NICS denial for new permanent residents?

[Carrots]

I got this from them today

This is in response to your email received by the FBi Criminal Justice Information Services (CJIS) Division's National Instant Criminal Background Check System (NICS) Section on October 14, 2008. An appeal will be initiated on your behalf with the NICS Section Appeal Services Team (AST). The NICS AST will send a written response to your request within five full business days. The Brady Act defines a business day as any day in which the state offices in your state of residence are open. This response may request that you provide additional information and/or proof of identity such as a set of rolled fingerprint impressions prepared by a law enforcement agency to support your appeal.

NICS Section
CJIS Division

I went back to say that I now had a hunch for the denial, and did not want to appeal until they had confirmed the problem. Do you think its safe to just ignore these guys and reapply after my 90 days is up? From the tone of the above it doesn't look like they do a personal service and so I expect that I'm not going to get a "wait for 90 days and then you're good to go notice". In my original email I asked for the problem not for an appeal and it would appear that they aren't interested in actually answering the question and just have a generic reply for all of the denied folk of the world. I'd like to just bin this and sit it out although I would like a little assurance that the problem is in fact not a problem after all. I can't think of anything else it could be, but would sure like to hear that from the horses mouth. As per your advice I have no intention of filing an appeal knowing what I know now, and surely it would easier to just tell me it is not required and I just need to wait. Thanks folks

[Carrots]

Will do. Thank you

[Carrots]

Quick question on CHL.....do the folks at Austin check a person’s eligibility once you have filled in the form online and before they send you the pack or once you have taken the class and sent them the completed pack back? The reason I ask is that according to their rules you must be able to legally purchase a firearm and of course at the moment I can’t, albeit on a technicality. I’d like to get the CHL done soon as a safety net but would rather not waste the $140 if they will turn me down for the same reason NICS has done.
My FFL has agreed to hold on to the pistol at no charge, so if it doesn’t disappear then that should work out nicely. Thanks folks.

[agbullet2k1]

My thought would be that you have not applied until you sign the affidavits and send in your completed (including TR-100 form, fingerprints, etc.) package back to them. They take your money up front, but you still have not "applied." You've requested an application packet.

I'm not an instructor, but it just seems to make sense to me.

[Carrots]

That would be my reasoning as well, which makes me think that applying for the CHL prior to my new 90 days being up isn’t a good idea. I would only want to take the CHL & 'apply' now if it would provide me with a timed safety net against any further NICS problems. In order for it to do that I'd need to apply before my new 90 days is up, and if I am not able to buy a firearm according to NICS when I apply for the CHL then they will say no to the licence won't they? That is of course if they use the same G/C start date theory as NICS and therefore the listed CHL requirements of a TDL, SSN & 90 days of bills in hand aren't actually enough. Jeez, what a mess!

[Rayden]

You should apply now so that you'll be in the queue. The NICS 90 days will be up before Austin get to your file. I applied for the CHL while I was still waiting for my GC and didn't even know I had to wait that 90 days. I applied on the premise that I got a hunting license. About a month before I finally received my CHL, I got a call from a CHL office employee asking me about my residency status. Apparently they didn't receive my copy of the green card that I sent them the moment I got it in the mail. I proceeded to fax them a copy and all is good.

So, apply now and include a copy of your GC and you should be good to go. AS far as CHL is concerned, you are ahead of me in this game than I was when I applied in March, because you already have your GC in hand. Good luck.

[Carrots]

I got my letter today and it says that I was denied because I am a 'person who, being an alien, is either unlawfully or illegally in the US'. Does that sound familiar with regards to the 90 day issue we've discussed here? I guess I'm still an alien until I have done my 90 days post G/C time right? Hopefully this will be end of this thread, thank you for all of your help.

I shot for the first time today thanks to a kind fellow forum member here and I had a great time. My aim isn't great but I got 90% of my shots between the 8 ring and the X, and only really had an issue with loading the magazines (feeble fingers). I tried both a 9mm and 45 and neither was too tough to for me to handle so am now a little more confident that the CHL is within reach.

Oh and I still can't hear properly but so far that it working out quite nicely

ps Rayden, I think I've answered my own question re my PM. From what I've seen conditionals get the same rights as fully permanents and so that won't be the problem.

[Rayden]

I got my letter today and it says that I was denied because I am a 'person who, being an alien, is either unlawfully or illegally in the US'. Does that sound familiar with regards to the 90 day issue we've discussed here? I guess I'm still an alien until I have done my 90 days post G/C time right?

That looks like a general letter with standard language for things like this. I got the exact same letter, and I know I am NOT illegal. Just wait your longest 90 days of your life and you'll be rewarded.

[Carrots]

APPROVED & able to collect tomorrow. THE best Christmas present.

[Charles L. Cotton]

APPROVED & able to collect tomorrow. THE best Christmas present.

Congratulations, it's finally over.

Chas.

[AEA]

Just curious, how did you receive your approval?
You waited 90 days from G/C Issue?
Someone call or email you or your FFL?
Re-applied?

In other words, what happened in the end for you to get your approval. Others in your previous position may like to know.

Oh and welcome to Texas! you picked the BEST Spot to stay!
Now, get busy on that CHL so you can truly enjoy your Pistol and you can BUY MORE easily, with no phone calls! Put down the money and walk out the door with the gun!

Now, when people hear your accent and ask "Where are you from" you can say this:
"I wasn't born in Texas, but I got here as quick as I could!"

[Carrots]

Thanks Chaps, I'm very pleased indeed. My 90 days was up on the 20th and so I met with my FFL again today, we filled out a new form and called NICS. We were told pending and then after 2 hours or so he got a call to say that I'm all approved. So to answer your question I just had to exercise a little patience and then try again (you cannot 'check' whether you'll be OK without actually being on site and attempting to buy as far as I understand it). The date on my G/C is 09/20 so I had to wait until the 20th of this month. My FFL has been great throughout and at $20 a gun I will undoubtedly be seeing him again. His office is in NW Houston if anyone would like his details.

Charles, Austin found my paperwork and so it would appear that everything is now in order on that front to. Let me know when you're next going shooting!

[Skiprr]

APPROVED & able to collect tomorrow. THE best Christmas present.

Excellent! And a Happy New Year, as well!