Search found 6 matches

by mrvmax
Fri Sep 30, 2016 7:13 am
Forum: The "Waiting Room"
Topic: I have an LTC but was Denied Purchase by FBI
Replies: 133
Views: 34945

Re: I have an LTC but was Denied Purchase by FBI

Flightmare wrote:
remanifest wrote:
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).
Makes me wonder how many are able to pass a NICS and normally wouldn't for the same reason you were wrongfully denied. I can understand a delay, until they are able to determine you are who you say you are, and that there is no issues. But an outright denial based on name and physical characteristics, that is odd.
Why would that be odd? Imagine how many Jim Smiths there are in the US. Imagine how many would be similar age, height, hair color etc. I'm sure there are even those similar down to birth dates with over 320 million people and some will have felonies which will be an automatic denial. The NICS check starts with a contract employee that does not have the clearance to do background checks. If anything pops up they forward to an FBI employee (at this point it would be a delay) who can do a more in depth search. They may send inquiries to state agencies who will not always be able to respond in three days. All the info on the 4473 needs to be correct so when it is entered into NICS it is correct. It would help to add a SS number but even then with SS being stolen that is not a guarantee. I've had guys with their identity stolen 20 years ago that would still get delayed until the info could be verified, he finally got a CHL (now LTC) to avoid being delayed every time.

FFL's are told by the ATF that they can deny selling firearms to anyone they think should not purchase one. If you come in acting odd (which is subjective) it doesn't matter if you are law enforcement or have a CHL/LTC, the FFL can refuse to sell to you (not sure if anything like this has been challenged in court, I would be curious to hear about a case that was). Of course you do not need to shop there again. With the massive amount of press coverage on the relatively few mass shootings in the US no FFL wants to be the business that sold a firearm to someone that used it in a mass shooting (or in any crime for that matter). It can easily shut a business down from publicity alone much less having the ATF scrutinize the FFL. Hence the reason why places like Academy will run NICS even when you have a valid LTC/CHL - no FFL wants to be involved in selling firearms to prohibited people or those that will use them in a crime. Trust me, no FFL wants to get a call from the FBI on a firearm trace request either. When we get those it always conjures images of some mistake that was made that will cause mucho trouble.
by mrvmax
Thu Aug 25, 2016 5:34 pm
Forum: The "Waiting Room"
Topic: I have an LTC but was Denied Purchase by FBI
Replies: 133
Views: 34945

Re: I have an LTC but was Denied Purchase by FBI

TXPeaceOfficerDave wrote:You're right. You don't need a receipt. But if you transfer a firearm anywhere on Planet Earth and you don't get a receipt you're a moron.
You should tone down the accusations, there are many here that do not get receipts and have no mental deficiencies.
by mrvmax
Thu Aug 25, 2016 5:32 pm
Forum: The "Waiting Room"
Topic: I have an LTC but was Denied Purchase by FBI
Replies: 133
Views: 34945

Re: I have an LTC but was Denied Purchase by FBI

techenigma wrote:I thought it was up to the FFL if they wanted to do run a NICS check on an LTC holder?
It is in certain states like Texas, some states have no option.
by mrvmax
Thu Aug 25, 2016 5:31 pm
Forum: The "Waiting Room"
Topic: I have an LTC but was Denied Purchase by FBI
Replies: 133
Views: 34945

Re: I have an LTC but was Denied Purchase by FBI

TXPeaceOfficerDave wrote:Good lord, a whole motmot y'all own boats!!! Hahaha
In many states it is the law that any weapon sold must have had an "example casing" pulled before sale. Connecticut and others do this. Glock does this voluntarily and many others do as well.
It's not many states, it is actually only a few that require that and they are finding that it isn't the great help in solving crimes they thought it would be.
TXPeaceOfficerDave wrote:So you sell your handshake gun to Joe Smoe and he immediately goes and robs a bank (federal and state offense). He then shoots the teller and drops the gun on the floor and walks out.
The video from the bank will show it was not me or I prove I was at work, at home (I can pull my camera video for proof) or find a million other ways to prove I was not at the bank where the crime was committed. It's not that difficult and I will not need an attorney.
TXPeaceOfficerDave wrote: You may not know this but even as a private person under federal law if you sell a firearm during a private transfer and that person is a convicted felon then YOU have committed an offense of that person makes up good enough story where 12 jurors and 2 alternates believe his line of crap well enough when he lies and says he told you he was crazy person or had prior convictions for felonies.
Yes but they have to prove that you knew he was a felon. If you had no way of knowing how are they going to prove that? Give us some case law (preferably from Texas) where someone was convicted. It's not that I think it has never happened, it's just that I want to read the details of where it has happened.
by mrvmax
Thu Aug 25, 2016 9:38 am
Forum: The "Waiting Room"
Topic: I have an LTC but was Denied Purchase by FBI
Replies: 133
Views: 34945

Re: I have an LTC but was Denied Purchase by FBI

TXPeaceOfficerDave wrote:Remember. There are some places you buy weapons that are REQUIRED BY LAW to run your NICS check REGARDLESS OF YOUR STATUS AS AN LTC HOLDER!!! Let me give you one. AAFES at Randolph AFB right here in Universal City, TX. They do NOT recognize the Texas LTC and they run NICS no matter what. In fact, when you buy a weapon there you must fill out about three times the moral ATF paperwork and also register with base commander paperwork. Not joking. If you think I am wrong you're more than welcome to please go there and attempt to purchase for yourself. :-)
There is no Texas law requiring it, since AAFES is federal they may have some mandated. What law requires it? I'm curious.
by mrvmax
Wed Aug 17, 2016 9:10 am
Forum: The "Waiting Room"
Topic: I have an LTC but was Denied Purchase by FBI
Replies: 133
Views: 34945

Re: I have an LTC but was Denied Purchase by FBI

remanifest wrote:
The store owner asked if I've ever held a security clearance, and when I replied in the positive, she stated "that's probably it, but you never know with these bureaucrats".

.
What does this have to do with anything? Either you have something in your background, the clerk entered the wrong info or your was pulled randomly for further review (I have been told that the FBI will randomly pull checks for further review). I would not buy from that dealer anymore unless they bypass the NICS check.

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