Posted: 3/15/2017 7:17:08 PM EDT
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2 years ago I tried to buy my wife a G43 for Mothers Day at my small town LGS. I was straight up denied. I had bought a few guns from them before and had been delayed once, but this was different. I was confused and pissed, owner was apologetic and gave me a pamphlet to appeal it.
A week later I went to MO Hwy Patrol to get printed to send to the FBI. Another 3 weeks later I get a letter back basically saying that I am a criminal and fuck yo 2A. I'm not, I have an honorable discharge, and the only trouble I've been in was for smashing mailboxes as a juvenile. Early last year I was adopting my 2 stepsons and my background check flagged me as violent felon. I request a copy, and can't fucking believe what I'm seeing. A classmate I haven't spoken to in almost 15 years (since school) used my Name/DOB/SSN during arrests multiple times (assuming to evade arrest for warrants). No problem with the adoption after a few calls, getting reprinted, etc. The Judge suggested I get my name squared away to avoid any future bullshit. I call my Sheriffs Dept regular number and ask to see a deputy if one isn't busy because someone used my information as an alias and its cramping my style. 2 of them come over in a SUV, hang out and look through all the paperwork I have while I guide them through the train wreck. This guy had over 10 felony charges in 3 years including theft/assault/fraud/resisting, with my info in the known alias section for the last few of them. One of the cops knew him very well, looked him up and showed he is currently in prison for a couple years. He asked if he could run my ID and plates to see if that would pull his name up as well (which could be really fuckin bad if I got pulled over with a gun on my waist). Came back clear, no tickets for over 5 years blablabla. Well they can't fix it, or remove my info from his alias list because it may be needed in the future. They ask why I want to clear it up so bad since the adoption passed and his name isn't tied to my record, and I said because I can't buy guns. One of them told me that I'm not prohibited so "just buy em used or have your wife do it"  . It's not about that, it's about the system being so fucking broken that I'm being punished, and of course nobody is going to give a shit because it's only affecting me.
What are my options? Get denied again and jump through the same hoops? Take it to the Hwy Patrol so they can tell me the same thing? Show up at FBI screaming "SHALL NOT BE INFRINGED"? Lawyer up? TL;DR - NICS is garbage and won't let me buy guns because of a felon using my identity to avoid going to jail, multiple times. |
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Do you live in a state with a Concealed Weapon permit?
You, more than likely, will never clear up the NCIS issue without getting a UPIN, and AFAIK ATF isn't funding the UPIN program (UPIN is a unique pin for people with issues like yours who've gone through the denial appeal process) However since a CWP bypasses the NICS check at the dealer... |
| Get yourself a good lawyer and jump through every hoop you have to to get it fixed. Then I'd sue the alias mother fucker or his family for all they're worth. I realise they didn't make him do it, but they did bring that douche bag into society. And for that I would at least attempt to make them pay. (For the lawyer fees at a minimum) |
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Quoted:
Do you live in a state with a Concealed Weapon permit? You, more than likely, will never clear up the NCIS issue without getting a UPIN, and AFAIK ATF isn't funding the UPIN program (UPIN is a unique pin for people with issues like yours who've gone through the denial appeal process) However since a CWP bypasses the NICS check at the dealer... MO passed constitutional Carry this year, permits are/have been available but I haven't bothered because passing NICS is part of it. So that's a no go. 
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Quoted:
MO passed constitutional Carry this year, permits are/have been available but I haven't bothered because passing NICS is part of it. So that's a no go. Quoted:
Quoted:
Do you live in a state with a Concealed Weapon permit? You, more than likely, will never clear up the NCIS issue without getting a UPIN, and AFAIK ATF isn't funding the UPIN program (UPIN is a unique pin for people with issues like yours who've gone through the denial appeal process) However since a CWP bypasses the NICS check at the dealer... MO passed constitutional Carry this year, permits are/have been available but I haven't bothered because passing NICS is part of it. So that's a no go. The NICS check that is done to buy a gun errs on the side of denial. When you get a CWP you will have a detailed check, if the local cops didn't think you were a felon, I'm willing to bet a PMAG that your State agency that does the check for the CWP would clear you. Have you tried? |
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Quoted:
The NICS check that is done to buy a gun errs on the side of denial. When you get a CWP you will have a detailed check, if the local cops didn't think you were a felon, I'm willing to bet a PMAG that your State agency that does the check for the CWP would clear you. Have you tried? No I haven't tried, was worried about wasting time and being even more pissed afterwards. I will give it a shot soon and see what happens. Thanks for shedding some light, I don't know a lot about how this works. |
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What Co in Missouri? PM me if you want.
I would certainly go through the ccw app process. It might help square us some of your gun buying trouble....ccw isn't going to bypass nics check, yet anyway...but it might help keep you from getting denied. Also do the nics UPN thing. I agree, it's bullshit and sucks...but it is what it is. You should look into taking action against ur old classmate. Fuck that guy. Keep him in prison a little longer |
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I would be filing charges against you former classmate for identity theft, which if I remember right is a felony if it is to avoid prosecution. I would contact a lawyer who specializes in firearms law and lay the whole program out, I would appeal the denial and keep appealing it while the other stuff is slowly progressing forward.
