Will I pass Background Check?

[The Count]

I know you guys probably get ALOT of this type of question, and I've searched here and other places and can't seem to find any real info on my particular situation. So here goes....

My CHL status is currently "background check : under review", and this was as of yesterday. I failed a NICS background check for a gun purchase a couple months ago, which is where my question comes in. Will that automatically cause me to be denied for the CHL?
The NICS denial is a matter of identity mix up, NOT me having a criminal record. I have NEVER been arrested, charged with any crime, or anything else other than typical traffic violations. I have no warrants for my arrest ( my FFL recommended I check, so I did) or anything else that would cause me to be denied. There is another person in Texas with the exact same name as me, and the exact same birthday as me, who is a multiple time felon. I found this out from my Sherriff's dept. warrant officer when I went to verify that I had no warrants for me. I know this is terrible luck, but that's what I get for having the most common name in the book

I started the appeal for the NICS denial, and received my first letter from the FBI, explaining to me that it was and identity issue that caused the denial. They requested a set of ink rolled fingerprints, so I got them done by my local PD and sent them in. The automated message on the FBI's NICS line says they are currently dealing with appeals from December 2012 , so that won't be resolved anytime soon.

So what do you guys think? Is our DPS smart and thorough enough to figure out that I'm not the felon John Doe, but instead I'm law abiding John Doe who has never been in any trouble with the law? I mean, they have my fingerprints, photo and everything else they need to positively ID me as being me, how can they mess that up? Or are they going to see "NICS background check : Denial" and automatically deny me the CHL (BTW, I have previously pass quite a few NICS checks, as recently as 4 weeks prior to the denial).

[830mel21]

Pass, might be a lot of red tape involved.

[jmra]

I was in the same boat. The NICS is name and birth date based. If these match to a person who can not legally purchase a gun, an Antigun call handler will deny you even if you include your SS#. This is a violation of protocol as it should be at most referred to an investigator by the call handler but they don't seem to be held accountable.

The background check you are going through now is finger print based. You will not have a problem.

I was denied on a NICS while in back ground check for CHL. My app was mailed with my wife's and my brother's and we all received our CHLs within a day of each other. So there was no delay.

In my case there is a guy up north that has the same first name, middle initial, last name, and birth date. Of course he is a felon.

[RottenApple]

There's no straight answer except to wait & see. They may see the NICS denial and immediately reject your app, or they may look into it further and approve you. Most likely though, they'll place your app on hold and request documentation regarding the resolution of the NICS denial.

[jmra]

There's no straight answer except to wait & see. They may see the NICS denial and immediately reject your app, or they may look into it further and approve you. Most likely though, they'll place your app on hold and request documentation regarding the resolution of the NICS denial.

I disagree. Unless they happen to check within a very short time period they will never see the denial if they can even see it during that period. Not to mention the fact that they know NICS is flawed and will run the finger print background check which is much more reliable.

[The Count]

Thanks for the quick responses. It's especially nice to hear how things worked out for you jmra. I wasn't to concerned as long as the DPS website said it was awaiting my documents, I knew they would get them. But now this part is gonna drive me CRAZY

[The Count]

I just wanted to add a slight update to this issue. Today I received a letter from the FBI regarding my NICS denial... My appeal was approved The letter stated that I AM a person who is qualified to purchase a firearm and that I should give a copy of the paperwork to my FFL to keep with the 4473 that was denied.

This was MUCH quicker than the timeframe the automated message led me to believe. And hopefully, since my CHL status is still in the background check under review stage, this will help prevent any issues receiving my CHL.

I'll keep this thread updated in case anyone else ever searches for advice on a similar situation.

[AEA]

Did you include your SSN on the 4473 you filled out? If you had, NICS could have quickly determined you were NOT the Felon.

You should not have any problem with the Background Check by TXDPS as they should have your SSN with your application.

[The Count]

Yes, I did have my SSN on the 4473. I have always done that because of my super common name, hoping it would help prevent this.

[RX8er]

Did you include your SSN on the 4473 you filled out? If you had, NICS could have quickly determined you were NOT the Felon.

I agree. Although this is how it is supposed to happen, I have been told more than once that the FBI NICS processors are not always running the SSN. If your FFL is using the eNICS, then there are no issues and the name, DOB and SSN are being used to validate. If I am not mistaken, I think that the NICS call center is handled by a private contractor. Don't know this for sure though.

We just signed up for the eNICS submission but haven't done one yet. We will early next week as we have a couple firearms that will be shipped and ready for pickup.

[AEA]

I guess then you got a phone person at NICS that had no desire to do their job. Typical Federal Govt.

You will have no problem with TXDPS.
Oh, and welcome to the forum.
Stick around and participate in discussions. You will learn more here about TXCHL than any other place on the Net.

[jmra]

Yes, I did have my SSN on the 4473. I have always done that because of my super common name, hoping it would help prevent this.

The one time I was denied I included my SS# and it didn't help. Basically some call handlers will look for any excuse to issue a denial. There are anti's in every walk of life.

[gigag04]

You should be fine. NICS is broken.

[The Count]

Yes, I did have my SSN on the 4473. I have always done that because of my super common name, hoping it would help prevent this.

The one time I was denied I included my SS# and it didn't help. Basically some call handlers will look for any excuse to issue a denial. There are anti's in every walk of life.

Since I began looking into this, that is the conclusion I've came to as well. I was sitting there as he read off my SSN to the NICS lady, so I know they could have used it

[jmra]

...NICS is broken.

Several years after being unjustly denied and getting my CHL, I walked into a gun store that had a sign that read:
"$50 non-refundable deposit required prior to NICS call. You know if you are a criminal!"
I told the owner he was an idiot and walked out.