erroneous NICS denial, what about CHL ?

[houstonsailor]

I have never been in any trouble with the law other than minor traffic violations.

about 8 years ago I had a bunch of unpaid traffic tickets in new york with scoff unanswered. also got an unlicensed operation charge, due to suspension from unanswered tickets. I hired an attorney who took care of all the traffic tickets, got most of them thrown out or reduced to non moving violations. the unlicensed operations charge was dismissed.

my driver's license is now 100 % clear with no violations on it and has been for a couple years now. (got a speeding tic the other day for the first time in 6 years, but I have an attorney working on this)

anyway, I tried to purchase a second gun the other day and got a NICS DENIAL (almost instantly). Needless to say, I was shocked.

I retained an attorney who specializes in this to file the appeal and get this solved, but he said this can take up to 5 months !!

I would like to get my CHL, however now I am concerned. Should I go ahead and try it, or wait up to 5 months (possibly longer?) for the results of my NICS appeal before I do anything ?? Will my NICS denial automatically deny me for the Texas CHL?

I have read all the Brady law disqualification list (as well as the Texas CHL stuff), and there is NO REASON WHATSOEVER that I should be denied. However, that didn't stop the NICS ....

Please advise.

[longtooth]

Welcome aboard & one of our folks will get you an answer before too long.

[jmra]

The NICS system is a name based system. If you have a common name and are unfortunate enough to be born the same day as a bad guy with the same name you are going to have issues. I speak from experience. I have a 100 percent perfect record and I have been denied by NICS. BTW, listing your SS number on the forms does not help.

The good news is getting a CHL fixes the problem. Having your prints entered into the system removes any doubt about who you are and who the bad guy is.

And of course once you get your CHL in most cases you can avoid going through NICS when making a purchase.

Another thought, instead of paying the lawyer to fight NICS, apply for your CHL. If you have issues getting the CHL, spend the money on the lawyer on getting through a CHL appeal. If you don't have issues getting the CHL then you're not out any money with the lawyer.

As a side note, I was denied by NICS during my CHL application process. It had no impact on my CHL. In fact, immediately after being denied I called the same number for NICS that the FFL called and spoke to an agent. After looking at my record he said I could probably go to the next table (gun show) fill out the paper work and get a green light from NICS. I just got stuck with a hard core agent on the earlier call.

[gregthehand]

Did they outright deny you or did it not get approved? When my uncle goes his never gets answered and he has to wait five days until they don't send a denial. The gun store always tells him he has a right to denial or something like that. The hold up is that he has a no good cousin with the same name as him who also lives in the same town.

[houstonsailor]

Yes, it was an actual denial.

jmra, thanks that is great information. makes me feel a lot better about this happening to other people. I will follow your advice and see what happens!

Thanks again!

[Rebel]

And of course once you get your CHL in most cases you can avoid going through NICS when making a purchase.

Just to sidetrack a bit, but under what circumstances would you still have to go through the NICS when making a purchase if you have a CHL? Outside of maybe NFA stuff, but that's not a "normal" purchase process.

[neilp]

As a resident alien some stores will process a NICS check even with a CHL.

[Rebel]

As a resident alien some stores will process a NICS check even with a CHL.

Again learn something new everyday. Thanks.

[pcgizzmo]

You can also pay for an FBI background check on your own. It will be done when you get your CHL but if you want to make sure your clean before getting your CHL you can follow the directions on this site.

http://www.fbi.gov/about-us/cjis/backgr ... und_checks" onclick="window.open(this.href);return false;

[jmra]

And of course once you get your CHL in most cases you can avoid going through NICS when making a purchase.

Just to sidetrack a bit, but under what circumstances would you still have to go through the NICS when making a purchase if you have a CHL? Outside of maybe NFA stuff, but that's not a "normal" purchase process.

Some stores will still run the NICS anyway. They are not required by law to accept the CHL. I have not run into this myself but others on the forum have.

Of course I would simply say thank you and make my purchase else where.

[03Lightningrocks]

And of course once you get your CHL in most cases you can avoid going through NICS when making a purchase.

Just to sidetrack a bit, but under what circumstances would you still have to go through the NICS when making a purchase if you have a CHL? Outside of maybe NFA stuff, but that's not a "normal" purchase process.

Some stores will still run the NICS anyway. They are not required by law to accept the CHL. I have not run into this myself but others on the forum have.

Of course I would simply say thank you and make my purchase else where.

I would say a lot of mean stuff about them and then do as you and make my purchase elsewhere. I had read somewhere on this forum that Academy ran NICS checks on CHL holders. I decided to buy a gun from an Academy after reading that here and was prepared to say adios if they did this to me. Nope... they took my CHL and even expressed relief at not having to mess with NICS.