DENIED.

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So, I'll make this short as possible. I've been buying guns since 2004. In 2011 I was at a LGS and got denied on a gun purchase. 6 days later NICS called back and told them to proceed with the transaction. They guy stated that living an hour away from me was a criminal with the same name birthdate etc. They made a note of it and its been smooth sailing ever since.

Fast forward to last Monday. Denied on 2 gun purchases. No reason given as usual. I filed an appeal immediately and have heard nothing back. Also, I work Saturdays at the store I was buying the two firearms from. I live in Maine.

I have no criminal record and haven't even had a speeding ticket in 15 years. What's my course of action? Do I even have one? Thoughts?
 
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He's your Congressman. He'd better have time to "waste." I think I would continue to try to "work through the system" for a little while longer before you take that step. File a couple more appeals and try to get a response. Surely if you file enough appeals someone is going to have to do something.
 
If I read that correctly, you have a guy living near you with the same name and birthday? Sounds like a case of identity theft to me unless you have a very common first and last name. One other question, do you put your social security number on the form? A SS number is optional, but in the case of two similar names it may help.
 
He's your Congressman. He'd better have time to "waste." I think I would continue to try to "work through the system" for a little while longer before you take that step. File a couple more appeals and try to get a response. Surely if you file enough appeals someone is going to have to do something.
Yeah that's kind of the road I'm on at the moment.
 
If I read that correctly, you have a guy living near you with the same name and birthday? Sounds like a case of identity theft to me unless you have a very common first and last name. One other question, do you put your social security number on the form? A SS number is optional, but in the case of two similar names it may help.
I do use my social. Everytime
 
There was a case out in California I think of a guy with the same first and last of a criminal and the cops would often come to ask him where he was when some crime was committed. Different middle name, different SS#, different address, etc. the cops advice to avoid future hassles, change your name.
 
There was a case out in California I think of a guy with the same first and last of a criminal and the cops would often come to ask him where he was when some crime was committed. Different middle name, different SS#, different address, etc. the cops advice to avoid future hassles, change your name.

Name change, while so unnecessary and burdensome for a law abiding citizen wouldn't help in the above referenced situation. Too many databases linking the old and new together. Identify theft might not necessarily be the case in yours, but our current system really needs a major overhaul because identity theft is causing a lot of problems. In the case of almost exact matches in the instacheck system, it's probably a computer generated response followed up by less than enthusiastic verification. Yeah, the whole system needs a hard reboot.
 
First off I would be making sure you don't have an identify theft issue going on.

If you are just unfortunate, apply for a Unique Personal Identification Number (UPIN). That 'should' resolve your issue in the future

Also if you are not currently, I would put your social security number on the 4473 and see if it goes through. If you are and still being denied, immediately revert to the first thing I said about checking identity theft, and apply for the UPIN
 
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You could apply for a UPIN. I know that might not be what you desire, but if you are having problems, that could solve your dilemma instead of trying to "fight city hall" when you find a gun you desire to purchase. That should eliminate any problems in the future.
 
Not sure how things are in Maine, but would acquiring a concealed carry license fix your problem? Here in Texas I have a CC license which exempts a dealers from having to run a background check on me.
 
Not sure how things are in Maine, but would acquiring a concealed carry license fix your problem? Here in Texas I have a CC license which exempts a dealers from having to run a background check on me.

That's news to me. Here in Va. It just removes any wait time before possession of the handgun.
I thought the background check was federal and applied everywhere.
 
That's news to me. Here in Va. It just removes any wait time before possession of the handgun.
I thought the background check was federal and applied everywhere.
Same here. I thought the background shock was on a federal level.
 
That's news to me. Here in Va. It just removes any wait time before possession of the handgun.

I thought the background check was federal and applied everywhere.


Maybe I used incorrect terminology, but when I buy a gun I simply fill out the 4473. The dealer then copies my drivers license and my CC license and sends me out the door with my new gun. If anyone is called it must be after the fact.

Of course here in Texas if you can prove affiliation with Mexican Drug Cartels Mr. Holder will give you any military grade weapon your heart desires.
 
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He's your Congressman. He'd better have time to "waste." I think I would continue to try to "work through the system" for a little while longer before you take that step. File a couple more appeals and try to get a response. Surely if you file enough appeals someone is going to have to do something.

If the OP's congress people are anything like mine, you are screwed. I e-mail mine about the federal land transfer to the states and get a " tell someone who cares" response. That is, the ones who actually respond.
 
Shortly after the CHL was passed here in Texas, the BATF allowed a license to fulfill the requirements for the federal background check.
 
I was DENIED once... On a Friday
They won't tell you ANYTHING concerning why.
I filed an appeal and was OKd on Monday.

They really should have to tell you IN WRITING why!
 
That's news to me. Here in Va. It just removes any wait time before possession of the handgun.
I thought the background check was federal and applied everywhere.

In Georgia, my CWL is my background check. All my dealer does is run my DL and CWL on the copier, put it in with my 4473 and hand me the gun (after I give him the money of course).

CW
 
I work part-time at a gun store. We've had occasions where someone will get Delayed; if no notification is forthcoming from NICS, after three days the customer can come pick up the gun. We have had calls from NICS up to three or four months later, telling us we can Proceed with the purchase. Denials seem to come within a day or two.

The boss says he asked, once, why the customer was Delayed, and got a 20 minute lecture on why it was none of his business. They (NICS) don't have to explain anything, and they won't.

One guy got Delayed for a couple days before NICS called with the Proceed permission. We talked about it when he came to get the gun; turned out he is a 'Jr.', and daddy is a felon prohibited from having guns. 'Jr.' didn't put the 'Jr.' designation on the application form*, but did include his SS#. We presume it took NICS a while to determine the difference.

In Kansas, a CCH allows you to fill out the application*, and walk out the door with the gun--no call to NICS. I understand it works that way in some states, not in others.

*Yes, I use the term 'application' for the 4473, because that's exactly what it is--an application to the .gov for permission to exercise a Constitutional right. Acebow
 
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