TexasCHLforum.com

allisji wrote:This is unbelievable. And still no explanation why you were denied? They owe you an explanation.

Glad that you apparently are free to purchase firearms using your LTC now.

No, I got an explanation on why I was denied. Someone with a similar name and similar features is a fugitive from justice, and their system does loose matching based upon simple demographic (name) and feature characteristics (height, weight, age).

Pawpaw wrote: While I'm glad you got your issue worked out, that does not bode well for most people who lack your connections. The "average Joe" is just out of luck.

Please write out the whole ordeal and send it to all of your Congresscritters. The BATFE needs to be taken to task for this stuff.

I do agree that this needs to be sorted out. It seems to me that the BATFE are the good guys in this scenario, and that the FBI is being downright hostile toward the 2nd amendment. How many of these recent psychopaths had obtained firearms legally, through the same process wherein I was denied, after previously being confirmed by the FBI to not be of concern in any manner whatsoever (proven by issuance of the LTC & my active security clearance)?

The last message I sent to my congressman, two months ago, has not been responded to, despite well-founded concerns. I have zero trust in Bill Flores, and he will not be receiving my vote.

Though this thread is pretty well dead, I wanted to post an update for those who may be watching.

My buddy at the FBI told me that the appeals department IS pretty much shut down. After I heard the automatic message that they were processing appeals from August 2015, this was his reaction.

Saturday, I went to the firearms store & explained all of this to the owner, who has been so cordial and a pleasure to talk to. She asked to give her a few days, and that she would call the ATF to discuss this situation with them. She also stated she's seen a huge uptick in "delay" and "deny" responses from the FBI since they switched to their new verification system.

Tuesday, she calls me up in the early afternoon to let me know I'm free to come by at my convenience with my license and my LTC, and that the firearm is mine. I'll be picking it up this Saturday :)

Gotta love when justice prevails!

warnmar10 wrote:

remanifest wrote:A call to my buddies is definitely in order. I waited the full week after the paperwork arrived, then called the NICS appeals line today. The message was something to the effect of, "The FBI is no longer providing status updates on NICS appeals. Your appeal will be handled in the order received. We are currently processing appeals from August, 2015.", followed by the automated system hanging up.

August 2015? That is absurd.

To paraphrase Trey Gowdy... oh never mind. Have you checked to see if you're on the no fly list too?

I'm definitely not on the no fly list. I fly around the country for work every now and then - haven't flown internationally in almost ten years. I have a valid passport and an active security clearance. Definitely not a bad guy, the FBI just thinks someone with a "similar name and features" is a fugitive from justice.

A call to my buddies is definitely in order. I waited the full week after the paperwork arrived, then called the NICS appeals line today. The message was something to the effect of, "The FBI is no longer providing status updates on NICS appeals. Your appeal will be handled in the order received. We are currently processing appeals from August, 2015.", followed by the automated system hanging up.

August 2015? That is absurd.

Just a quick update here - I submitted my Voluntary Appeal File, and it was received at the FBI's NICS PO Box today. I'll probably be getting in touch with my contacts next week or the week after to push this along.

TXPeaceOfficerDave wrote:Impersonating a law enforcement officer offense requires an overt act upon the part of the person committing the offense. You must complete or attempt to complete some act that would cause another to believe you were were an officer when in fact you are not.

Mens rea - the bad mind
Actus reas - the bad act

Both must be present for a crime to have been committed.

Much more eloquently stated - thank you.

The Wall wrote:Wouldn't that be impersonating an agent if you were wearing one? Guess not! I just Googled this website and there's many more.

http://www.prepsportswear.com/governmen ... id=2579742

Not something I would wear. Some nut case might try and take you on.

Fixed the link for you. I'm going to see if I can get legit gear. A lot more goes into being an FBI agent than wearing a t-shirt, so impersonation wouldn't be the issue so much as whether they're allowed to give out their official gear to civilians.

TexasTornado wrote:

remanifest wrote:

TexasTornado wrote:

remanifest wrote:

Pawpaw wrote:Good luck with your appeal.

https://www.nraila.org/articles/2016012 ... al-appeals

Son of a...

Going to go through with it anyway, and I'll post my result here. I can be pretty convincing to bureaucrats, having worked with them for over a decade, so I'll try to get in touch with the specific unit that would be able to have eyes on it. Either way, I'll post my results here.

What you said was....

I'll try to get in touch with the specific unit that would be able to have eyes on it.

What I heard was 'I have FBI contact's

In which case I NEEEEED a t-shirt pretty please?

It'll probably be a couple of weeks before I get off my butt and start taking action. I'll see what I can do - I have 5 personal contacts in the FBI currently. What size would you like?

