Appeal Help

[jayvon]

I had a gun transferred from KY to me through one of the my gun dealer and when going through the back ground check I was rejected. I have appealed the decision and waiting. How long does this process take to clear up. I have a carry permit and have never had a problem in the past. I have not done anything to break any laws.
Thanks

[TacticaLogic]

Did you actually get a decline? or did they say that the check was "on hold" or "in research"? I've had people think they were being declined or rejected, even though I had told them that the TICS system had them on hold for research... This is not the same as a decline... This can happen if your name matches the name of a felon or one of the felon's alias names. They just have to get someone to do a little more work than is typical of the TICS system and it takes a little more time.

If you were actually declined, the dealer should have given you the information that advises you how to follow up on the decline for what might be called "appeal" purposes.

Mike

[jayvon]

They told me I was declined and gave me paper work to appeal. I have not got a responce as of yet

[johnharris]

On a purchase of a firearm we were able to change the law a few years ago (TCA 39-17-1316) to shift the burden to TBI to prove that a person is disqualified from purchasing a firearm when a denial is appealed. By statute, they have to prove it in 15 days or issue a notice to the dealer allowing the sale to proceed.

[jayvon]

Thanks John and Merry Christmas to you and your family
If i do not get notified in 15 days what is my next step? Should I try again for the transfer? I am not so sure my dealer is up to date on the laws they could not answer any of my questions. They seem not to care much.

[johnharris]

[Jlazarus]

Is a "conditional proceed" considered a reversal under this law?

Actually if someone could advise me as to my situation that would be great.
A while back I was arrested and charged with misdemeanor domestic violence. My wife and I argued, the neighbors called the police and they said since they showed they had to seperate us and that I was going be arrested. The next morning my wife bailed be out. A couple weeks later we went to court, the judge asked my wife if we were going forward with this and she said no and that this was a misunderstanding. A couple weeks after I paid all fines and and had everything expunged.
Now I have been denied on a background check for a handgun. I appealed and TICS has told me, after 15 day's and several phone call's, that they see the arrest but cannot find an outcome ( due to expungment) therefore I am still denied. After arguing with them over the phone they then told me my status was actually being moved to Conditional Proceed, which doesnt help because the dealer will still not turn over the gun.
My question I guess is that if there is no felony CONVICTION, how can I be denied? I understand delay but according to the law posted my denial should be reversed.
Meanwhile the dealer is holding my money and gun and will not give a refund until I get an answer back from the appeal. They are also informing me that I will have to appeal to the fbi before turn over the refund or weapon.
Any help/advice/answer's would be very appreciated!!!

[jayvon]

http://www.fbi.gov/hq/cjisd/nics/cgbrochure.pdf
You will need to get this repaired. I had a problem with an wrong name and challenged the report. The FBI is easy to work with and very cut and dry they will help you along the way.
I am not up on all of this but I think you can have your arrest record removed from the TBI data base as well. By the expungement paper work.
This all takes time It took me at least 6 weeks to get it all done. I hope this helps some. You should be able to get your money back fix all of this and purchase another gun. It just takes time.
Hope this helps

[johnharris]