Most of all, don't get mad, do what needs to be done to get your background cleaned up, so you can buy a gun, having your wife purchase or just buying used is not a solution, no matter what they told you, that one could get your butt landed in the Federal Pen and never be considered a legal gun owner again. It is a pain in the ass to do what needs to be done, to clear your name, and be prepared you might have to petition a Federal Court to get this taken care of. |
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Quoted:
What Co in Missouri? PM me if you want. I would certainly go through the ccw app process. It might help square us some of your gun buying trouble....ccw isn't going to bypass nics check, yet anyway...but it might help keep you from getting denied. Also do the nics UPN thing. I agree, it's bullshit and sucks...but it is what it is. You should look into taking action against ur old classmate. Fuck that guy. Keep him in prison a little longer PM sent. |
| All you need to do is come to New York state to see that a CWP does not trump a NICS check. Work in Cabelas and it is amazing how many people think if you have a CWP you can buy anything, anytime. Hope your state allows purchase of a handgun without NICS check. If it does you are lucky. |
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IIRC , there was a thread a while back where someone had a similar issue and it took more than a year to get his name cleared.Â
If you haven't already, be sure to check your credit report with all three agencies. As others have stated you need to get a lawyer to clear the matter up for you because it potentially could show up on an employer b/g check should you apply for a new job. |
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I've met two people in your shoes. You will need a lawyer to get the UPIN. You will likely end up filing charges on the low life. The folks on the phone during the whole process were very helpful. I don't remember exactly what all I had to do but I got a packet mailed to me with my UPIN information after submitting fingerprints, etc. |
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Quoted:
2 years ago I tried to buy my wife a G43 for Mothers Day at my small town LGS. I was straight up denied. I had bought a few guns from them before and had been delayed once, but this was different. I was confused and pissed, owner was apologetic and gave me a pamphlet to appeal it. A week later I went to MO Hwy Patrol to get printed to send to the FBI. Another 3 weeks later I get a letter back basically saying that I am a criminal and fuck yo 2A. I'm not, I have an honorable discharge, and the only trouble I've been in was for smashing mailboxes as a juvenile. Early last year I was adopting my 2 stepsons and my background check flagged me as violent felon. I request a copy, and can't fucking believe what I'm seeing. A classmate I haven't spoken to in almost 15 years (since school) used my Name/DOB/SSN during arrests multiple times (assuming to evade arrest for warrants). No problem with the adoption after a few calls, getting reprinted, etc. The Judge suggested I get my name squared away to avoid any future bullshit. I call my Sheriffs Dept regular number and ask to see a deputy if one isn't busy because someone used my information as an alias and its cramping my style. 2 of them come over in a SUV, hang out and look through all the paperwork I have while I guide them through the train wreck. This guy had over 10 felony charges in 3 years including theft/assault/fraud/resisting, with my info in the known alias section for the last few of them. One of the cops knew him very well, looked him up and showed he is currently in prison for a couple years. He asked if he could run my ID and plates to see if that would pull his name up as well (which could be really fuckin bad if I got pulled over with a gun on my waist). Came back clear, no tickets for over 5 years blablabla. Well they can't fix it, or remove my info from his alias list because it may be needed in the future. They ask why I want to clear it up so bad since the adoption passed and his name isn't tied to my record, and I said because I can't buy guns. One of them told me that I'm not prohibited so "just buy em used or have your wife do it" . It's not about that, it's about the system being so fucking broken that I'm being punished, and of course nobody is going to give a shit because it's only affecting me.
What are my options? Get denied again and jump through the same hoops? Take it to the Hwy Patrol so they can tell me the same thing? Show up at FBI screaming "SHALL NOT BE INFRINGED"? Lawyer up? TL;DR - NICS is garbage and won't let me buy guns because of a felon using my identity to avoid going to jail, multiple times. This is straight up identity theft. You have several options on the criminal side. I am not quite as knowledgable on the NICS-ATF-FBI side. Start whatever process needs to get started. |
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Quoted:
You, more than likely, will never clear up the NCIS issue without getting a UPIN, and AFAIK ATF isn't funding the UPIN program (UPIN is a unique pin for people with issues like yours who've gone through the denial appeal process) Quoted:
You, more than likely, will never clear up the NCIS issue without getting a UPIN, and AFAIK ATF isn't funding the UPIN program (UPIN is a unique pin for people with issues like yours who've gone through the denial appeal process) What you "know" is flat-out wrong. UPIN's are being processed and the ATF has fuck-all to do with them as NICS is an FBI program. NICS denial appeals are taking 18 months due to the backlog. However since a CWP bypasses the NICS check at the dealer... Not in all states. |
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Seems like your name is only affiliated with his alias.
Meaning he gave your name and info once and after being printed they realized it wasn't you, but him. Seems like old roommate tried to steal your identity, but didn't actually steal it NCIS has denied you because of his Alias. They want to be certain he's not the one purchasing. Anyway, get it sorted out by any and all means. It's not your fault he used your info and there is no reason whatsoever you should suffer. This day and age, technology allows them to easily identify you as legit and he as the criminal. |
