICS.

 

[ttvc13]

I was told that he had to pay a year end tax on all guns in his shop, he was going to sell my gun because of a 27.50 tax on my gun that I told him I'd pay.

 

[RetArmySgt]

Tell him you are going to report him to the ATF if he doesnt take your firearm off of the rack. And I would report him anyway.

 

[txinvestigator]

I was told that he had to pay a year end tax on all guns in his shop, he was going to sell my gun because of a 27.50 tax on my gun that I told him I'd pay.

You are being yanked. Did you read the comments about disputing the transaction with your Credit Card company?

 

[txinvestigator]

Tell him you are going to report him to the ATF if he doesnt take your firearm off of the rack. And I would report him anyway.

It is not "his" firearm.

 

[Glockster69]

TXI is correct, if he's trying to sell it, he's a thief. If it's the same SN as you purchased online and up for sale, take a picture including the sales tag and hopefully something in the background showing the stores name. Hell, if you've got all your paperwork and the SN matches, call the cops. No reason to let him get away with it.

 

[Glockster69]

It is not "his" firearm.

He bought it, it's his. Seller would not have shipped if it wasn't sold. Just needs to go through appropriate transfer process.

 

[jrbfishn]

If denial is approved on appeal, ask for a unique personal idetification number from nics. Will eliminate the probem. CHL will too.they should give it to you anyway



Sent from my iPhone by a coffeeholic

 

[ttvc13]

The owner of RRC firearms where I purchased gun sent me all paperwork with s/n, my name as customer and billing address, and the ffl as shipping address, he also told me if ffl sells the gun, he will file with ATF that the gun was stolen. I haven't told the ffl that yet. I also have bill of sale from the online purchase. The gun was off the sales floor when I went back. What do I tell credit card company ? I also know that getting chl will end all this, but was led to believe that the FBI CJIS had it all squared away. Thank you to everyone for trying to help me, I didn't think it was right and it's been driving me crazy, I had felt like I had just burned 1000.00 in the fireplace, now I know I have options. Merry Christmas Everybody !

 

[Anger]

After you sort this mess out, GET your CHL, find a new FFL. Merry Christmas.

 

[txinvestigator]

TXI is correct, if he's trying to sell it, he's a thief. If it's the same SN as you purchased online and up for sale, take a picture including the sales tag and hopefully something in the background showing the stores name. Hell, if you've got all your paperwork and the SN matches, call the cops. No reason to let him get away with it.

The "cops" cannot do anything. At this point it is a civil matter. The gun cannot be given to the OP. The OP may have paid for it, but it has not been transferred to him.

 

[IXLR8]

Did the receiving FFL have any policy posted that would allow his actions? It is theft, but sometimes small print plays hell on the law.

 

[TXARGUY]

i would also get a texas chl and never have to worry about that nics issue again.

/thread