Pm sent with details. Thank you!!!!!!!!!!

Got it! I'll see what I can do for you by the end of next week or so. I can't make any promises, because I'm not sure what their policy is on providing their items to civilians. I will certainly try my best!

TexasTornado wrote:

remanifest wrote:

Pawpaw wrote:Good luck with your appeal.

https://www.nraila.org/articles/2016012 ... al-appeals

Son of a...

Going to go through with it anyway, and I'll post my result here. I can be pretty convincing to bureaucrats, having worked with them for over a decade, so I'll try to get in touch with the specific unit that would be able to have eyes on it. Either way, I'll post my results here.

What you said was....

I'll try to get in touch with the specific unit that would be able to have eyes on it.

What I heard was 'I have FBI contact's

In which case I NEEEEED a t-shirt pretty please?

It'll probably be a couple of weeks before I get off my butt and start taking action. I'll see what I can do - I have 5 personal contacts in the FBI currently. What size would you like?

Pawpaw wrote:Good luck with your appeal.

https://www.nraila.org/articles/2016012 ... al-appeals

Son of a...

Going to go through with it anyway, and I'll post my result here. I can be pretty convincing to bureaucrats, having worked with them for over a decade, so I'll try to get in touch with the specific unit that would be able to have eyes on it. Either way, I'll post my results here.

Just got the letter from the FBI telling me why they denied my purchase...

"This letter is in response to your inquiry concerning your NICS transaction identified above. A search resulting in a "deny" indicates the subject of the background check matches a prohibiting record containing a similar name and descriptive feature(s). The reason for denial is under the following prohibition:

[*]Title 18, United States Code, Section 922(g)(2): A person who is a fugitive from justice.

If you have not supplied this information and you wish to challenge the accuracy of the denial, you may submit certified court documents pertaining to the prohibiting record, or you may submit a set of your rolled fingerprints. A downloadable fingerprint card is available at <www.fbi.gov/nics-appeals> and may be submitted to the FBI Criminal Justice Information Services Division, National Instant Criminal Background Check System Section, Appeal Services Team, Post Office Box 4278, Clarksburg, West Virginia 26302-4278. The documents submitted will not be returned.

Please be sure to include your NTN with your fingerprint card and documentation. Failure to do so will only delay your request.

NICS Section
CJIS Division"

Pretty sure if I was a fugitive, I wouldn't have passed the LTC checks. So... hoops it is!

The Wall wrote:So has the OP got his gun yet?

Nah, not yet... needing to jump through the slow FBI hoops (last time I'll ever, ever do this).

I've recognized that by being a little more patient, I would have avoided all this drama.

I'll update on here as soon as this firearm is received.

Pawpaw wrote:

remanifest wrote:Thank you guys for all the input thus far.

To clarify, I did NOT have plastic in hand - just had been approved and had the card mailed, so the NICS was not out of line at all for the FFL.

I called the store today, and was told I had another denial on yesterday's application. There is absolutely nothing in my background - plastic is in hand today.

When I asked the FFL if they could sell the firearm without NICS now that I have plastic in hand, they said they couldn't because of the denial, and that I have to sort that out first. She said if I'd had plastic in hand she wouldn't have run me through NICS in the first place, so my prior statement to that effect for other LTC holders was based on a mistaken perception.

All I can do now is wait for the FBI to get their heads out of the sand. Next time, I'll bypass this whole thing with the LTC in hand. I trust this FFL - she's clearly indicated she's never run into this before, that she doesn't like the red tape, and she's sorry this is happening.

I'll keep this thread updated so we can all see where this goes - hope this post moves some of the hate away from the FFL, who seems to be doing everything right to me, and who has been nothing but kind and cordial to me & my family.

That is a lot different than, "I have an LTC" which you said in your original post and even titled the thread.

Apologies - my intent in the statement was that if someone were to query me electronically, I would assume they (the FBI) would have been able to see that "we've done a background check on this guy and said he's good to go", and potentially that the state of Texas had issued the LTC. I definitely see how this was unclear, and should have been much more specific in the OP.

DocV wrote:You are going to appeal this denial, correct? It seems best to do so to me.

Yes. I appealed the denial on 8/16. Only annoying thing is that I now need to get fingerprint cards done and mail those in to the FBI so they can associate those with my "file". Apparently, they're not allowed to use electronic fingerprints at the FBI. According to the agent I spoke to, those fingerprints are for the state. Not sure if he was blowing smoke, but he was very particular about saying that they needed to be physical fingerprint cards, but that "I may be able to scan them in, depending upon the quality of the fingerprint card". This contradiction wasn't lost on me, but this is what I was told.

So far, everyone's just been informative throughout the process.