Wrong Address NICS Denial?

[P7M13]

I have purchased long guns in WA. Did not produce my concealed permit, just my driver's license.
I typically am approved within 10 seconds of the FFL pressing the submit button.

However, have been in the company of one in a transaction, his DL address was not current, resulting in a refusal by the FFL.
I don't know why you would need your concealed permit, since you are not doing a private party sale, and I'm surprised the Cabelas clerk even accepted it as ID.
It seems English is your second language, and thus I do not recall whether the clerk at Cabelas entered your information incorrectly, or entered your information from one ID vs. another.
Regardless, if you are unfortunate enough to have the same name as someone who is known to NCIS as a bad guy, then tough luck is the rule for the day.
Look on the bright side, you were denied the purchase of a gun. It's inconvenient, but nothing else happened to you.
A colleague of mine went home to visit his family in Toronto. He has the same name as a bad terrorist. He spent a month in a detention center while they sorted out the mistake.

 

[cbr600]

MY CPL was to take it home today is all but they forgot the TH in 104th in my address is only mistake I found after they sent it.

 

[Member 5605]

Yes.

I used to write "SE Street name" but ID said "Street name SE"

Caused issues until I got it right with DMV, city and such.

My last approval for two rifles was done in 4 minutes 35 seconds.

 

[Fast Eddie]

You are getting a lot of bad advice and speculations on this thread.

It's too bad that @IronMonster is MIA, he could provide some wisdom for you from his own experience. He has spent a lot of money on lawyers over this nonsense.

When you got denied, you should have gotten a number from the FBI from the FFL and a brochure explaining the appeal process.

IT IS VERY IMPORTANT THAT YOU GO THROUGH THIS APPEAL PROCESS AND FOLLOW THE DIRECTIONS FROM THE FBI TO THE LETTER.

You need to get fingerprinted and send them in with the appeal to the FBI.

You cannot let this denial stand. It puts you in a legally precarious position. If it sticks, you could be regarded as a prohibited possessor of your firearms. You might not be able to renew your CPL and you will not be able to purchase firearms in the future. Any CPL application That asks if you have ever been denied, you will have to answer yes, if you don't get your letter from the FBI admitting their error.

You have to appeal, they should have asked you if you were going to appeal, they have to hold the firearm while you appeal, and you have to receive the gun you applied for once the appeal is approved. NO MATTER HOW MUCH TIME IT TAKES, YOU MUST SEE THIS THROUGH.

DO NOT attempt to purchase another firearm, that is the worst possible thing you can do, it will give you additional denials to appeal. The process takes some time, additional denials could really cause you problems.

In the future, don't buy firearms during off peak hours when NICS, FBI and the police office staff have gone home for the evening or on the weekend. You will get delays when they are on duty, but the automated response will kick back a denial.

It makes the gun registry folks happy, because their denial percentages go up. They don't mention they are denying eligible citizens, the statistics tell their lies for them. I think some folks are being marginalized by the system, it is for some folks a defacto gun ban.

 

[justcuz]

Ok, late paul harvey's the rest of the story;
2015/16 FBI basically stopped working on appeals. Period!
Read about the lawsuit filed in June 2018 here: Today we filed suit against the Attorney General, USA and the FBI for more NICS denials | Stamboulieh Law, PLLC

And while you are jumping down about terminology of ccw/cpl the word is spelled 'concealed' !

 

[The Heretic]

But he just said that he has two different address that's a red flag going to get you denied every time

No - not necessarily. If the address on the 4473 and entered by the FFL matches the one in the records, then you are probably good to go.

The Orygun DMV screwed up the printing of my ODL and registration; they put both my residential and mailing address on both. But they left off the city for my residence. So they had my residence in Beaverton, but it is in Newberg - not even close. When I fill out the 4473 I enter it correctly and one FFL used to give me grief about it not matching my ODL, but every time he would put it into the system it would come back approved because on the backend computer system it shows it matches. I have since had the DMV correct it, but I still get my voter's ballots at my mailing address instead of my residence.

You have 30 days to change your ODL license when you move. IIRC it is 45 days for the concealed carry permit?

Either way, until you get the sticker in the mail, and/or the permit, the addresses may not agree between the two pieces of ID and/or what you enter on the 4473. ALWAYS enter your correct residential address on the 4473, whether that agrees with your ID or not - this is a federal form/affidavit - if you lie on it, you can be held accountable. If you have multiple residences, enter the address of the one that is your current primary address of residence.

Also, use the online change of address for the DMV - it is instantaneous and that is what the sheriffs office will check against when you update your permit, and in Orygun it is what the Orygun approval system checks against too. I can't speak to what WA state does.

 

[Fast Eddie]

Ok, late paul harvey's the rest of the story;
2015/16 FBI basically stopped working on appeals. Period!
Read about the lawsuit filed in June 2018 here: Today we filed suit against the Attorney General, USA and the FBI for more NICS denials | Stamboulieh Law, PLLC

I know a guy that went through the appeal process last year. He sent in his appeal and had it cleared up in about 6 weeks. He probably got lucky.

They say the wait time is really long on the website, this is from when they gutted is he NICS appeal staff at the FBI, who we all know is in the tank with the Democrats.

Deny eligible people+protracted bureaucratic appeal processing=Firearms ban.

Universal background checks aren't working well as they say they are.

 

[MrRob96]

I know a guy that went through the appeal process last year. He sent in his appeal and had it cleared up in about 6 weeks. He probably got lucky.

