Denied by NICS how so??

[mipafox 438]

Your right to OWN a firearm is not given up, just to purchase from a dealer using NICS.

 

Sent from an undisclosed location.

Exactly, you should not have called it a right.

 

This is an Obama teachable moment. Some people in NJ might not remember that background checks are only 20 years old. 20 years ago, outside of the handful of shitty states (Jersey), you could walk into a gun store (FFL) and walk out with a handgun without a background check. All studies by the federal government have concluded they could not determine any reduction in crime because of the Brady Bill (FFL background checks).

 

Now, why can the federal government require you to get a background check to buy a gun? PK90 sort of hinted at it. They can't. It would be a violation of the Second Amendment.

 

Gun dealers are required to be licensed by the federal government by illegal laws passed under the auspices of Interstate Commerce. Harvard grad progressive judges have consistently ruled that Interstate Commerce and Supremacy are the only parts of the US Constitution that are valid and every other part is subject to the interests of government, and never the people or the States. Separate subject.

 

As licensees, gun dealers are required to Perform a background check. You are not required to HAVE a background check. That would be Unconstitutional. Lying on the form, of course, is a crime and has been for longer than that.

 

Why didn't the Brady legislators just require everybody to get a background check before they get a gun? Because, even back then, they were not stupid enough to believe that requiring advanced permission from the federal government to exercise your Second Amendment rights was completely unconstitutional.

 

The FFL federal background check is the loophole. It is an abuse of authority to infringe people's Constitutional Rights by squirming around the fringes of illegal federal laws.

 

Everyone here must educate their representatives about this. Including the ones that want to ban all guns, I don't care if yours is one of the bad ones. If you think, "Oh, well they already know but they don't care," you are WRONG. They may not care, but they do not know. Pat Toomey didn't know when he pushed for a federal law on universal background checks. Many legislators I have talked to have no awareness of the genesis of federal background checks and how they conjured an illegal a loophole to do it.

 

Even the bad ones that want to take your guns away need to understand this. Never let anybody exerting power or force over you sit in an echo chamber. They must be challenged!

[magnawing 5]

Here in Texas, once a resident has applied for and obtained a license to carry handguns, no Federal Background Check (NICS) is required to purchase firearms. We have partially worked around the unconstitutional federal loophole.

 

 

This signature is AWESOME!!!

[tattooo 220]

Here in Texas, once a resident has applied for and obtained a license to carry handguns, no Federal Background Check (NICS) is required to purchase firearms. We have partially worked around the unconstitutional federal loophole.

 

 

This signature is AWESOME!!!

That makes sense .......

[mipafox 438]

 

Here in Texas, once a resident has applied for and obtained a license to carry handguns, no Federal Background Check (NICS) is required to purchase firearms. We have partially worked around the unconstitutional federal loophole.

 

 

This signature is AWESOME!!!

I didn't catch this all at first. Yeah, points for trying for Texas on this one.

[magnawing 5]

Other than needing a license to carry, what TX gun laws suck?

 

Is it unlicensed carry in vehicles? Or campus carry? Or unlicensed open carry of long guns? Or restrictions on what businesses can restrict carry? Or the very specific regulations regarding the parameters of how "No Carry" signs are worded and posted?

 

 

This signature is AWESOME!!!

[mipafox 438]

 

Other than needing a license to carry, what TX gun laws suck?

 

Is it unlicensed carry in vehicles? Or campus carry? Or unlicensed open carry of long guns? Or restrictions on what businesses can restrict carry? Or the very specific regulations regarding the parameters of how "No Carry" signs are worded and posted?

 

 

Unlicensed open carry of long guns? LOL. PA is unlicensed open carry of anything. There is no law in PA against carrying on college campuses, you are way behind the times.

 

Other than the fact that you need different licenses to carry (you need a different one for a pistol than a revolver), and you need to take a class to carry, it's pretty much the fact that you can't carry anywhere and have to be on your toes looking around for signs. So, Yes, you got the signs part right.

 

 A place of business that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption

 

Not in PA. Carry a gun wherever you want. Even at a bar. Maybe you should look up the financial data of a restaurant before you go there.

 

On the premises where a high school, collegiate or professional sporting event of interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event.

 

Is this a joke? Not in PA.

 

 On the premises of a polling place on the day of an election or while early voting is in progress.

 

The only people that can't carry guns at polling places in PA are COPS AND MILITARY. Good Lord, you can't carry to go vote?

 

 racetrack; secured area of an airport

 

Racetrack? Not sure who came up with that. Not in PA.

 

 In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.

 

Courts must provide gun lockers in PA. Not in Texas.

 

 *on the premises of a church, synagogue, or other established place

of religious worship.

 

No such law in PA, asterisk or not. You can't carry to worship?

