Background Check did not pass, any recourse

Discussion in 'GSSF' started by racer11, Jan 14, 2010.

  1. racer11

    racer11

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    Ok guys here's the deal,,,,,,,,,,,son n' law called and said he attempted to purchase a handgun from a FFL and was put on a 3 day wait..

    The FFL was contacted before the 3 days had passed and was told to refuse to sell the gun to the purchaser.

    My son n law has no felony convictions and is not under a restraining order or a order of protection etc etc.

    Only thing we can think of is that he was behind on child support about 3 months ago due to a clerical error in the paperwork, and currently that problem is corrected and the support account is up to date.

    We are stumped with the refusal,,,,,,What can he do to find out what the deal is and make an effort to clear up the problem...

    Where does he begin

    Thanks
     
  2. gjk5

    gjk5 Pinche Gringo

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    I won't be much help, but I can tell you that I believe in some states they can deny due to that, and in CO they can even refuse a hunting license for being in arrears.

    The FFL should have an appeal form (at least that's the way it USED to work).
     

  3. firedawg60

    firedawg60

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    I'd say it's probably the child support thing. But is there a chance of everything matching except one number or letter in a name or DL #? I've seen this happen before. Not much help, but good luck.
     
  4. skanless

    skanless IPA ISLAND

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    Certain misdemeanors maybe. Here in CA you need to clear the misdemeanors i think form age 14 and above to get a firearm for cetain things. Maybe he did something in the past that he forgot about. If thats the case tell him to seal his records.
     
  5. thornesguns

    thornesguns

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    it could be that someone has stolen your identity and comitted a crime. call the atf/fbi and ask whats up. when the ffl ran his check did he enter his ss#? it's not required but helps in cases of mistakin identity. I've never had a check come back negative, but most people in my state have a firearm purchase cert so i don't have to run a check. the atf should be able to tell you how to apeal it. it could mistakin identity or identity theft.
     
  6. thornesguns

    thornesguns

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    . that is the number they give me for questions...i'm sure they can help you as well.
     
  7. JuneyBooney

    JuneyBooney

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    He should be able to appeal the decision but I pray that he has not lied on the 4473 because that is how they charge people...catch them in errors or lies. Sounds kind of strange but I bet it is the payment problems because they may feel he is a danger to the ex.
     
  8. racer11

    racer11

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    Thanks to all,,,,,I will tell him to contact the FFL for the appeal forum and I will give the phone number for him to call..... and look at the other issues that have been brought up.

    Thanks guys
     
  9. Lotiki

    Lotiki All that is man

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    It probably set off a red flag some where in someones head.

    1. He is ordered to pay child support.
    2. He gets behind and she reports him.
    3. He tries to buy a gun.

    The court records that show he is back up to date would take longer to process then the ones that said he was now up to date, if those were even ever filed by the mother at all.
    In Colorado they give you a number to call and they have to tell you why your were denied.
     
  10. glove

    glove

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    Hello
    The last few years I have been getting delayed. After 3 days I always get my gun. The funny thing is I went through my background check for my CCW it went through the next day without a problem. Go figure.
    Dave Z
     
  11. DJ Niner

    DJ Niner Moderator

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  12. Puppy

    Puppy

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    I wasn't aware the 2nd Amendment said "the right of the people to keep & bear arms shall not be infringed, unless they are behind in their child support payments"
     
  13. lunarspeak

    lunarspeak

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    and that right should always come before you need to put food in your kids mouth..:whistling:
     
  14. Nestor

    Nestor Lean & Mean

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    Try to stop buying food for yourself first...so later on maybe You will come up with another, as much wonderful comment as the one above.
    Guns are for the adults.
    Adults should be responsible.
    If they are not, they shouldn't touch any gun.
     
  15. CajunBass

    CajunBass

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    That's all well and wonderful. Perhaps you'd be willing to fund an appeal of that law all the way to the U.S. Supreme Court? (If that indeed is the problem.) We've been looking for a volunteer to do that. Thanks for stepping up.
     
  16. misunderestimated

    misunderestimated

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    When was the last time he did go thru the NICS and was aproved.
     
  17. checkyoursix

    checkyoursix

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    How is the 2nd amendment relevant here? He is infringing the rights of his children, shouldn't they come first?

    I am so surprised Racer, how can a father in law side with the guy in a situation like this? Aren't these your grandchildren?
     
  18. C.Lee

    C.Lee

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    From the original post :"Only thing we can think of is that he was behind on child support about 3 months ago due to a clerical error in the paperwork"

    He was not actually "behind on support".

    My brother was put in jail for non-payment due to a clerical error.
    That was nice, 5 days in jail and fired from his job because of it.

    The child support system sucks and so do dead beat dad's.

    Back to our originally scheduled broadcast.....
     
  19. DonD

    DonD

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    People failing to pay child support payments is an ugly business, even worse when our disgraceful court system knows someone isn't the father, has no relationship to the child and STILL orders the poor soul to pay. It happens.

    Having said that, child support shouldn't be linked to a Constitutionally guaranteed right. Enforce child support through other, appropriate means. As an aside, I've never been involved in such things so don't think I have a personal ax to grind. Don
     
  20. dosei

    dosei

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    Hey, while he's at it he might as well get that whole "direct tax on the people" problem fixed as well.

    :supergrin: