TexasCHLforum.com

My wife and I are current Texas CHL holders, and she recently tried to buy me a pistol for my birthday. The moron at Cabelas sent the application to the Feds by mistake, and they declined the purchase due to some 20 year old issue of hers that was allready looked at and cleared through the CHL issuing process. She sent the exact same legal documents to the FBI that she submitted to get the CHL, and 4 months later the FBI is now asking for more info, fingerprints, etc. Here is my question, should we just forget this gun and move on, since with a CHL there should not be any additional federal checks if the gun store handles it correctly? Is there any continuing legal issue for her based on having a purchase declined, as far as continued gun ownership and future gun purchases? I would rather not have to hire an attorney if anyone here can give some assurance that there are no future problems in store for us. Thanks.

you should clear it up with the FBI. It may effect your wifey when she renews...

She should get a Voluntary Appeal File (VAF) with UPIN from the FBI. http://www.fbi.gov/about-us/cjis/nics/a ... peals-home" onclick="window.open(this.href);return false;

Jumping Frog wrote:She should get a Voluntary Appeal File (VAF) with UPIN from the FBI. http://www.fbi.gov/about-us/cjis/nics/a ... peals-home" onclick="window.open(this.href);return false;

This is correct. Even tho she was cleared the FBI file was never updated. I had to go thru the same process first part of this year. Only took a few weeks after I sent my prints and paperwork in. If you don't get a pin number they may denie her every time they run her name. The pin number is used to reference a file on her.
Some stores call in even if you have your permit.

PBratton wrote:you should clear it up with the FBI. It may effect your wifey when she renews...

Correct. The NICS check is part of the CHL background check.

Chas.

FWIW, I failed a NICS check about 3 weeks before I applied for my CHL and had no issues or delays with the process. In fact, I got my plastic in 15 days. i'd also think that the state would keep the records you send them on file, a log of the previous application the first time it came upon this issue, and they definitely keep the prints on file, so shouldn't an already cleared up issue not be a problem with renewal?

My understanding is that a VAF is necessary because the FEDs do not hold on file background checks after they are declined or granted ...... hence the VAF is needed to make sure that qualifying info is kept on record

If you're not passing a NICS when you know you should, you should make every effort to have the matter cleared (see the VAF statement earlier). Failing to do this COULD result in your CHL being revoked, and would certainly cause you problems should you ever be in a legal situation that involved firearms.

The matter of the ability to purchase a weapon using just your CHL - yes, you can absolutely do this, PROVIDED you had not done something that would disqualify you (i.e., answering "Yes" to questions 11b-k in the 4473 form you had to fill out). The guidance is clear on this: A current, valid TX CHL stands in place of a NICS background check.

I'm w/ OldCannon...Why the heck did the seller even DO a NICS check in the first place? Waste of time when it's not required.

mlawler wrote:I'm w/ OldCannon...Why the heck did the seller even DO a NICS check in the first place? Waste of time when it's not required.

Sure, in Texas it is not required to run a NICS check on a CHL holder, but it is not out of the question for any dealer to run a NICS check on every buyer.

It's up to the dealer to decide when to sell and when to not sell.

If your dealer is running a NICS on you and, as a CHL holder you do not appreciate it, find another dealer.

The end result of any transfer is that the dealer is ultimately responsible...

mlawler wrote:I'm w/ OldCannon...Why the heck did the seller even DO a NICS check in the first place? Waste of time when it's not required.

In big stores like Cabela's, not every person is well-trained in anything but the basic process -- 4473, verify the right "Yes" and "No" blocks are checked, run a background check, wait for reply, sell gun, escort customer out the door, do you want fries with that?

Note: A NICS check is not _required_ if you have a TX CHL, but I don't think there's a rule saying it's not _allowed_ if you have a TX CHL. It might be Cabela's policy to run a NICS on every customer, I don't know.

PBratton wrote: If your dealer is running a NICS on you and, as a CHL holder you do not appreciate it, find another dealer.

The end result of any transfer is that the dealer is ultimately responsible...

That sums it up perfectly.

OldCannon wrote:

PBratton wrote: If your dealer is running a NICS on you and, as a CHL holder you do not appreciate it, find another dealer.

The end result of any transfer is that the dealer is ultimately responsible...

That sums it up perfectly.

Yeah. Personally, if I was saving money on the deal versus buying somewhere else, I'd tolerate him calling it it. I've had a lot of 4473's called in when I lived in other states so it doesn't worry me now.

I am quite sure I am already on whatever lists our federal overlords are keeping on conservative, bible-toting gun owners.

It does no good, you will get a letter from FBI saying it was a mistake but the letter is only good for 30 days. I spent 27 days telling them I was not the worthless person in prison. Sent in finger prints, waited , waited, waited, then they sent letter. I went and got my CHL in part because of having to deal with the wonderful people at the FBI, they are useless when it comes to helping you or understanding a thing.

Jumping Frog wrote:She should get a Voluntary Appeal File (VAF) with UPIN from the FBI. http://www.fbi.gov/about-us/cjis/nics/a ... peals-home" onclick="window.open(this.href);return false;

michael e wrote:It does no good, you will get a letter from FBI saying it was a mistake but the letter is only good for 30 days. I spent 27 days telling them I was not the worthless person in prison. Sent in finger prints, waited , waited, waited, then they sent letter. I went and got my CHL in part because of having to deal with the wonderful people at the FBI, they are useless when it comes to helping you or understanding a thing.

Guess you didn't read the link about a VAF with UPIN . . . .