Deny NICS looking for some advice on what to do next.

[cbr600]

Ok I posted about this before I have been dealing with Washington state and FBI. The FBI nics section is a joke i cant get anywhere with them. Story got a denial requested why says Department of social and health services mental health division weapon permit processor says I am a mental defective. Now I call them they say no we have nothing showing that and they sent clear on my CPL in may clear to the Kent PD on my hand gun back in march before CPL. The department of health services even says they have not received the denial or anything and they always do if someone in Washington is a deny on background check for mental health. So they have nothing to reply to at the FBI I cant call the FBI nics section as they dont take phones calls its the same recording every day at all times. I contacted ATF I nice ATF officer ran a NICS check on me from his computer nothing. Contacted FBI Seattle office they say they cant help what do I do next contact a lawyer and sue or what anyone got any advice as what I do next?

Thanks again

Read More

 

[MrRob96]

Have you tried running another NICS check?

Afaik it isn't unlawful for you to try to purchase a gun again unless you know you're lieing on the 4473, then all bets are off.

If you get another denial I'd start calling lawyers.

 

[bikemutt]

Believe it or not, NICS doesn't know everything, in some cases they even know wrong things. If this is a handgun purchase you may have been hung up when the local PD conducted their own BG check, which probably included a NICS check. There are at least a handful of databases the local PD consults, including mental health records. I would start with the local PD, or sheriff if they did your BG check. Just wondering, did anyone furnish you with an NTN (NICS transaction number) on the deny? If not, then it's likely a local issue.

 

[cbr600]

I did get a NTN number thats what I sent the request with. Local PD all got clear on FBI and local government. Two months later I got the deny. I have contacted sheriff and PD they both said all clear or I would not have a CPL period thats whats so confusing. I am lost I need to transfer a fire arm from my dads name to me but I am afraid to try it as I cant seem to get any of this dealt with.

 

[bikemutt]

Something doesn't make sense to me; can you share the steps you went through for this transfer? I've never heard of a BG check taking two months regardless of outcome.

Maybe WALawyer will chime in.

 

[AMT]

If you have a CPL, why wouldn't you be able to transfer a firearm from your dad to you?

Your dad can give you the firearm without any paperwork. It's a gift from immediate family.

 

[cbr600]

It did not take 2 months I went to buy another hand gun with my CPL they ran the nics I got a denial. I requested why with my ntn number got the response I list above. I have contacted state, seattle FBI, Seattle ATF. FBI nics you cant contact they dont take phone calls and now they wont respound after I told them the state dont have that info and they never received a denial on me from FBI at state level. Everyone in a Olympia does not seem to understand they have no records of any of this no deny nothing from FBI that they say they would get. I dont want to go pay transfer fee to a FFL only to get denied again and my dad have to pay for it to go back to his name as thats what the FFL told us had to be done if it it. I dont want the feds at my door also for failing again. I have a Damn CPL a hand gun that ment throw kent PD before my CPL I have a AR15 shot gun and 22 rifle all got in the last couple years. How 2 months after that state have me a CPL does the fbi now say I cant when the state runs a NICs and other checks.

 

[bikemutt]

It's crazy, I have carry permits in 3 states and got denied a couple years back out of the blue. In that case NICS called the dealer the next day and said they messed up, it was then proceeded. Heck, I know a couple FFL dealers who got denied on personal purchase.

Wish I could be more help bro, I'm flat out of ideas on this one. Best of luck as you work through it.

EDIT: One for the hail Mary pass; have you had a chance to review the 4473 you filled out when you were denied to make sure you didn't make a mistake? It happens.

 

[WALawyer]

Well, I guess I'd start with the obvious: Have you actually been determined to be a mental defective or involuntarily committed for mental health treatment, even as a juvenile? You say that no one has any records of anything, but you don't say whether the FBI's denial reason is accurate or not.

Have you filed an appeal directly to NICS? Although NICS had previously suspended appeals, they are again working on them with a two to eight week time frame.

The FBI does goofy crap all the time. I know of someone recently that got denied. The reason came back as "active protection order." On appeal, NICS sent an "oops, we f'ed up" letter.

 

[cbr600]

When I was younger I went on my own no one forced me and I checked my self out after 36 hours as people where throwing chairs and crazy stuff. So no I have never been forced never been court ordered. I said I have talked to the superviser of the mentel health department in Washington they have No records of me ever being forced or even being at one nothing. Fbi paper work says it was entered over 10 years ago if that was the case then how do I have a CPL and own hand guns and rifles already. Pretty sure that kittitas county shariff department did there job and checked everying and like I said the state gave them a proceed on my CPL also back in before my CPL kent PD got a proceed from the state on my first hand gun. So I have called the state to make sure I was not prohibited ATF agant ran a background check he says nothing also. So there is a mistake somewhere if I was a prohibited then someone really dropped the ball as I have all these firearms and a CPL but I have checked everything. Also the superviser of the weapons department in Olympia said they NEVER got a denial from the FBI on me and they would have so they have nothing to respond to from the FBI. I filed all this with the FBI saying to look into it and have not got a responds period.

 

[justcuz]

Ok, first, since you stated you have a WA CPL, per ATF Brady exemptions guidelines, which states there is no local PD check on handguns: Permanent Brady State Lists | Bureau of Alcohol, Tobacco, Firearms and Explosives
Washington
Chief law enforcement officer for handguns without CPL
FBI - for handguns with CPL
FBI – long guns

Second, who and how is someone telling you this information from their confidential database records? If telephonically, it is unlawfully per privacy guidelines to even discuss this type of citizen's personal info. Further, only rudimentary data is maintained, not mental health data per se, unless associated with a specific event, e.g., DV, etc.

Suggestion, quit doing this telephonically! This method only provides he said/he heard hearsay nonsense which is worthless in judical proceedings. Use Freedom of Information avenues.

Please know, as mentioned in other threads/posts, the FBI ceased doing citizen's denial research around 2015/6 due to 'manning' issues.

 

[BillM]

" I am lost I need to transfer a fire arm from my dads name to me but I am afraid to try it as I cant seem to get any of this dealt with."

Why?? There isn't a handgun registry in Washington (that I know of). And no background check required father to son.
RCW 9.41.114 (4)(a)

 

[bikemutt]

Why?? There isn't a handgun registry in Washington (that I know of). And no background check required father to son.
RCW 9.41.114 (4)(a)

Sadly there is a de facto handgun registry in WA; every handgun transfer involving a 4473 must be accompanied by a WA pistol transfer application. I have no idea if these forms a just stuffed in a box somewhere in Olympia or if they are electronically retained. There's no doubt in my mind that the state knows about every handgun I've ever transferred through a dealer.

WA State Licensing (DOL) Official Site: Firearms forms

You are correct about the father to son transfer; no paperwork needed. That's what I'd do in the OP's case.

 

[cbr600]

Well I took some peoples advice and went to buy a firearm on sell today NICs passed no problem so FBI fixed it or was fales positive no idea.

 

[ma96782]

You probably voted for the wrong person. So, you're on "That List".

Aloha, Mark