Delete comment from: The War on Guns
I have had exactly the same experience. The dealer should have provided you with booklet describing how to go about the appeals process. If you believe that this is mistake, then it is your best interest to follow the appeals process.
NICS is a name match based system, if you have a common name it is very likely that you will be denied because the NICS operator is given no latitude to do any cursory checking, only allowed to deny. Denials can and are sometimes forwarded to the local BATF, so again it is in your best interest to appeal the denial.
You will more then likely need to get fingerprinted at a local LEO, but you will need the card sent by NICS, so you must wait for them to respond. If it is a case of mistaken identity, then you will have the option of allowing NICS to save the record at your request and provide you a pin to speed the process next time. All records are destroyed after 30 day (supposedly), so you may want to do this PIN process to allow them to identify the previous investigation.
Not many people appeal there denial, I did an won - NICS did not tell me about the PIN, and I did not know about it -- so after several more purchases, I was denied again -- this time I was more educated, so I requested the PIN. Sucks, because this is defacto registration, I am not happy about it, but it was the hoop I had to jump through.
If it is not mistaken identity than you will be responsible for contacting the agency that is holding the incorrect record, and having them change the record. I did not have to do this, so I really have no experience -- I can imagine this might be difficult.
The process for me, a case of mistaken identity, took 4 months the first time, and 6 weeks the second time.
Mar 5, 2008, 11:56:00 AM
Posted to Branded