New gun buying problems

Discussion in 'Legal and Activism' started by zman, Jan 21, 2016.

  1. zman

    zman New Member

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    Hello to all . I am new here so apologize if this scenario has been covered . I just got my pistol permit ( here in NY ) in November . A week later I bought my first pistol with no problem . The same day I put another one on layaway . A month later when I have it payed off and try to pick it up my back ground check comes back with a delay then later a deny. I have run the background check 3 more times all with the same result . Now my money is tied up in a gun I can't get and I have done all the paperwork for the appeal but I'm told the nics system is currently working on appeals from JUNE of last year and today I read in the USA today all nics appeals have been suspended the fbi can't handle the ones they have ! What do I do now?
     
  2. Balota

    Balota ... but I used to play keyboards.

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    Ask nicely for your money back for starters. Second, try to find out what is causing the denial.
     

  3. zman

    zman New Member

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    The ONLY way (in NY) to find out why I'm getting denied is to go through the appeals process . That is now on hold.
     
  4. zman

    zman New Member

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    Unless you know a way I haven't found yet . I have contacted a lawyer that deals with firearms issues and that's what I was told.
     
  5. therewolf

    therewolf New Member

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    I may be preaching to the choir here, but from now on,

    if I were you, I would either get the NCIS OK, BEFORE

    making the purchase, or get a guarantee in writing

    from the store, before plunking down any cash, that

    a full refund is due you, in the event of NCIS rejection,

    FOR ANY REASON. Look at the situation, as it stands now,

    the store has both YOUR money AND it's gun. WHAT motivation

    does the store have to complete the transaction?
     
  6. primer1

    primer1 Well-Known Member Supporter

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    What motivation? Maybe tell them they took money from a prohibited person to buy a firearm. Act like you know more than them and give them "the chance" to take the money back. :)
     
  7. towboater

    towboater Active Member

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    I dont know but it is terrible that NYC pretty much makes all the rules for the state of NY.
     
  8. zman

    zman New Member

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    The store can't complete the transaction until NICS approves it. Also as stated before the lawyer can't do anything about getting the apeal pushed through . My problem is I haven't so much as had a parking ticket since I got my permit but can't buy a second gun a month after I got my permit. And can get a reason why.
     
  9. JimRau

    JimRau Well-Known Member Supporter

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    I guess you need to rely on the 'private' sales. I have been a dealer for 25+ years and some of my friends will not buy from me because the current system is only designed to keep lawful owners from buying guns, like you, and it is the first step to registration and confiscation. If you study history you can't deny what they are fearful of.:( If you find yourself in the mess I guess all you can do is 'keep on keep'n on' and hope for the best. But you need to join an organization who will try and get this violation of the 2nd and 10th Amendments in your state changed as they have in other states!!! :)
     
  10. Parnelli

    Parnelli Member

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    you need legal help, I am sure something is going on as a class action suit in your state. HOW COULD THERE NOT BE A CLASS ACTION SUIT ?
     
  11. superc

    superc Member

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    This is so typical of NYC. I went through similar issues with their permits decades ago when I worked @ Brinks. Easiest, most permanent, best solution I found was selll the house and take my tax money to another state.
     
  12. zman

    zman New Member

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    To be clear I'm in upstate Rochester NY not the city . Superc I am starting to come around to your way of thinking about moving out of state.
     
  13. kfox75

    kfox75 Well-Known Member Supporter

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    He can't (Legally). If you have a pistol that is not on your permit there, it is a felony count under state "Law". As to changing the laws there, give up and move on. I tried fro 20 years to get the Sullivan Act overturned, and i still voice my objections to it and the Unsafe Act even after leaving the state. The only fix i can think of the NY's issues would be NYC falling into the Atlantic Ocean in the middle of the night. Even then, there's still Albany to deal with.

    Same here. It's a shame that each state you have moved to since has enacted what can only be described as taking a massive dump on the 2A.

    Zman. You might also want to get in touch with the folks in the permit office, and see what they can come up with via a BGC. I have a friend of mine who, prior to the Unsafe Act, picked up several pistols without the BGC requirement, and then went to buy a rifle for his son, and was denied. pon talking to the Permit Clerk in Mayville, he found out that a minor infraction during Spring break in Florida, that had gone unanswered for close to 15 years was the cause. he contacted LE where he had the underage drinking charge, and got it straightened out, then went back a few weeks later, and got the kid's 10/22. At that point, he was good to go.

    The other possible cause is that you may have a very common name, or one that just happens to match a felon out there, and that's why you are getting denied. (Don't laugh. It can and does happen more often that some folks would think. I once have a BGC come back on me for a job, that had results for a black guy serving 25 to life on his 3rd strike in a downstate prison. He had the same first and last, close on the middle, and was born 10 years to the day prior to me. :confused: Only time it ever happened, but still.) if that's the case, you can request a PIN from the ATF, which you would put on the 4473, that may reduce the chances of denial in the future.

    After you get that sorted out, do your bank account, wallet, freedoms, and sanity a favor, and move out of NY ASAFP! All I have left to do is get my dad to retire (He did last year......

    For less than a week!), and i am almost completely done with that state, other than cases of just passing through on my way to NH ME, or VT. in 2014, Cuomo said that there was no p;lace for extreme Conservative in His NY, and for once, i found something to agree with him on. As far as I'm concerned, the Liberals can have it. i have no use for that once great state.
     
  14. zman

    zman New Member

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    It's the federal NICS process that is the trouble here not a state issue. Although I agree here the laws and taxes are WAY out of hand
     
  15. kfox75

    kfox75 Well-Known Member Supporter

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    I know it's the NICS system, but the Sheriff's office, local LE, or the NYSP can run the check, and see what comes up, where a FFL can't see it. Hence my suggestion to have LE run a check on you, without your prints, as a FFL would, and see what they come up with. That way, you will know what the issue is, and might be able to fix it via answering some minor charge from your past, or by getting a PIN so it won't happen again. IOW, it might let you see just what the problem is, and it could just be something minor, and easy to fix.
     
  16. CardiacColt68

    CardiacColt68 New Member

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    That should be your plan as soon as it is economically possible. I grew up in the Syracuse area and my wife went to U of R. Trust me, there are not many good reasons to stay up there. Family or huge amounts of $$ are probably the only two worth living up there for. Oh, and the smallmouth bass fishing.
     
  17. kfox75

    kfox75 Well-Known Member Supporter

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    And we have plenty of that last right here in PA as well. plus, you are still close enough, depending on where you live, to drive up, unarmed of course, and visit with that family, or to go to work. you see a lot of that in the border areas between PA and NY, due to NY having, until recently, a minimum wage that was close to $2 an hour higher than PA. All but one employee of a small shop in Ripley, just off the 90, live in PA, and work in NY.
     
  18. zman

    zman New Member

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    That reminds me about 3 weeks after I got my NY permit my wife and I drove to Pa to get non resident permits there . She got hers but I was denied . See how my luck runs.
     
  19. gator_mike

    gator_mike New Member

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    1. How did you receive a permit (actually is a license in NY) without a gun first. Required to have first.. listed (serial#. Manufacture, number of rds a mag holds) to be on your license?
    2. i know 99% of the LGS that are legit and honestly want to help people acquire a license in Ontario and Wayne counties will refund the money in your situation.
    3. Try to email your local judge to have a face to face meeting and explain your situation.....cann't hurt.