Page 1 of 4

NICS denial for new permanent residents?

Posted: Fri Oct 10, 2008 4:11 pm
by Carrots
I have just heard from my FFL that NICS has denied my purchase. I'm shocked as I did a lot of homework prior to ordering (and paying for!) the pistol and was sure I could tick all of the boxes. Obviously I've already appealed the decision but it just doesn't make sense to me.

I have a green card in hand, a Texas driving licence, proof of my 90 day residency here as well as a SSN, my UK Passport and other items of ID. I have a totally clean history (moving here required UK police checks, fingerprints and such) am over 21 &c &c.

I've seen nothing at all that makes me believe I should have been denied. My G/C is fresh of the press but I do have my utility statements proving I've been here since June. I have seen nothing stating that the date on my G/C is what is used for the 90 day rule anyway.

The ONLY possible thing I can think of is that my g/c expires end of 2010, although again I've seen nothing about that being a problem anywhere.

Can anyone suggest what might be problem here? Did this happen to you as a new resident? I'm hoping it’s just a goof up there end, but this has sure got me worried as I'd like to think that they don't drop the ball all that often (or do they??)

Again I am SURE that there is nothing in my past that has been flagged, I am as squeaky clean as they come.

Thanks folks, I'd sure appreciate your thoughts

Re: NICS denial for new permanent residents?

Posted: Fri Oct 10, 2008 8:42 pm
by Kalrog
I have no suggestions or information - but howdy! and welcome.

Re: NICS denial for new permanent residents?

Posted: Fri Oct 10, 2008 9:08 pm
by MrsFosforos
Did they deny it or put a hold on it? My husband is a resident alien. and even with all the right paperwork, his purchase was held with 2 different instances. The dealer told him that wasn't uncommon and to call back in a day or so. The first time it took a little longer, the second was just an overnight, but they both went through. After he got a CHL it was easier - no more background check; but he did still have to show proof of residency.

Re: NICS denial for new permanent residents?

Posted: Fri Oct 10, 2008 9:16 pm
by biggyin
Looks like you done everything ok, so can't help you there.

I didn't even buy a gun until I got my CHL, still need your green card and utility bills though. Makes life a lot easier.

Re: NICS denial for new permanent residents?

Posted: Fri Oct 10, 2008 10:01 pm
by nitrogen
A friend of mine is a greencard holder, and wanted to get a gun on the day his became active. His was denied, too. The next day he put in to get his CHL, which you should, too :)

Re: NICS denial for new permanent residents?

Posted: Fri Oct 10, 2008 11:49 pm
by Carrots
Thanks folks. My FFL made the call Thursday PM and was told pending and was then told denied today. He didn't give them my SSN and he called at 9pm so when I heard pending neither of us were surprised and I just expected to sit it out and collect next week. I do have the intention of applying for my CHL but wanted the pistol in hand and some practice banked first. Given the wait time on that I'm not convinced applying today would be worth it, and I may well be better off with just dealing with NICS to see what the problem is. I've re--read all of the rules and I'm still baffled. I'm hoping someone has either got me mixed up with someone else or just want me to jump through extra hoops as a new kid on the block. I've now sent them my SSN, D/L number, Alien number, UK passport # and my address. Fighting the FBI wasn't on my ttd list, but hey ho becoming a :txflag: should make it all worthwhile in the end I guess. Thank you for the welcome, *fingers crossed* I'll be in a position to join the conversation proper in a few days/weeks.

Re: NICS denial for new permanent residents?

Posted: Sat Oct 11, 2008 12:38 pm
by Rokyudai
Sorry to hear of your challenges. I agree though, if possible, get your Concealed Handgun License. Welcome aboard!

Re: NICS denial for new permanent residents?

Posted: Sat Oct 11, 2008 5:09 pm
by Rayden
Carrots wrote:I have just heard from my FFL that NICS has denied my purchase. I'm shocked as I did a lot of homework prior to ordering (and paying for!) the pistol and was sure I could tick all of the boxes. Obviously I've already appealed the decision but it just doesn't make sense to me.

I have a green card in hand, a Texas driving licence, proof of my 90 day residency here as well as a SSN, my UK Passport and other items of ID. I have a totally clean history (moving here required UK police checks, fingerprints and such) am over 21 &c &c.

