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NICS-Denials without human review

Discussion in 'Firearm Laws & Legal' started by ikemay, Oct 26, 2016.

  1. ikemay

    ikemay WA Well-Known Member

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    I received the below text from our local gun shop.
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    NOW FROM NICS - INSTANT DENIALS WITHOUT HUMAN REVIEW!

    We received this email today 10/26/2016 from NICS/FBI. This is ludicrous. Now you will be denied instantly if you have the same NAME and DOB of any FELON or other disqualified person EVEN IF YOUR OTHER DEMOGRAPHICS (RACE/HEIGHT / WEIGHT / CITY-STATE OF BIRTH / SOCIAL SECURITY NUMBER / ETC) DOESN'T MATCH.

    A federal prohibition to purchase a firearm would exist for any person who:

    - Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
    - Is a fugitive from justice
    - Is an unlawful user of or addicted to any controlled substance
    - Has been adjudicated as a mental defective or committed to a mental institution
    - Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa
    - Has been discharged from the Armed Forces under dishonorable conditions
    - Having been a citizen of the United States, has renounced U.S. citizenship
    - Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner
    - Has been convicted in any court of a misdemeanor crime of domestic violence
    - Is under indictment for a crime punishable by imprisonment for a term exceeding one year
    - In addition to federally prohibitive criteria, the NICS must delay or deny firearm transfers based on applicable state law.

    - Soon to include ANY other Unconstitutional contrived method to deny your rights (no fly list, government watch list, etc.) the Gubmint can get away with.

    So for every Juan Lopez, John Smith, Billy Bob Anderson, Cindy Lou Hoo, etc. that happens to have the same NAME and BIRTH DATE as any prohibited person by the criteria listed above - You're screwed even if you are a different race, or were born in a different city or country! This is YOUR government at work denying YOUR rights WITHOUT DUE PROCESS OR HUMAN REVIEW. You can however go through the arduous NICS UPIN PROCESS to have your RIGHTS restored after the fact.

    NICS Appeals
     
  2. albin25

    albin25 Lewiston Idaho Well-Known Member

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    If you drop a few pounds???

    I find that whole e-mail somewhat if-y....
    ...But hey, recently our highly paid Government geniuses have been particularly diligent doing their jobs of making simple stuff complicated, and the unnecessary, necessary.
    So who am I to judge? :confused::mad:
     
    Caveman Jim likes this.
  3. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    One of the many reasons I like the fact there are less then 40 people in the USA with my last name. And half of them are close family.
     
  4. WALawyer

    WALawyer Tacoma, WA Member

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    Looks like I'm going to be even busier soon.
     
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  5. Medic!

    Medic! What just happened? Has eagle eyes. But cant remember what he saw. Bronze Supporter

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    Ah crap!

    My name is John Smith. o_O
     
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  6. nammac

    nammac I-5 Corridor - West of Portland Silver Supporter Silver Supporter

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    Well that's better than being Lou Who... Sorry, couldn't help it... :eek:

    Or in my case, John Buck, cause John Doe sounded to feminine....

    Seriously, wouldnt this be a violation of the Brady Act? Me thinks so... Just another over reach by a federal alphabet agency...

    The American people need to take back the control of their out of control government.....
     
  7. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    Just say how and when & I'll be there!!! I'm an emailing fiend!!!;)
     
    Dyjital, Libertas7, Slobray and 2 others like this.
  8. HB of CJ

    HB of CJ 43N, 123W Kinda Active Member

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    Ah man, what a bummer. Lots of bad guys with my same first and last name and a couple with the same date of birth. It would seem that I am screwed! Yikes.

    I have been delayed by the so called perfect Oregon instant check. Seems the people can not read. But, with the last check, no problem. No SS number.
     
  9. tiggers97

    tiggers97 United States Well-Known Member

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    sounds like grounds for a class-action lawsuit
     
  10. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    @ikemay - did the gun shop say when that would go into effect?




    This is from today (and I know web pages are not offical)
    NICS Appeals

    Reasons NICS Background Checks are Denied or Delayed
    A "Denied" message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information of a record containing a state or federal prohibition.

    A "Delayed" message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information associated with a record containing a potential state or federal firearm prohibition. The NICS Section must obtain additional information before making a final determination of a Proceed or Denied for the firearm transfer. The NICS Section is afforded three business days in which to conduct this research. If the NICS Section is unable to provide either a Proceed or Denied response to the Federal Firearms Licensee within three business days, the Brady Handgun Violence Prevention Act of 1993 does not prohibit the Federal Firearms Licensee, or FFL, from transferring the firearm; however, the FFL is not required to do so.

    A federal prohibition would exist for any person who:

    • Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
    • Is a fugitive from justice
    • Is an unlawful user of or addicted to any controlled substance
    • Has been adjudicated as a mental defective or committed to a mental institution
    • Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa
    • Has been discharged from the Armed Forces under dishonorable conditions
    • Having been a citizen of the United States, has renounced U.S. citizenship
    • Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner
    • Has been convicted in any court of a misdemeanor crime of domestic violence
    • Is under indictment for a crime punishable by imprisonment for a term exceeding one year
    In addition to federally prohibitive criteria, the NICS must delay or deny firearm transfers based on applicable state law.

    A delayed transaction will be purged from the NICS within 88 days from creation. The NICS Section recommends that you wait 30 days from the date initiating the check prior to filing an appeal on a delay to give the NICS Section’s staff time to complete the initial transaction. If your original background check is completed, the Federal Firearm Licensee will be notified with a final status.




    National Instant Criminal Background Check System (NICS) — FBI
     
  11. ikemay

    ikemay WA Well-Known Member

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    RicinOR,

    Not specifically, but from what I can see it was as of when they received the notice.