Denials and looking for advice

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Clifjr

    Member
    Feb 2, 2014
    952
    Germantown
    Ok a friend of mine tried recently to purchase a 22lr rifle and was denied. He has had trouble with the law before but he was told by his lawyer at the time(years ago)that his records were expunged as the case was resolved but after that he had a restraining order against him but that’s is over and done with also with nothing happening during the time it was on him. He has been dealing with alcoholism and over a year sober now and getting his life back in order. My question is can he find out why he was denied and would the restraining order keep him from owning a firearm or did his lawyer lie to him years ago?
     

    Clifjr

    Member
    Feb 2, 2014
    952
    Germantown
    Thanks for the replies and no he’s not thinking of changing his answers but more so he’s just wondering why he was denied so I’ll try and help him find out why. I’ll have him check the dealer for the ATF address and write them a letter to see if they will tell him more on his denial.
     

    outrider58

    Who asked ya?
    MDS Supporter
    Jul 29, 2014
    37,143
    He may actually be notified/visited by the State Police as a result of the denial.
     

    Biggfoot44

    Active Member
    Aug 2, 2009
    24,438
    With all due respect , and MDS's well deserved reputation for being the Fount of Alll Knowledge on All Topics - Don't ask us , ask his Lawyer .
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    20,819
    Underground Bunker
    With all due respect , and MDS's well deserved reputation for being the Fount of Alll Knowledge on All Topics - Don't ask us , ask his Lawyer .

    I agree with this, the answer is here within the responses given. Lots of knowledge here at MDS, but you won't be able to use or say well MDS told me.

    Bottom line a lawyer will be able to answer and explore the options of your friend.
     

    Clifjr

    Member
    Feb 2, 2014
    952
    Germantown
    Thanks for the replies and I’ve passed on the info about a lawyer and contacting the ATF but he is disappointed and moving on for now. I’ve told him his battle with alcoholism is more important at this time in his life and not to let this be a setback in that. Hopefully he continues on his sobriety!
     

    Docster

    Active Member
    Jul 19, 2010
    9,428
    With all due respect , and MDS's well deserved reputation for being the Fount of Alll Knowledge on All Topics - Don't ask us , ask his Lawyer .

    ^^THIS......but I highly doubt that offering non-expert opinions on medical, psychological and legal concerns here will ever stop. IMHO it's a huge disservice likely to cause more harm than good
     

    Trigger Time

    Amazed
    MDS Supporter
    Feb 23, 2013
    922
    Assuming it was a NICS check, which is what MD FFLs directly do for long guns, the appeal goes to FBI, not ATF.

    https://www.fbi.gov/services/cjis/n...inal-background-check-system-nics-appeals-vaf

    A lot of good information there. This is the part that frustrates me,
    "If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one."

    I get delayed almost every time. I've figured out that if it's during business hours M-F they will call back within 30 minutes with a proceed. If it's a weekend or gun show going on, they may never call back.
    I was going to apply for the UPIN but they state that you still may be delayed.
    So I just stay away from gun shows and Dicks Sporting Goods, as they won't release after three days without the proceed.
     

    Biggfoot44

    Active Member
    Aug 2, 2009
    24,438
    That's CYA language about the UPIN . Assuming the usual Situiation of potential mistaken identity for a BG , the UPIN will usually take care of the problem .

    If you , yourself , actually are borderline shady , they'll still need the time to investigate You .

    ************************

    See , still plenty of lay advice . The MDS threshold kicks in at blatant self incrimination .
     

    Trigger Time

    Amazed
    MDS Supporter
    Feb 23, 2013
    922
    That's CYA language about the UPIN . Assuming the usual Situiation of potential mistaken identity for a BG , the UPIN will usually take care of the problem .

    If you , yourself , actually are borderline shady , they'll still need the time to investigate You .

    ************************

    See , still plenty of lay advice . The MDS threshold kicks in at blatant self incrimination .

    Well as far as the Maryland State Police are concerned I'm not too shady because they still let me have me my guns, but what the feds have on me, I have no idea and they will not tell me..........at this point if my life I don't GAF.
     

    Biggfoot44

    Active Member
    Aug 2, 2009
    24,438
    The typical thing is a felon/fugitive with same last name and first initial , or with a SSN one digit off from yours .
     

    rseymorejr

    Active Member
    MDS Supporter
    Feb 28, 2011
    21,555
    Harford County
    A lot of good information there. This is the part that frustrates me,
    "If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one."

    I get delayed almost every time. I've figured out that if it's during business hours M-F they will call back within 30 minutes with a proceed. If it's a weekend or gun show going on, they may never call back.
    I was going to apply for the UPIN but they state that you still may be delayed.
    So I just stay away from gun shows and Dicks Sporting Goods, as they won't release after three days without the proceed.

    I used to be delayed about 3/4 of the time. The delays ran from 30 minutes to 24 hours. It got very frustrating so I applied for a UPIN. Now I've gotten delayed only a couple of times and heard back within 10-15 minutes. An improvement. Seems like, for me, the electronic submissions seem to go quicker than when they are phoned in.
     

    pre64hunter

    Member
    Mar 19, 2010
    293
    Harford County
    A lot of good information there. This is the part that frustrates me,
    "If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one."

    I get delayed almost every time. I've figured out that if it's during business hours M-F they will call back within 30 minutes with a proceed. If it's a weekend or gun show going on, they may never call back.
    I was going to apply for the UPIN but they state that you still may be delayed.
    So I just stay away from gun shows and Dicks Sporting Goods, as they won't release after three days without the proceed.
    I've never been delayed. I've heard and known guys with a matching name being delayed because the other guy has a felony.
    I've also heard that by providing your Social Security number will eliminate any confusion. Any thoughts to that? Seems that buying a gun, being delayed and waiting till the bureaucrats further investigate, you're not hiding from anybody.
     

    rseymorejr

    Active Member
    MDS Supporter
    Feb 28, 2011
    21,555
    Harford County
    I've never been delayed. I've heard and known guys with a matching name being delayed because the other guy has a felony.
    I've also heard that by providing your Social Security number will eliminate any confusion. Any thoughts to that? Seems that buying a gun, being delayed and waiting till the bureaucrats further investigate, you're not hiding from anybody.

    In my case including my SSN did no good at all. The UPIN did help.
     

    ken792

    Active Member
    Sep 2, 2011
    4,171
    Fairfax, VA
    A lot of good information there. This is the part that frustrates me,
    "If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one."

    I get delayed almost every time. I've figured out that if it's during business hours M-F they will call back within 30 minutes with a proceed. If it's a weekend or gun show going on, they may never call back.
    I was going to apply for the UPIN but they state that you still may be delayed.
    So I just stay away from gun shows and Dicks Sporting Goods, as they won't release after three days without the proceed.

    That’s because there are two types of appeals. Regular “Appeals” are for denials and “Voluntary Appeal Files” are to get a UPIN to solve constant delays.
     

    camo556

    Active Member
    Aug 29, 2021
    1,604
    Ask the lawyer. A lawyer saying the record was expunged and the record actually being expunged are two different things. If he got into trouble in MD he might be able to look it up.

    Friend A was told by his lawyer years ago his conviction for ___ was expungeable, turns out it isn't. A slightly different version of the same charge was expungeable. The lawyer was wrong. Hey, the lawyer was only off by one digit in the code. I have almost won the powerball a bazillion times too. Only a few digits off! Friend A now has a permanent disability.

    Friend B was told his record was expunged, it wasn't. Nope. The paperwork got lost in governmentville, a deep paperwork purgatory.
     
    Top Bottom