I've seen nothing at all that makes me believe I should have been denied. My G/C is fresh of the press but I do have my utility statements proving I've been here since June. I have seen nothing stating that the date on my G/C is what is used for the 90 day rule anyway.

The ONLY possible thing I can think of is that my g/c expires end of 2010, although again I've seen nothing about that being a problem anywhere.

Can anyone suggest what might be problem here? Did this happen to you as a new resident? I'm hoping it’s just a goof up there end, but this has sure got me worried as I'd like to think that they don't drop the ball all that often (or do they??)

Again I am SURE that there is nothing in my past that has been flagged, I am as squeaky clean as they come.

Thanks folks, I'd sure appreciate your thoughts

Fear NOT. I was in your exact situation a few months ago. Your 90 days clock starts on the date your Green Card is effective. 90 days after your GC effective day, you can go and try again with NICS, but they might still delay you but you should be approved later on that day or couple days later the max. I had to wait for that 90 days and it was torture, but that time will come :anamatedbanana

If you get your CHL, they won't need to go through NICS anymore and you only need to take your 3 consecutive months of utility bills. I know how you feel, but it will be worth it. Good luck :patriot:

Re: NICS denial for new permanent residents?

Posted: Mon Oct 13, 2008 4:43 pm
by Carrots
Ok thanks for the replies, it looks like its a waiting game then. Better than a no though I guess :cheers2:

Re: NICS denial for new permanent residents?

Posted: Mon Oct 13, 2008 4:47 pm
by Charles L. Cotton
Carrots wrote:Ok thanks for the replies, it looks like its a waiting game then. Better than a no though I guess :cheers2:
Although irritating, at least it's just a matter of waiting a short while and not a permanent problem. Meanwhile, just have your FFL send the pistol to me and I'll exercise it for you while you wait.

Chas.

Re: NICS denial for new permanent residents?

Posted: Mon Oct 13, 2008 5:43 pm
by Carrots
Indeed, just a shame as I thought I'd done all my waiting. I'd sure like someone to pick it up on my behalf but as that would require them to lie on the atf form and put me in a legal gray area if I was to be stopped on route to the range I think that is probably a bad idea. I just hope I can trust my FFL to keep hold of it until my time comes (I tried to play smart and ordered online so whilst the FFL has the pistol I paid someone else). Would have worked out great had I been able to pick up on schedule. I've met him and he seems nice enough, but as I hardly know him I'm going to be somewhat nervous that it will stay in his safe for the next 10 weeks. Am I missing an obvious way out here? (aside from trying to sell it on and then buying another one. I'd like to avoid that for numerous reasons if I can). I guess its just a case of trusting in my fellow man :tiphat:

Re: NICS denial for new permanent residents?

Posted: Mon Oct 13, 2008 6:08 pm
by Rayden
Carrots wrote:Indeed, just a shame as I thought I'd done all my waiting. I'd sure like someone to pick it up on my behalf but as that would require them to lie on the atf form and put me in a legal gray area if I was to be stopped on route to the range I think that is probably a bad idea. I just hope I can trust my FFL to keep hold of it until my time comes (I tried to play smart and ordered online so whilst the FFL has the pistol I paid someone else). Would have worked out great had I been able to pick up on schedule. I've met him and he seems nice enough, but as I hardly know him I'm going to be somewhat nervous that it will stay in his safe for the next 10 weeks.
He might charge you a monthly storage fee. Just make sure he knows that he needs to keep it for another 3 months. Mine charged me $15 per month.

Re: NICS denial for new permanent residents?

Posted: Mon Oct 13, 2008 6:13 pm
by Carrots
Ok. I'm going to wait until I have an answer from NICS as to the problem and then get back in touch with my FFL. Whilst I *think* that you have uncovered the problem I'd like to be absolutely sure before asking him to hold on to it just in case, as I hate messing people around. Hopefully he's a nice guy and hopefully NICS will tell me what I now know later this week (is a response from them likely?)

Re: NICS denial for new permanent residents?

Posted: Mon Oct 13, 2008 6:37 pm
by dcphoto
I will gladly pick up the gun, give it a wonderful home, lots of exercise, and a bath after every outing, no lying needed! ;-) Once you get everything worked out you can pick up the gun. I promise to be a good foster parent. :tiphat: