Background check denied , can i still buy a rifle ?

[kevinwindwalker]

I went to Wlmart at couple weeks ago ,I was ready to buy a reminton 700 adl  for my first rifle . But when I was filling the background check form , I gave a wrong answer  , so couple days later, FBI denied my application for firearem purchase .

I took a appeal on FBI website but still have no responds from them , my question is , can I still buy a gun from a person or from gun show ? I need a rifle for hunting and keep coyote from caves (I work on cattle ranch by the way).

[AAllen]

I think you may need to wait for the appeal, I think the denial is in the NICS system until that clears it.

Of course the important question is did you misunderstand the question and made a mistake in the answer or did you answer truthfully and are a prohibited person?  I am guessing it was just a common mistake and things should get cleared up fairly quickly.

Lesson for everyone, even though we fill out these 4473's all the time we need to take our time and make certain we read the entire question and mark the form accordingly.

[David Hineline]

I am assuming since you did not go get your NE handgun purchase card that you are not 21 yet.  If you are 21 then goto the local police office and get a NE handgun purchase card, then there is not FBI check or waiting period for WalMart to call in.

If WalMart has canceled that sale I see nothing wrong with you going to a real gun store with a real gun dealer rather than a counter person and buying a rifle and trying again with the proper information this time.   I have never gotten a denial response from NICS on a customer though so not sure if it stays with you or not.

[kevinwindwalker]

what has done is done ,  I was be told that it would take at least 3 months to get the respond from FBI ,and that point the hunting season is gone anyway . So i wonder if it is ok to buy a rifle from a person ?

If i go to a real gun dealer ,  can i take the background check again ? I am 26 years old and not a citizen of USA , that is why I can't buy a handgun .

[Kendahl]

not a citizen of USA , that is why I can't buy a handgun

That's not correct. Legal immigrants who are not US citizens can buy long guns and handguns unless they have done something to get themselves on the NICS prohibited list. (That would be serious enough to get them deported, too.) Illegal immigrants are prohibited by federal law from buying any gun.

To acquire a handgun in Nebraska, regardless of the method, anyone without a concealed carry permit needs to get a handgun purchase certificate from the county sheriff. The sheriff will do a background check before issuing the certificate. If you are not a citizen, the sheriff will want to see your permanent resident card to prove you are not an illegal immigrant. The certificates are used for more than handgun purchases. For example, gun clubs use them to screen out prohibited persons. Personally, I would require a certificate for a private sale of any gun as proof that the buyer was not prohibited.

It is true that you can't get a concealed carry permit in Nebraska unless you are a US citizen. Being a legal immigrant is sufficient in many states but not here. (NFOA is involved in a suit to change this.) Until recently, legal immigrants were effectively barred from possessing handguns in Omaha because handguns were required to be registered (doesn't apply to holders of concealed carry permits) and citizenship was a requirement for registration. (Thank NFOA for getting this changed.)

[AAllen]

Kevin, even though a private seller does not do a background (NICS) check they are responsible to only sell to people they feel would not be prohibited from purchasing.

My first stop would be to the County Sheriffs Office and apply for a Handgun Purchase Permit, it is only $5 and if that goes through it will also work as the background check for a long gun at a dealer.  Like Kendahl said you are able to get a handgun, there is no citizenship requirement to own or posses a handgun other than not being here illegally (in violation of immigration law).  I guess there is some need to clarify there are a couple of legal aliens that can not purchase firearms, but they have the ability to rent or be loaned firearms for sporting purposes (such as hunting) with certain restrictions; but now we are getting real deep in the weeds and this effects very few people.

[Dan W]

I think Kevin's real problem is that until the FBI clears his name in the appeal, he is effectively a prohibited person and all 4473's he fills out will be denied by NICS and that database will be part of any background check

[AAllen]

I think Kevin's real problem is that until the FBI clears his name in the appeal, he is effectively a prohibited person and all 4473's he fills out will be denied by NICS and that database will be part of any background check

I agree Dan, but the only way to know for certain is to have a check run, and the easiest way would be to spend the $5 and try to get a handgun purchase permit.

[kevinwindwalker]

AAllen , I could have a rifle from one of my friends , I am more wondering if it is illegal to do that when I got a denied from FBI backgrond check , I really don't want to get into trouble .

I am still waiting for the respond from FBI...... But i can start to hunt with bow, LOL!!!

[David Hineline]

You don't even have to be a US citizen to be a legal firearms dealer in the US.  I don't know where you get your incorrect information from.

[kevinwindwalker]

You don't even have to be a US citizen to be a legal firearms dealer in the US.  I don't know where you get your incorrect information from.

I was wrong .  But what about the question I asked about getting a rifle from a friend when I have a denied from FBI ?

[David Hineline]

The best advice was given, try and get a NE handgun purchase card.  Beyond that lawyer up.  We don't know what they denied you for, you did not say, beyond that we can't advise much because we don't run into your situation.

[AAllen]

My advise is simply to use caution (which you are to a degree by seeking advise) and the only way I can think of to find out if your denial, from making a mistake on filling out the 4473, would keep you from giving it another try while waiting for the appeal would be to try the Handgun Purchase Permit at the Sheriffs office.  I would be upfront with them about what happened and have them run the background check, they may take the full three days to process but you will know for certain if you are even temporarily a prohibited person.  Thereby protecting yourself and your friend that may be willing to loan you a rifle.

Many of these things fall into grey area's where the interpretation of the officer / agent that you are dealing with may be different from that of another, and who know which side the courts would fall upon.  Because there is no clear cut definitive answer and how much room there is for interpretation I recommend being cautious.

[kevinwindwalker]

I see . I will run to town and get a firearm purchase permit .