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Delayed/denied on your gun purchase expect a knock at the door


Buckshot Bob

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Oh my goodness. If you were denied, they are going to treat you like you're a criminal.

 

Well first of all, that's the whole point of that stupid background check crap. If you get denied it is supposed to be because you are a criminal, and they are supposed to come arrest your ass because it's illegal for a criminal to try to buy a gun.

 

They deny a couple of hundred thousand people every year but they don't arrest any of them. Now maybe they will.

 

And as for being treated like a criminal - hey guess what folks. The background check already treats you like a criminal. You have to be proven not to be a criminal before you can buy a gun.

 

Everybody else in the country is considered innocent until proven guilty. But a prospective gun buyer is considered guilty until proven innocent. Am I the only one that sees that?

 

 

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A writeup on it:

 

https://www.fedagent.com/news/bipartisan-nics-denial-notification-act-signed-into-law

 

Probably not a lot going to change. It makes NICS report denials to local (state) LE.

 

Quote

 

An internal review of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) data from 1998 to 2006 found between 10 and 21 percent of people with denied background checks were arrested for another crime involving guns.

 

In 2020, NICS rejected over 300,000 firearms transactions—a denial rate of less than 1 percent. The denials included 42 percent who had a criminal record, while others did not qualify because they were fugitives from justice, under indictment, or had restraining orders against them. 

 

... The Government Accountability Office (GAO) reported that only 11 percent of 112,000 federal denials that occurred in fiscal year 2017 were referred for investigation, and only 12 of these cases were prosecuted by U.S. Attorneys.

 

“The federal government does not have the resources or bandwidth to prosecute every prohibited person who attempts to acquire a firearm. If state and local authorities are aware of the denial, they can take appropriate action, which may include charging the prohibited person under the appropriate state laws,”

 

Nonetheless, it is not certain that notifying state law enforcement will lead to more investigations. The GAO found that 10 out of the 13 states that conduct background checks at the state level did not investigate or prosecute NICS denials either ... the report also found that the remaining three states investigated and prosecuted a significantly higher number of denials than the number investigated at the federal level.

 

From the report, there is a 1 in 10 to 1 in 5 chance a denied individual will later be arrested for a crime with a firearm.

 

I do wonder what this legislation does in regards to those who are wrongfully denied, who have only a certain amount of time to file an appeal. 

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Nearly 30 years ago, I was initially denied on a gun purchase due to a clerical error, the result of an out of state stop.

 

It was quickly corrected after I submitted an appeal and then had the distant state furnish, (at my expense, of course) confirmation and copies of the court records.

 

When I applied for my first cary permit, the same damned crap popped up again, and again, I had to furnish documentation at my expense to complete the approval process.

 

Since then, it has never been an issue, but I can see some fed officer showing up at my door someday, wanting to stick his nose in my business and look in my safe!!

 

All of this because the feds can’t keep their records straight and some boob of a clerk somewhere put a period or comma in the wrong place!!

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Only times I have ever been delayed was because of system overload. 

I’m gonna go cook a chili dog or two and not worry about it. :rolleyes:

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Back in the day when Florida counties could set their own regs I had to wait 7 days for my gun even with a Police I.D. !

No exceptions they used to say. Thank goodness things changed. CCWs used to be hard to get too. They were issued by the county, like CA.

When they changed the laws the Libs predicted blood in the streets and shootouts between armed citizens. Didn’t happen.

Now here in Colorado, the People’s Republic of Boulder is trying to ban hi-cap mags, ARs, gun kits, etc etc. 

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22 minutes ago, Utah Bob #35998 said:

When [Florida] changed the laws the Libs predicted blood in the streets and shootouts between armed citizens. Didn’t happen.

Actually, it did. European tourists... Germany issued a travel advisory revcommending to NOT rent a car.

 

Quote

Gov. Lawton Chiles ... said he would take to a special session of the legislature a request that the telltale word “lease” as well as the Y and Z letters on rental car license plates be banned. To thieves, the special plates are known as “Rob me” tags, Miami police say.

 

Rental cars were instant GFZs, local plates were luck of the draw.  IIRC, Florida had no reciprocity at that time.

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1 hour ago, Alpo said:

Well first of all, that's the whole point of that stupid background check crap. If you get denied it is supposed to be because you are a criminal, and they are supposed to come arrest your ass because it's illegal for a criminal to try to buy a gun.

 

If there were zero denials or holds due to clerical or other errors I could get behind it.

 

But there are more than zero denials or holds due to errors.

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2 hours ago, John Kloehr said:

Actually, it did. European tourists... Germany issued a travel advisory revcommending to NOT rent a car.

 

 

Rental cars were instant GFZs, local plates were luck of the draw.  IIRC, Florida had no reciprocity at that time.

That had nothing to do with the better CCW permit laws. As mentioned, it was the rental license tags that had been a problem for years.

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I get delayed almost every time.I just tell them I will see them in about a week..

I got a class 3 & didnt seem to have a problem.Still took about 8 month's.

                                                                                                                                               Largo

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8 hours ago, Subdeacon Joe said:

 

If there were zero denials or holds due to clerical or other errors I could get behind it.

