Prescreening to purchase firearm

[Idahomnts]

Looking to buy a shotgun online , went to buy a shotgun from Walmart a few years ago and was denied , I’m assuming from previous deductions made in life , non violent or felony but still denied so before I order to have shipped to my local ffl, is there a way I can get prescreened so I don’t have to pay reselling fees or whatever ,in case I am still unable to purchase one thanks

 

[CorbLand]

I am pretty sure when you were denied at Walmart they should have given you a denial number. You can call BCI and give them that number and they will tell you why you where denied.

 

[backcountry_hunter]

If you have non-violent crimes that weren't felonies you should dig into it. A good friend was denied a firearm sale (worst thing on his record was 4th deg. DUI) and the irony that he was a gun dealer himself couldn't be more poetic. Anyway he dug into it w/ NICS and there was some identity stuff going on with his record. It took 6 mos or better to get it expunged but he wouldn't have known without trying to buy that firearm. This was m8d-2000's

 

[Idahomnts]

I am pretty sure when you were denied at Walmart they should have given you a denial number. You can call BCI and give them that number and they will tell you why you where denied.

BCI? And think I would just be able to call them give them all of my info and find out?

 

[Idahomnts]

Go to Walmart go through process and not hand them the money?

 

[Desk Jockey]

Go to Walmart go through process and not hand them the money?

I like this.

FWIW - I was denied at Walmart for a shotgun purchase in PA because I lived in NY. Totally legal purchase but the Walmart system, not NICS, wouldn’t let it go through. Clerk at the counter had zero latitude. There system said no so it didn’t happen.

 

[SW hunter]

The state police should be a good start. Many states have a “duty office” at the agencies headquarters where there is a sergeant on duty 24 hours who could help direct your inquiry. You can look at the NICS appeal process.
I am not asking what it is, but I assume you have a roughidea of what it is that likely caused it. I have seen it first hand getting denied because the address on your drivers license does not match the one written on the form presented. Minor thing.

Not directed at you but general info for anybodies eyes, don’t put any false info on the form. They do get reviewed and its an easily avoidable headache. Example- Don’t use a bs address like your moms address in Nevada because you want buy a rifle that California doesn’t sell. Don’t use an address thats 3 years old. Don’t go in with your girlfriend and recommend she wants to buy this rifle here (wink) so she then does the paperwork. These are things that can cause trouble that are easily avoidable. Not being able to pass the check just means its another life headache to figure out how to clear up.

 

[WV Mountaineer]

Only you know if you've done something in your past to prevent the purchase. Use that info accordingly. If you are eligible, get it fixed.





I am always flagged for some reason. I've been arrested once in my life when I was 18 for an open container. I don't know if that causes the ffl holder to do the interview or if someone else that has my same name is ineligible. I've never been denied though. It just takes 10 minutes longer while he has to give the info to a real person. I buy a lot of guns too. The day I do, I guess i will find out

 

[bobinmi]

I got denied for a bench warrant for my arrest. Apparently if you choose not to pay a speeding ticket in a state that you do not intend driving through ever again it can come back to haunt you. Sent a check to tucamcari NM and picked up the gun less than a week later.

 

[CorbLand]

I got denied for a bench warrant for my arrest. Apparently if you choose not to pay a speeding ticket in a state that you do not intend driving through ever again it can come back to haunt you. Sent a check to tucamcari NM and picked up the gun less than a week later.

I know a few people that have had similar things happen to them.

 

[KJH]

If I'm understanding this correctly were denied the sale because of a NICS background check that was performed at Walmart. Now you want to buy a gun online and avoid having it shipped to an FFL? That's not possible. The FFL will do exactly the same NICS check Walmart would do.

You cannot avoid having it sent to an FFL. Trying to do so is illegal in itself. If you feel there is any way you could be denied from a dealer then trying to purchase from a private party without a check is also illegal.

I would suggest that if your state allows for it to get a firearm purchase permit or concealed carry permit. If you go through that process, the State or County or Municipality will do the background check. Then you show the store or FFL your permit when you fill out the ATF form 4473 at the time of purchase. If you don't have that you will be subject to a NICS background check each time you purchase.

You can request to appeal a firearm background check if you're denied. Use this link. FBI Forms — NICS Appeal Request Form

More useful information for your situation at NICS Appeals — FBI

 

[CorbLand]

If I'm understanding this correctly were denied the sale because of a NICS background check that was performed at Walmart. Now you want to buy a gun online and avoid having it shipped to an FFL? That's not possible. The FFL will do exactly the same NICS check Walmart would do.

You cannot avoid having it sent to an FFL. Trying to do so is illegal in itself. If you feel there is any way you could be denied from a dealer then trying to purchase from a private party without a check is also illegal.