 

Just keep an eye out for signs, restaurants, churches, bars, any place your kids might do something that could be related to school, or any place anybody might want to leave the house to go to.

[magnawing 5]

Read the laws before you start quoting them.

 

51% places are required to post state defined signage at every entrance.

 

Churches, etc. are only off limits if posted with appropriate, state defined signs.

 

After living here for nearly a year, the only place I've a seen 30.06 sign is at one doctor's office...and it didn't meet the state requirements to be enforceable. When I asked them about it, the reply was "it's a corporate mandate that we post it. But since it doesn't meet the requirements, we can't, and don't enforce it."

 

So that equals exactly 0 places that I've been to that I couldn't carry. And yes, I voted this year...I just did so via absentee ballot since I was working out of state.

 

 

This signature is AWESOME!!!

[RootSki 5]

 

Unlicensed open carry of long guns? LOL. PA is unlicensed open carry of anything. There is no law in PA against carrying on college campuses, you are way behind the times.

 

Other than the fact that you need different licenses to carry (you need a different one for a pistol than a revolver), and you need to take a class to carry, it's pretty much the fact that you can't carry anywhere and have to be on your toes looking around for signs. So, Yes, you got the signs part right.

 

 A place of business that derives 51% or more of its income from the sale or service of alcoholic beverages for on premises consumption

 

Not in PA. Carry a gun wherever you want. Even at a bar. Maybe you should look up the financial data of a restaurant before you go there.

 

On the premises where a high school, collegiate or professional sporting event of interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event.

 

Is this a joke? Not in PA.

 

 On the premises of a polling place on the day of an election or while early voting is in progress.

 

The only people that can't carry guns at polling places in PA are COPS AND MILITARY. Good Lord, you can't carry to go vote?

 

 racetrack; secured area of an airport

 

Racetrack? Not sure who came up with that. Not in PA.

 

 In any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.

 

Courts must provide gun lockers in PA. Not in Texas.

 

 *on the premises of a church, synagogue, or other established place

of religious worship.

 

No such law in PA, asterisk or not. You can't carry to worship?

 

Just keep an eye out for signs, restaurants, churches, bars, any place your kids might do something that could be related to school, or any place anybody might want to leave the house to go to.

This is why I'll be moving to PA.  What about Philly?  

[n4p226r 105]

Read the laws before you start quoting them.

 

51% places are required to post state defined signage at every entrance.

 

Churches, etc. are only off limits if posted with appropriate, state defined signs.

 

After living here for nearly a year, the only place I've a seen 30.06 sign is at one doctor's office...and it didn't meet the state requirements to be enforceable. When I asked them about it, the reply was "it's a corporate mandate that we post it. But since it doesn't meet the requirements, we can't, and don't enforce it."

 

So that equals exactly 0 places that I've been to that I couldn't carry. And yes, I voted this year...I just did so via absentee ballot since I was working out of state.

 

 

This signature is AWESOME!!!

 

 

there is nothing i would hate more than to agree with MIPA but he's right.   PA has some stupid stupid laws.  but PA > Texas when it comes to carry rights. 

[Carcano 14]

<snip> Hold up any liquor stores lately?

 

Or shoot up any crack houses?

[Carcano 14]

Here in Texas, once a resident has applied for and obtained a license to carry handguns, no Federal Background Check (NICS) is required to purchase firearms. We have partially worked around the unconstitutional federal loophole.

 

 

This signature is AWESOME!!!

 

C&R holders are also exempt from NICS. If you have a C&R in NJ you are exempt but good luck getting one...

[PK90 3,570]

Easy to get a C&R License. Hard to obey NJ law when the NJSP threaten to arrest you for following it.

 

Sent from an undisclosed location.

 

 

[mipafox 438]

PA does have some stupid laws but N4 is right about carry.

 

BTW, we work on our stupid laws. So does Texas, so that is good. Texas is a better state than PA. Not going to say it is a better place, but it is a better state. But PA gun laws and culture > Texas.

[Xchange1980 0]

Just a little update I mailed them the request via certified mail on the 7th it got delivered on the 9th and have yet to get a response as to why I was denied.

[tattooo 220]

That is crazy ?

[mipafox 438]

Maybe they are coming to let you know in person

 

I'm kidding! You haven't done anything so I guess the worst something stupid.

[Xchange1980 0]

Still no response from State Police. Weird thing is said it was delivered on the 9th but I never got back my return receipt from the letter. Starting to get a little annoyed.  But I would just like a response , I feel my rights are being violated as there is no reason i should be denied

[tattooo 220]

That's crazy

[HBecwithFn7 296]

Still no response for State Police. Weird thing is said it was delivered on the 9th but I never got back my return receipt from the letter. Starting to get a little annoyed. I read in a few places that you might get a visit from the State Police if you get denied dont know how true it is or not. But I would just like a response

 

One has to ask, does the NJSP have the resources to make those kind of "home visits" without some reasonable cause to do so. I'm thinking they might be spread a bit too thin to do this on a regular basis.

