Help, NICS Denied

[HotLeadSolutions]

Is it legal to just resubmit the Form 4473, this time including the person's SSN?

Separately, here's an FAQ from the FBI re appealing: http://www.fbi.gov/about-us/cjis/nics/a ... al-faq.pdf" onclick="window.open(this.href);return false;

The average appeal processing time is between 115-125 days.

I would REALLY like to believe that, however...my Dad just cleared up a denial from 1999!
Good luck, and keep us updated....

[jmra]

...not on a new form...can't re-submit the one that they denied, and must keep it in file...I'd try a new one with SSN before I went the appeal process...they prolly have too many Herkimer Schlossbergs and the SSN may clear it all up...the form says it's helpful...

I spent many hours dealing with this issue several years ago after being denied due to same name (first, last, and middle initial) and birth date as a felon.

When speaking to the agency I stated that my SSN was listed on the form and this should have differentiated myself from the felon. I was told by several different agents that NICS "at this time" is name based only and that a SSN is not currently used in the process.

In my case the thing that has seemed to make the most difference is now all of my official IDs have my full middle name instead of just my middle initial. And of course the CHL helps.

BTW, the agent I spoke to immediately after the denial stated that it was obvious to him by my description that I was not the same person as the felon. He spoke to his supervisor to see if he could do anything about the denial but was told that it was within the discretion of the original agent to issue the denial. He did state that during future checks an agent could not see that I had been denied and that I could simply walk to the next table (I was at a gun show) and get a green light.

Basically I had the misfortune through the luck of the draw of an agent who got off on issuing denials. Through my research I did discover that the agent who issued the denial violated the departments written policy. With the information she had at most she should have put me on delay and forwarded it to an investigator.

[speedsix]

...once he has submitted a form...the dates and signatures pertain to only that form...and the response must be noted...nothing can be changed after submission..it must be completed and filed in the records of the FFL...

...he can submit another form...including his SSAN, or his full middle name, or a Jr. or other item previously omitted in error...and it will be processed and either approved or denied...it matters not that it is the same FFL and same gun...you just can't change the first form in any way once it has been submitted...

..the 4473 as revised in Aug 2008 says under item 8. "Social Security Number (Optional, but will help prevent misidentification)" ....and we all know our gooberment wouldn't mislead us...so I'd include it...and do, everytime I fill one out...

[The Annoyed Man]

so I'd include it...and do, everytime I fill one out...

I always include my SSN because I have a very common last name. OTH, I also include my middle name, which is "Jacques." Never had any troubles.

As long as there are no Cajuns in Texas with police records, I probably never will....and what are the odds of that?

[speedsix]

...now I ain't gonna tell no Cajun jokes...not nary a one...I had no idea....

[XnTx]

Update on my NICS denial. I finally received my letter stating the reason for the denial. It seems I am a fugitive. I am anxiously awaiting the knock on the door. I did a DPS criminal search and found three with my same first and last name and one that is within a year of my dob and roughly fits my description. Now, based on this forums comments and my NICS letter I totally believe NICS is a name and description based system. Middle names and SSNs do not appear to influence them at all. I gave my SSN and my middle name is different. I guess this is good news since it should be a relatively simple process of proving I am not a fugitive.

Now, regarding my permanent protective orders in my 10 year old divorce decree. Mr. Cotton has been encouraging with this. The language is only a separation order, nothing about violence, harrassment, threats, thou shalt nots, etc. just stay away from each other. There was no threat or mention of violence. I've read two diffenent sources stating that these permanent orders expire after 2 years. So...they are expired and should not impact obtaining my CHL. If for some reason this is an issue I should be able to have the ex sign a letter requesting the ppo be set aside since she's been in violation for 8 years by working in the same building 200 feet away from me. I was here first so she is in contempt of court and could be arrested.

Where i stand today. I've applied for my CHL online and had my L-1 prints submitted. I'm going to stop there until I am cleared by NICS. I'm completing the NICS appeal tonight and will contact the local PD to be fingerprinted. NICS says they don't take electronic fingerprint submissions and L-1 says they don't print them. L-1 was not even familiar with NICS. Once NICS is happy, I'll go purchase my M&P 9, sign up for CHL class, and complete the process.
Sounds simple!

Oh yeah, probably go the UPIN route too so this does not happen again. Thanks for all the responses and Charles, you may be hearing from me again if this doesn't go as I hope.

[sjfcontrol]

Once you get your CHL, NICS is no longer an issue, since the seller no longer needs to call it in. You fill out the form and the seller just files it away.

[SWAMPRNR]

I got denied in Feb. After submitting prints it took less than 30 days to get it cleaned up so hang it there. I did request a personal pin number to keep it from happening again. This was my second denial in 10 yrs.

[XnTx]

I got denied in Feb. After submitting prints it took less than 30 days to get it cleaned up so hang it there. I did request a personal pin number to keep it from happening again. This was my second denial in 10 yrs.

Did you get your prints done at the local PD? Did they supply the fingerprint card or did you print one off NICS website? Thanks for the encouraging post.

[G.A. Heath]

A Friend of mine went through this before he got his CHL. He contacted the FBI, got a packet from them that included a fingerprint card and then got his prints done at the local law enforcement center (Jail/SO/PD complex). It took about 30 days for his UPIN to come in. Before that he constantly got delays every time he purchased a firearm.

[SWAMPRNR]

Nics mailed me the finger print cards. The local pd did the prints and I mailed it back along with the request for a pin number. The form for the pin number I printed from the Nics website.So looking at all the time it spent in transit 30 days was pretty good time.

[XnTx]

I haven't had the same luck with NICS phone calls others are having. When I called regarding my fugitive status this morning, the best I got was "have you ever had a traffic citation"? Well, yeah, that really narrows it down I sent in two sets of rolled prints this morning so I'll wait a week and make another call if I haven't received anything. Hurry up and wait.

[michael e]

Got denied a couple years ago. Took 27 days to clear up. I just spent 25 days with DPS over my DL. I was wanted out of state in 2 states I have never been to. DPS told me my CHL was fine but I couldnt renew my DL, didnt make any sence to me. I now have at least 3 people I know about with my name and DOB that are not upstanding people, if I ever have kids they are getting the most messed up name ever to avoid this.