FBI nics check

[harmbruster]

Sorry I am not an instructor, But in desperate need of help. My uncle lives in Texas and has been red flagged on the FBI nics database. He filed an appeal and a request for the reason he was denied that came back denied again and no reason for it. He had a friend who is a police officer run his record and was told that there is no reason to red flag him. Repeated phone call's have made no progress and even though all the paperwork for the appeal was filled out and filed, all we get over the phone is we can't discuss anything on the phone because we can not prove that you are who you say you are.
Any help on where to go from here will be greatly appreciated.

Thank you, Harold

 

[Reba]

(I'm not an instructor either, so if I'm not supposed to post here, please forgive me and delete this post.)

Don't know if this was the case for your uncle but sometimes it's a mixup in identity.

Your uncle has the right to request by letter (not email) to his Representative and Senators (with copies to each other) assistance in inquiring into the rejection. Attach copies of all documentation. Send it certified with a request for signed receipt. They can't override the FBI but they can ensure procedures were followed, and that you get informed.

 

[bofh]

From Link Removed:

How will I know the NICS received my appeal request? The AST will respond to your initial appeal request, in writing, by providing you the general reason for your denial within five business days. They will also advise you if a fingerprint card or additional documentation is necessary to further your appeal process. You will receive written notification when your delay appeal request has been processed. Delayed transactions are not mandated under the five business day deadline however, the AST will do their best to respond to your request in a timely manner.

The denial of the appeal should have provided the general reason, such as that he is a Link Removed. If there was no reason provided, which is unusual, then get a lawyer. The mailing address is:

Federal Bureau of Investigation
Criminal Justice Information Services Division
National Instant Criminal Background Check System Section
Appeal Services Team, Module A-1
Post Office Box 4278
Clarksburg, WV 26302-4278

 

[harmbruster]

They sent a generic form letter with ten possible reasons for denial, with one of the reasons being identity theft.

 

[harmbruster]

Also they did request the fingerprint card and additional documentation (other than the fingerprint card I not sure what else was required, but I know he had to fill out other paperwork) that he sent in for the appeal before the appeal was denied.

 

[bofh]

Have you tried to running a 3-bureau credit report with TransUnion/Equifax/Experian. Identity theft will likely show up there. Also, a background check with the local PD will only show up what is known by the state and federal authorities. You would need to check with any jurisdictions in other states your uncle lived in. An unpaid court fee 10 years ago can easily result in an outstanding warrant for an arrest. Get a lawyer and request more details from the ATF in writing.

 

[bbarnard76]

With the surge in background checks the examiners that handle the appeals have been "temporarily" reassigned to handle the increase. The additional 231 examiners that are supposed to be added will have to apply, pass the FBI's background and receive training before they can be added to the system. I am an instructor who runs a gun shop, even the Delay responses have increased and the time for a final decision has, on average, tripled.

"The FBI has stopped processing denial appeals through the National Instant Criminal Background Check System (NICS), leaving a backlog of at least 7,100 appeals. The agency said that the temporary shutdown is due to a severe lack of manpower.

From October to December of 2015, a record 3.3 million firearm sales were run through the NICS, nearly overwhelming the 400 FBI employees that handle background checks from their facility in West Virginia.

“The last several months, we’ve kind of found ourselves in a perfect storm,’’ FBI Assistant Director Stephen Morris told USA Today.

Previously, a division of 70 examiners handled the processing of all denial appeals. The FBI now says that all 70 examiners have been transferred to deal with the immense amount of background checks that the agency has been processing since October. Shorthanded and understaffed, the FBI is now coming under criticism for its growing backlog of appeals.

“Each year thousands of Americans are wrongfully denied their Second Amendment rights when NICS incorrectly determines that they are prohibited from firearm ownership,” stated the NRA’s Institute for Legislative Action. “Compounding this grave injustice, this week the FBI made public that they have stopped processing NICS denial appeals.”"

FBI Stops Processing Background Check Denial Appeals - OutdoorHub