 

But there are more than zero denials or holds due to errors.

According to GOA the majority of delays/denials are in error 

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I agree with @Alpo

I am getting sick of these news reports that “John Doe bought the gun legally even though he had blah-blah-blah on his record.” I have actually heard nefarious looking characters in line at gun stores discuss how to get to fill out the docs at the gun counter “so maybe it goes through this time”. This was in California!

I you have a criminal record or you are legitimately banned from owning guns and you attempt to buy a gun your @$$ should go to jail. Period! That can’t happen if the Feds and the police don’t or can’t do their jobs. 
 

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That’s just the thing, if they enforce the laws they have now the majority of criminals would be in jail. So less power and fear mongering ability for government officials, and less justification for making up new laws . Not that they ever feel the need for justification 

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Not a denial, but back when it had to be called in, there was a delay and a local Leo came to check me out.  Seems someone with the same last name and birthday had a warrant out.  Luckily I was not that person.   Had a coworker get denied, turned in appeal paperwork and it was approved in a few days, no explanation given.   I expect most denials are in error as known criminals won’t try to get by a nics check.  

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Trey Gowdy summed it up nicely.

There is no Due Process to place a person on the Terror Watch or No Fly list. 
A citizen's 2nd Amendment right is now taken away, without Due Process.
This applies also to the NICS background check system.

 

----------------------------------
Erroneous No-Fly Entries
----------------------------------
• Baby Doe, 18-month toddler
• Cat Stevens (Yusuf Islam), Singer
• Children, multiple
• David Nelson, Actor
• Drew Griffin, Journalist
• Edward Kennedy, Senator (D-MA) (deceased)
• John Lewis, Congressman (D-GA)
• Michael Hicks, age 10, Cub Scout
• Nelson Mandela, President of South Africa (deceased)
• Stephen Hayes, Journalist
• Dr. Patrick Stephen Hackett, DVM
• Tom McClintock (R-CA)
• Riyanna (18-month toddler)

Politicians and those with lots of money can eventually get themselves removed.
The rest of us... good luck with that.

 

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9 hours ago, Still hand Bill said:

Not a denial, but back when it had to be called in, there was a delay and a local Leo came to check me out.  Seems someone with the same last name and birthday had a warrant out.  Luckily I was not that person.   Had a coworker get denied, turned in appeal paperwork and it was approved in a few days, no explanation given.   I expect most denials are in error as known criminals won’t try to get by a nics check.  

 

You'd be surprised at the number of criminals that try it. Ask almost any FFL that actually sells firearms regularly, happens all the time.

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26 minutes ago, Cypress Sun said:

 

You'd be surprised at the number of criminals that try it. Ask almost any FFL that actually sells firearms regularly, happens all the time.

Well, they see on the interweb and TV that anybody can walk into a gun store and walk out 10 minutes later with a fully automatic weapon of war and destruction. :rolleyes:

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BUY a gun when you're illegal???????????

WHY?

Just make your own. 

Style, fit, finish dependent on your skill and handiness.

Afghani tribesmen have been making anything customers could want for decades, much of them indistinguishable from the originals, using hand tools.

e397257d0f438c31a6290b2e6d34e19f.jpg

SASS Sept 8 2021 .jpg

One Shot Home made shotgun.jpg

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Bottom one looks like it might be hazardous to the shooter as well. :D

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9 hours ago, Cold Lake Kid, SASS # 51474 said:

BUY a gun when you're illegal???????????

WHY?

Just make your own. 

Style, fit, finish dependent on your skill and handiness.

Afghani tribesmen have been making anything customers could want for decades, much of them indistinguishable from the originals, using hand tools.

e397257d0f438c31a6290b2e6d34e19f.jpg

SASS Sept 8 2021 .jpg

One Shot Home made shotgun.jpg

That’s why they are afraid of the so called ghost guns . They keep trying to make information illegal. Look at what they did to that kid who was 3d printing receivers and sharing the files with anyone who wanted them . Small shops building guns is as American as it gets . Building your own muzzle loader or sporterizing a military bolt action was the thing when I was a kid. Now we have hobby lathes and mills , affordable tig welders and 3d printers . Knowledge is power don’t let the government limit yours . 

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On 8/2/2022 at 7:58 PM, Chief Rick said:

Some states don't require a call in to NICS for CCW holders.

 

Just sayin'...

Ohio is one of them! The last two guns I bought, no background check. It was great!

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At my F.F.L. dealer...I plunk down my drivers' license, my license to carry, fill out the paperwork, lay down my $20 bucks for the transfer, and walk out the door. The only "wait time" I have, is waiting on the item I ordered to get to my F.F.L. Dealer. 

I did that very thing last Thursday.  

Here, if you have a license to carry, they are not required to call anyone, and they don't.

All this changes in November, and again in 2024.  

The Cavalry is coming...IF you do your part, and vote! 

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LGS called yesterday, said my Alaskan will be ready for pickup on 8/13.
I was shocked... didn't expect it until September 1.

Kinda like gas dropping from $6 back to $5 and now everybody is happy once again.

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