Finally my new handgun arrived to my new FFL yesterday but it was not till today that I was able to go retrieve it. I fill the new and improved ATF Form 4473 , presented all my IDs and waited for the guy to call FDLE for my Brady Background check……and waited…..and waited (I figure about 15-20 minutes for that “instant check”)… and it came back DENIED.
I had a spot of trouble once some years ago when in another background check, whomever was on the line had to recheck my name with my SSN because there are several people with my same appellative that are less than Law Abiding, but other than an extra minute on the phone, the background check went without a hitch.
The clerk at the store told me that he was informed several people with my same name appeared as prohibited persons and that is why I was denied. I know the clerk gave the genius on the other side my full SSN so there is no frigging legal reason why I had to be denied. The only “excuse” I can imagine is that they are flooded with background checks and they are in the “fuck it” mode of operations.
I took it personally. I had several background checks after that first issue and not only for guns but for other licenses that required background checks and never had one single solitary problem. How dare some taxpayer-funded customer service nitwit dares to call me a felon? Yes, I am still pissed off 12 hours after the fact.
So now I have to appeal the denial by filling the FDLE 40-020 form, get fingerprinted and send it to Tallahassee. I was given a really bad photocopy of the form at the gun shop so I went online at the FDLE Purchase program and get a better one when, Surprise! two-thirds or more of the links simply did not work including the link for the form.
The only shiny moment was when I emailed the FDLE’s webmaster and alongside the very quick reply about fixing the links, he sent me a copy of the form. How long will it take for FDLE to process the appeal and fix their screw up? Who knows, but in the meantime there is a little gun crying alone in a safe somewhere in South Florida.
And it also really pisses me off that the Bradys and CSGV will use my part on the statistic to lie about how many criminals get rejected by the “Instant” Background Check. Then again I’ll be living proof about the stupidity of their claims.
Well that sucks. I’ve never been denied, but I’ve had them take a couple of hours on one gun in VA.
Hopefully my first purchase doesn’t get rejected. But then again, I hope a crim doesn’t have the same name as I do, including my two first names (blame my dad’s side of the family).
Grr. Hope you get it worked out soon. I got delayed the last time, but it did eventually go through.
Hmmm, what if future policy was to routinely deny a large percentage of bg checks then force requestor to resubmit / file multiple appeals? Objective being reduced sales because after awhile some will think 2x about the hassle. Next step, additional processing fee with each appeal…
I just did some math on BG checks in Florida. From January to July, there were approximately 1.3 checks per second so I am gonna sick with the “”fuck it” theory for a while.
See, now according to Ladd Everitt, this is perfectly acceptable since you have a means of appeal no matter the hassle and expense involved. Yet at the same time, they would cry to the sky’s had you even been asked to present an ID to vote or been denied that right because you have a common, hispanic, name.
This is why all of these “lists” are nothing but government bullshit meddling. Even Teddy “the swimmer” Kennedy got put on the no fly list. They refuse to look at the easiest solution. If someone can’t be trusted with a gun, lock them in a cage until they can either play well with others or they die. Then there wouldn’t be a need for crap like NICS checks.
Good luck with your appeal. Hopefully it won’t take long.
somewhere out there is another Brian Ritchie who is an asshole too, I feel ur pain, though I just get delayed not denied…. maybe Ladd got a second job as a NICS guy
Admitting you have a problem is the first step…… 🙂
I’m sure as well there is another Filipino out there who is a hard-ass criminal with the first names ‘Justin Joshua’.
Had the same thing happen to me, when a convict with the same name as I have was paroled to my city. It may have been simpler for me, as this was several years ago. First, I had to request from the NICS and FBI a form to fill out to start the appeal. Then, I had to get fingerprints, copies of SSAN card and my drivers license, mail all this off with a request to appeal this horse excrement, wait nearly 90 days, then I got a letter with a form giving me permission to by my rifle. I was furious, but nothing I could do. I then went ahead and got my Unique PIN, so I have had no problems since. I then surrendered my UPIN when I had my CHL in hand, since in TX I don’t have to get a NICS check with that license. But it is a MAJOR pain in the a$$.
funny, even in Missouri with a ccw i was denied…and have to jump through all the BS hoops….now, how many bad guys try to be leggit and by legally? DUH
Sorry to hear that, Miguel. Putting the government in charge of anything is asking for a broken bureaucracy. I hope that this works out quickly. What new treasure are you getting? I apologize if I missed that detail.
Kahr CW9… been lusting after the wife’s for a while now so she let me buy her a second Kahr CW9 and she will let me use it….maybe.
Basically I bought it, I am going through all this crap and it is hers…. that’s marriage for you 🙂
For once in my life, I love having a unique name.
I KNEW you were shifty when I saw those beady little eyes of yours!
Does Florida do their own background checks or is it through NICS? The NICS people, by policy, will not tell the dealer shit about why they give out a denial. They only additional thing they sometimes say is “Can we have the address the person gave you?” Or something to that effect.
The dealer was most likely just trying to placate you. That’s our job. You’ll probably only know the real reason after a successful appeal, if at all. I haven’t ever heard someone with a successful appeal say why. Usually, they just want their gun.
Background checks go through Florida Department of Law Enforcement and the appeal goes to them.
Hi Miguel. It’s been years since your post but I’m curious what the outcome was. I’m in a similar predicament. Thanks!
It took three months to finally get cleared and they sent the paperwork back so I could get my gun out of the FFL…who was about to send it back to the original shipper.
[…] buy and sell our property without Big Daddy Government getting into our stuff…or just saying “Nah your name is too common!”, Miguel happens to have the Spanish equivalent of “John Smith”, in a state where there […]
[…] in November, I wrote about my gun purchase denial and the process. Today it makes for day 24 since FDLE acknowledged getting my appeal request and […]