They say the wait time is really long on the website, this is from when they gutted is he NICS appeal staff at the FBI, who we all know is in the tank with the Democrats.

Deny eligible people+protracted bureaucratic appeal processing=Firearms ban.

Universal background checks aren't working well as they say they are.

I got a deny appealed and overturned within 2 weeks about a year ago. The turn around time probably depends on the reason it was denied. If the deny is from something like a clerical error, then it'll likely be overturned very very quickly if someone checks it out

If he got denied because they think he's really a bad guy, standby to standby.

 

[bbbass]

Things are changing... what was good say 3 months ago, may no longer work... the States are changing how they do things, and so is the FBI. So IMO just because things were good before, doesn't mean they are now. Don't expect it to fly, just cuz it did before.

Oregon was using the State Patrol to process NICS... has that changed? If WA goes straight thru to FBI, then answers based on Oregon procedures may not be helpful.

I got delayed on my last handgun purchase in Oregon... it took a year to get approval!!!

 

[Member 34319]

Fast Eddies advice is pretty much spot on. Good info.

 

[billdeserthills]

I understand this is my first post been a reader none poster is that a crime to I am just a little worried as I did everything right as far as I know and i feel im getting trolled for being new here.

Just go to a different gun store and try again

 

[The Heretic]

Oregon was using the State Patrol to process NICS... has that changed? If WA goes straight thru to FBI, then answers based on Oregon procedures may not be helpful.

As far as I know, Orygun still goes thru the OSP and IIRC WA goes straight to NICS.

As an aside, the WA system might be better if the state never gets their hands on the serial #s of the firearms? Maybe there is something different where WA state does? Last time I bought up there as a WA resident was 2011, before the whole system changed for private transfers? I have bought up a rifle up there since the private transfer law changed. I wonder if Orygun and WA share this data (legal or not to do so) for the residents of the reciprocal state when purchasing across the border?

 

[Fast Eddie]

Just go to a different gun store and try again

That's a really bad idea. You can end up with a lot of legal problems if you try to buy a gun after you have been denied.

 

[The Heretic]

That's a really bad idea. You can end up with a lot of legal problems if you try to buy a gun after you have been denied.

Or at best, have another denial on record and have to clean up two instead of one - as someone else noted.

If it was a delay, then that is one thing, but a denial is another thing. I was unaware that the system turns a delay into a denial if no human is on duty - if true that seems like an abuse of the system as a delay would serve the same purpose most of the time.

 

[Jonnyuma]

OR still goes through the OSP for NICS checks.
While I don't appreciate he added level of beauracracy, challenging a delay with OSP is a lot easier than dealing with the federal swamp creatures.
WA=CPL
OR=CHL

 

[cbr600]

Ok to give everyone better info I live at a kent address it is what is on my ID my mail everything comes here other then car tabs as my cars are over in Ellensburg the same place my CPL is issued from. I have not 100% moved over there yet as I have to get this house sold first. The FFL that ran the NICS check yesterday ran it with the address on my drivers license. I just checked with the DOL and the one on my ID is my primary. Kittitas County sheriffs office out of Ellensburg issued my CPL on 5/18 this year with out a problem even with my ID over here as I will be over there at some point soon I hope. So all of this has been transparent with the sheriff and everything. All my guns before went throw the KENT police department and last one was in March of this year a month and a half before I got the CPL. The DOL says right on the CPL part that address does not need to be changed or match.

I am sorry my spelling is bad but I feel some of you guys have been a little over the top on it. Everyone is better at some things then others my down fall is spelling I know it. I was just trying to get some creditable info from some one here I did not know if I should not carry right now till I fined out why or if the FFLs getting a deny does not change anything with my CPL and the police have not showed up at my house. Some have said to just go run a NICS again and make sure they put everything right but I am not sure its a good idea as that's just more paper work I may have to work throw. I was just trying to get creditable info I thought I may get here and instead I feel I got alot of people being jerks over the internet over some spelling. Anyways thanks for the people that have replayed and tried to give there option I am still lost on it I have sent the NTN number in to see what they say I am just afraid this will now take forever. I Also was stressed out as the first guy said I was lucky I was not in jail and everything I have explained up top is why I was like I never did anything wrong. There is nothing fishy or anything I was trying to do its all legit if some thought other wise I am sorry if maybe it came across as that.

Thanks again

 

[billdeserthills]

That's a really bad idea. You can end up with a lot of legal problems if you try to buy a gun after you have been denied.

What makes you think he was even really 'denied', the dealer didn't get his address correct

 

[Fast Eddie]

What makes you think he was even really 'denied', the dealer didn't get his address correct

It depends on what your definition of "is" is.

 

[conp435]

Address is not entered when running a NICS, its only on the 4473

 

[awshoot]

As far as I know, Orygun still goes thru the OSP and IIRC WA goes straight to NICS.

As an aside, the WA system might be better if the state never gets their hands on the serial #s of the firearms? Maybe there is something different where WA state does? Last time I bought up there as a WA resident was 2011, before the whole system changed for private transfers? I have bought up a rifle up there since the private transfer law changed. I wonder if Orygun and WA share this data (legal or not to do so) for the residents of the reciprocal state when purchasing across the border?

For handguns, WA has a separate document including a ton of info about you and all the details of the gun, that gets sent to the Department of Licensing where they keep a database of these transactions.

If that new initiative passes, this will also be true for all semi-automatic "assault" rifles.