I would suggest that if your state allows for it to get a firearm purchase permit or concealed carry permit. If you go through that process, the State or County or Municipality will do the background check. Then you show the store or FFL your permit when you fill out the ATF form 4473 at the time of purchase. If you don't have that you will be subject to a NICS background check each time you purchase.

You can request to appeal a firearm background check if you're denied. Use this link. FBI Forms — NICS Appeal Request Form

More useful information for your situation at NICS Appeals — FBI

He wants to know if he can be screened before he orders the gun, has it sent to an FFL then be denied at the time of picking it up at the FFL.

 

[KJH]

I misunderstood. Thanks.

The only way I know to do that would be to get a State/Local gov't issued purchase type card or permit that would be issued after a NICS check with a NTN has been done. I would not do a background check if there wasn't really a transfer involved because the person requesting the check has to say what type of firearm is being transferred. If there isn't a transfer, I would be lying to say there was. Without saying what type of firearm you can't complete a transfer.

I guess the suggestion above about saying you're buying a firearm at Walmart, getting the background check and then not giving them the money or "changing your mind" would be a workaround, although not very ethical.

I really have no idea if you can just get a NICS background check without a purchase to know if you're OK to purchase. I'd call the state police or the FBI and ask them.

 

[KJH]

This has to do with reinstating your rights to possess a firearm if you are denied. Not exactly what you were asking but somewhat relevant.

Persons who have been convicted of a “crime punishable by imprisonment for a term exceeding
one year,” as defined by 18 U.S.C. § 921(a)(20), are prohibited from receiving or possessing
firearms under Federal law, 18 U.S.C. § 922(g)(1). Felons whose convictions have been set aside
or expunged, or for which the person has been pardoned or has had civil rights restored are
not considered convicted under section 922(g)(1), unless that person was expressly prohibited by
the law of the jurisdiction in which the proceedings were held from possessing firearms. Persons
convicted of a State offense should contact the State Attorney General’s Office in the State in
which they reside and the State of the conviction for information concerning State and local
firearms restrictions, and any alternatives that may be available, such as a gubernatorial pardon
or civil rights restoration. A list of State Attorney General contact numbers may be found at
NAAG | NAAG.

 

[jmez]

May or may not be something you did. I've bought several guns and twice I have to wait on the purchase. Neither application was denied but both were delayed. It took 4-5 days and I got a call saying I could come get the gun. Not sure what happened there and never inquired as it ended up going through.

It can also be a mistake. I had a friend that was denied and he checked into it. Turns out there was another person somewhere in the US that had the same name, same bday and a similar SS number as my buddy that was a convicted felon. He got it all cleared up and hasn't had a problem since.

 

[mathews8pt]

Maybe you can get the guns model and serial number and have the local FFL run it before the online retailer ships the firearm. I dont think that would be too much of an issue but i could be wrong.

I am lucky as my state (OH) has made it that when i was issued my Conceal Carry license it allows me to purchase a firearm without waiting for the FFL dealer to call it in. The paperwork still gets filled out and sent to them but i dont have the go through the approval/denial wait while im at the dealer.

 

[JWP58]

Delayed and denied are two different issues. I would suggest contacting your local/regional atf office for help

 

[KJH]

Maybe you can get the guns model and serial number and have the local FFL run it before the online retailer ships the firearm. I dont think that would be too much of an issue but i could be wrong.

Good thought... but... This won't work. The transferring FFL dealer doesn't have possession of the firearm to be transferred, and it isn't officially recorded in his A&D book, so it would be illegal for him to attempt to transfer a firearm that isn't in his record book/possession. That's how I interpret the rules.

This subject is a valid discussion, so I'm going to call the local ATF field agent tomorrow and get an answer about running a NICS check (aka prescreen) on a potential purchaser if there isn't an actual transfer.

 

[KJH]

I spoke with an ATF field agent about this today. Here is what I was told...

An FFL dealer CANNOT request a background check unless there is an actual firearm in his/her possession to transfer. This would be a violation of the law.

There are only two "work-arounds" here:
1. Request a firearm purchase permit or carry permit from a local jurisdiction. This was discussed before.

2. Only a pawn broker with the correct FFL license can conduct a background check before a firearm is pawned to ensure the individual could get the firearm back after they repay the pawn broker. So, if you already have a firearm in your possession, you could take it to a pawn shop and have that FFL do a background check before you pawn it. I guess you could change your mind and not go through with the pawn transaction, but still know if you would get a "proceed" the next time you try purchase a firearm. I'm not sure how happy that would make the pawn broker! Maybe call a pawn shop and get their opinion on it.

Otherwise there is NO method of background check pre-screening. I'd suggest you go and try buy the firearm you want in a brick and mortar store with an inventory. This way you wouldn't be out the money or hassle if you were denied based on a background check.

 

[Idahomnts]

Thanks again fellow sliders , I appreciate your efforts and knowledge,