unjust denial of purchase

Discussion in 'Gun Legislation' started by west texas hvac man, Sep 12, 2009.

  1. west texas hvac man

    west texas hvac man New Member

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    Sep 12, 2009
    San Angelo
    heres the story: I walk in to Field and Stream outdoors in San Angelo, Tx 2 weeks ago to purchase a sabre defence ar 15 (my first ar), go through all the paperwork and everything, and get a "delayed status".

    before i go any further, i'll inform you all that i am 23 yrs old with a current/valid DL with current address, have no warrants or any kind of pending case. I do however, have one non-violent misdemeanor on my record from when i was 19 (almost 4 years ago) (that was not punishable by a court to 1 year or more state prison) <or whatever the the question on the paperwork asked about>. since the misidemeanor occurred, i've purchased 4 firearms (2 hunting rifles, a shotgun, and a handgun after i turned 21) without ever even getting a "delay". i've answered all the "criminal background" questions on paperwork the exact same way each time i've purchased a firearm.

    back to the story: so i was obviously very bummed out to hear that i wouldn't be able to take the rifle home with me that day because of the delay, but was completely dumbfounded when they called me 2 days later to inform me that NICS put a denial of purchase on me.

    im going through this ridiculous process of appeals right now, and have yet to hear back from anyone as of yet. i had a copy of my birth certificate, DL, SS, and even went down to the police station here to get some finger prints made to send in with my appeal paperwork.


    has anyone experienced anything like this? any thoughts of what could be done to speed the process? could the fact that it was an AR-15 that i was purchasing have anything to do with it?

    any insight or advice would be much appreciated:texas:
     


  2. MadMo44Mag

    MadMo44Mag TGT Addict

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    Jan 23, 2009
    Ft.Worth
    All I can offer is get your CHL and be done with this kind of stuff.
    Pick, purchase and amble right out the door.
     
  3. Texas1911

    Texas1911 TGT Addict

    May 29, 2017
    Austin, TX
    It's a government process, they are all like that. All you can do is stick with it, or you can cancel the sale. Nothing is there to prohibit you from legally obtaining a used AR15, and the market should be full of them as time ticks by.

    A CHL would be in your best interest.
     
  4. west texas hvac man

    west texas hvac man New Member

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    Sep 12, 2009
    San Angelo
    "I do however, have one non-violent misdemeanor on my record from when i was 19 (almost 4 years ago)"

    - can't obtain a CHL for about another year and a half... no misdemeanor tickets other than traffic violations for at least 5 years prior to applying for a CHL(or at least that was my understanding after briefly glancing at my brothers chl book) >>> correct me if im wrong though, that would be awesome<<<

    i just don't understand how i could of possibly been flagged this time, when i've had no problem what-so-ever purchasing the 4 firearms before this attempt:gotme:
     
  5. Texas1911

    Texas1911 TGT Addict

    May 29, 2017
    Austin, TX
    Different examiner, different results.
     
  6. cuate

    cuate Well-Known

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    Jan 27, 2009
    Comanche Co., Texas
    Like somebody posted, buy a used AR and let 'em stuff that one they refused to sell to you...
     
  7. Texas Solo

    Texas Solo Active Member

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    May 4, 2008
    San Antonio
    I been through this before with customers.
    You'll go through the process, get it straight, and move on.
    In my experience, it's usually something stupid...a clerical error. The dealer may have transposed some digits on your SS#, the NICS examiner heard it wrong, etc etc. I always caution customers to print clearly, so I can read it. NICS will also repeat all the info back to you, so you must be listening to verify that they have it correct. NICS tells me that most delays are caused by someone being a Jr., but that may cause a delay, not a denial. You may also find that you're a victim of idenity theft and have warrants out for you. That actually happenned to one of my customers, which turned out to be a good thing he was denied.
    Once it's straight, NICS will issue a UPI#...unique personal identifer....it will be good for the next transaction only. After that, your situation should be straight.

    On the CHL thing...any Class A or B misdomeanor will disqualify you for 5 years. Or...any (class A,B,or C) offense under Penal Code 42.01 (disorderly conduct)
    DPS just released the new up-to-date CHL handbook as of 9/01/09 online. I can e-mail it you if you like, or you can find it online.
     
  8. Texas Solo

    Texas Solo Active Member

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    May 4, 2008
    San Antonio
    Who is "them"?
    The dealer did not refuse to sell it to him, NICS refused the sale.
    Dealers are bound by law, and your comment is way out of line.
    Besides all that, isn't it better that the OP finds out what's going on?
     
  9. SIG_Fiend

    SIG_Fiend Administrator TGT Supporter Admin

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    Feb 21, 2008
    Austin, TX
    That's an aspect that escapes a lot of people. Dealer's hands are tied when it comes to a lot of things. May not seem like a big deal to a lot of people, but unfortunately that is the federal law. There are a great deal of things that may not seem like a big deal to people (out of date address on DL), but if a dealer knowingly allows false data on to the form, the dealer can be charged with a federal felony, if convicted could serve a jail sentence and pay fines, and lose their rights to own firearms. Not very fun, but that's the law as it is now.

    Excellent advice from Texas Solo.
     
  10. robocop10mm

    robocop10mm Active Member

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    Jan 9, 2009
    Round Rock
    Don't get caught up with the assumption an AR-15 had anything to do with the hang up. IIRC the dealer informs the NICS person that the firearm to be purchased is either a handgun or long gun, period. No make, model and serial number. Likely a clerical error if you have not had any problems before. Go through the process to find out the cause so it can be corrected.
     

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