[tattooo 220]

That's crazy being in limbo like that

[Carcano 14]

One has to ask, does the NJSP have the resources to make those kind of "home visits" without some reasonable cause to do so. I'm thinking they might be spread a bit too thin to do this on a regular basis.

 

Early 2013 I had a visit from NJSP/ATF at my door, asked some questions and left. So, Yes, NJSP defiantly has the resources to send someone out for a "home visit". A dealer had marked my multiple long-gun purchase as a PSP (possible straw purchase) and so they were required to show up and question me but that was that, dealer was just covering himself. I kept them at the front door and spoke to them from behind a screen door...never let them inside!

 

Most NICS denials I've heard of in NJ result in a letter being sent via USPS Mail not "home visits". If OP is contacted he can always arrange to meet them somewhere away from his home with counsel present.

[HBecwithFn7 296]

Early 2013 I had a visit from NJSP/ATF at my door, asked some questions and left. So, Yes, NJSP defiantly has the resources to send someone out for a "home visit". A dealer had marked my multiple long-gun purchase as a PSP (possible straw purchase) and so they were required to show up and question me but that was that, dealer was just covering himself. I kept them at the front door and spoke to them from behind a screen door...never let them inside!

 

Most NICS denials I've heard of in NJ result in a letter being sent via USPS Mail not "home visits". If OP is contacted he can always arrange to meet them somewhere away from his home with counsel present.

 

I'm only referring to the "basic denials."  I'd think a dealer flagging your purchase in that fashion would be "reasonable cause," as I mentioned.   But I'm glad it worked out for you.

[Carcano 14]

I'm only referring to the "basic denials."  I'd think a dealer flagging your purchase in that fashion would be "reasonable cause," as I mentioned.   But I'm glad it worked out for you.

 

Yes, basic denials = letter in the mail or phone call at the most.

 

If you are a felon and still have your FPID / attempted to make a purchase I'm sure that would also generate a visit (especially if you checked "no" on the 4473 and state form).

 

OP Will be fine, no black helicopters and no cattle trailers...I would call Nappen or other reputable NJ attorney who specializes in firearms and get this straightened out.

[Carcano 14]

Just a little update I mailed them the request via certified mail on the 7th it got delivered on the 9th and have yet to get a response as to why I was denied.

 

Send a second letter via certified mail, make sure it is addressed to the Firearms Investigation Unit address in Trenton (if you need the address let me know).

[Xchange1980 0]

Send a second letter via certified mail, make sure it is addressed to the Firearms Investigation Unit address in Trenton (if you need the address let me know).

Well the shop I bought the gun gave me a paper that needed the transaction number I guess of the NICS check so I guess I would have to go back to them and ask for it again

[PK90 3,570]

AYFKM? PSP? Never heard of that. If the dealer suspected a Straw purchase, the sale never should have happened.

 

Sent from an undisclosed location.

 

 

[Carcano 14]

AYFKM? PSP? Never heard of that. If the dealer suspected a Straw purchase, the sale never should have happened.

 

Sent from an undisclosed location.

 

No, I'm serious.

[Xchange1980 0]

So I still have gotten no response from the State Police as to why I was denied. Wondering what my next step should be or how long should I wait. Any suggestions

[Carcano 14]

So I still have gotten no response from the State Police as to why I was denied. Wondering what my next step should be or how long should I wait. Any suggestions

 

Have you sent a follow up letter (certified mail)? if not, now would be a good time to get one mailed out. Speaking of letters, did you receive a NICS denial letter in the mail?

 

If you are absolutely sure you have nothing on your record that would prevent you purchasing a firearm I would be tempted to buy a cheap 22 rifle and see if NICS is approved or not.

 

Something else that came to mind...make sure the FFL enters everything correctly on the NICS portal site.

 

 

 

It was probably pointed out before but are you sure the dealer

[Xchange1980 0]

Have you sent a follow up letter (certified mail)? if not, now would be a good time to get one mailed out. Speaking of letters, did you receive a NICS denial letter in the mail?

 

If you are absolutely sure you have nothing on your record that would prevent you purchasing a firearm I would be tempted to buy a cheap 22 rifle and see if NICS is approved or not.

 

Something else that came to mind...make sure the FFL enters everything correctly on the NICS portal site.

 

 

 

It was probably pointed out before but are you sure the dealer

I got no NICS Denial letter. But I decided to call the State Police today and they indeed did respond within 5 days of me mailing it 3 weeks ago but the street i live on is South Union usually abbreviated S Union and they addressed it to D Union and it got sent back to them 2 weeks ago and never bothered to call me even though they have my number so she said she will mail it back to me now