Denied the Right to Purchase a Gun. What Are My Options?

What happens if you are denied the right to purchase a gun? What are your options? What is a Firearms-Related Challenge (appeal)? What is a Voluntary Appeal File? How do you obtain a UPIN? What is an Identity History Summary Check Challenge? Armed Attorneys Richard Hayes and Emily Taylor break down gun law related to being denied the right to purchase a gun and what to do next.

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[johnmirbach]

could i or should i apply for a 'upin' so i won't have that problem in the first place ??? 😎🖖👌👍✌🤓

[BillB]

I still maintain that every federal firearms law is unconstitutional.

[DaveL]

This’ll give you a good laugh. Myself and a friend….both of us have been officers in the military and federal LEOs for almost 28’years….received NICS denials on the same day at the same gun store. Not delay…straight denials!!!! We were out of the state of TEXAS (first mistake) and we just happen to have found an absolutely smoking hot deal on a firearm. It was like 80% off and the guy was just trying to move inventory for end of year. We both attempted to buy and BOTH of us got instant denials. We were in Jackson, MS at a law enforcement task force and both armed at the time. We laughed so hard it The guy at the gun store felt awful. The system for NICS clearly is not 100% accurate.

[Michtario]

I was arrested for felony drug possession but never convicted, the charge was dropped yet I can never buy a gun again due to it. It really is depressing.

[conservativeokie]

I have been a cop for over 33 years, 20 of which I was a federal agent. I have zero (0) criminal history and am an honorably discharged veteran of the U.S. Army and the U.S. Coast Guard. In August I was denied a purchase of a firearm! I completed the appeal, including fingerprint cards and to date, have had NO RESPONSE from FBI!!! What in the hell do I do now??? I have also submitted a congressional inquiry with my Senator’s office, but have received no response! WTF?

[flyoverkid]

That sums things up nicely. Of course, you can always purchase directly in a private sale, as for myself I want to know why I'm being denied. It has never happened, but I would want to know.

[JustJenRx]

Record expungement gave me a delay and denial. I now must jump through a ton of hoops to do things by the books.

I hope you do a video on this subject because this is a shame if you’ve changed your life, paid your debt to society, and live a great life today.

[saktncider]

Never been denied, but every time I’m put on a delay and some dealers don’t support the Brady Act. So having to wait past 3 days for a proceed. Cabela’s had me on a delay for 3 weeks and I requested a refund. I won’t support these gun dealers. Funny thing is, I have a conceal carry license.

[elfinmagic]

in some states if you have a CCL, you still need to fill out the form but its up the the shop owner if they run it or not, advised to get your concealed carry license. then ya dont have to worry, at least till the laws change or they utilized that registry.

[haroldschrader]

Great video guys.I have experienced not a denial but a hold . I'm talking 20 /25 years . Every time I've purchased a fire arm I ve had to wait the a week (7 days ) so I've been wanting to buy an AR but I've been a little " gun shy " to make that purchase because I have been told by different gun shops, pawn shops that if they don't get a Proceed that they could not sell me the AR . So I don't know if that's just store policy or federal law . It can be just a bit frustrating to say the least, oh I don't have a common name at all with a name like Harold . Just my experience with the 4473 that I've have had over the years .Thank you again for another awesome video

[planeflyer]

In years of working firearms retail, it was never ever a common name that got a delay or denial. I would have thought John Smith or Jacob Martinez (here in AZ) would have been the troublesome "common name". Nope.

It was always a name like Englebert Frappenbrap or Minnetonka Goldberg. Something you could never even imagine was a name.

[YourVegasRealtor]

Great timing, on my way to purchase a new pew, pew!

[martymonaco]

I used to live in Texas but, now live in Colorado (barf!!). Although some of the things you mention don't apply to me now, your channel is nothing short of amazing!! Most of your topics apply to everyone that lives anywhere. So straight forward! For this, I have joined your wonderful group and I hope others do as well! PLEASE KEEP UP THE GREAT VIDEOS!!!!

[da.reverend]

I was erroneously denied last year because there are several criminals with my name. This was after never being denied, before. I had to prove that the FBI denied the wrong MJJ. One of the things I had to do was send them my fingerprints. A week later, the FBI admitted they were wrong and I was cleared. It’s never happened, again. It helps that I also have a carry permit, now.

[wiillthebarbertv]

I got a firearm restoration from the common pleas court but I got denied, I’m not appealing because it takes too long, going to get my CCW to get around the slow process of the appeal process

[danritter]

Great video!!!, I have never been denied but years ago during the early Obama administration years, I would get continuedly delayed. This is a problem as each background check would expire prior to the NCS responding.
NOTE as per NCS: "An approved NICS check is valid for 30 days from the day the check was initiated. If an individual has not picked up the firearm within 30 days, a new NICS check must be conducted."
You can not pick up your firearm until you get a proceed at many FFLs. So a few days before it would expired I would go into the FFL and do a new Form 4473 (I think this is a big loop hole in the law for the ATF to screw with legal gun owners)

So I went through the process of getting my UPIN. It did take nearly a year but was well worth the wait. Strongly suggest getting a UPIN for a long term fix. My problem, I am an identical twin. Lets just say my twin made some bad choices earlier in life. We have similar type of first names (Tim/Tom), same middle initial, same last name, same date of birth, same city and state of birth, and to make make even more problematic our social security numbers are just one digit different.
Now if I get delayed it is only for a few hours or a day and seems to be tied the NCS system being in an overload.
Thank you for the great video content.
The Treeman.

[edword]

Great video with the information we might need. I am still waiting on my CCW renewal (12 weeks now) and did my first background check in many years with my most recent purchase. CCW holders in my state don't have to complete a background check, but since my renewal hasn't been processed I had to. I passed, but was a little concerned when the retailer told me that there is a 30% fee if you are denied.

[ksajak]

I have an A&B domestic on my record for defendinf myself. Now I can't get my lct. Its ridiculous. My rights taken away for defending myself

[MikeStJohn-duue]

Thank you for the information. While I have never been denied there is always a first time. Now I know how to get it corrected.

[allenshepard]

1) How do I get a copy of my criminal record *before* purchasing a firearm? 4473 can be denied due to a bench warrant for a traffic ticket, or so I am told.
2) Because an erroneous background check denial may cost me a good sale or particular fire arm, due to no fault of my own, is there any regress of injury?
3) Do these happen on first time purchases or can issues happen after multiple gun purchases ? I'm always nervous filling out the form ATF form either on line or on paper.