Right to Carry Revoked by a Typo?!

The following is a video transcript.

Purchasing a gun for the first time can be intimidating. Let’s discuss the process of purchasing a firearm and the three most common mistakes that are made when purchasing a gun for the first time.

So, you’ve decided which gun you want to buy and are heading to the gun store. What can you expect once you get there? When you get to the store you’ll be asked to fill out a Form 4473. This form is a transaction record for the Bureau of Alcohol, Tobacco and Firearms or “ATF,” and is required in order to purchase a firearm from a Federal Firearms Licensed dealer or “FFL.”

The form will ask questions such as: have you ever been convicted of a crime; are you a fugitive from justice; and are you purchasing the firearm for another person (that is, making a strawman purchase). The form also requires you to provide information about yourself such as: your date of birth, address, height, and weight. To purchase a handgun from an FFL, you must be at least 21 years of age.

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Once you’ve correctly filled out the form, the sales clerk will ask you for your ID. This is generally a valid government-issued photo identification card or state-issued license or permit to carry a handgun.

Mistake One: Forgetting Proper Identification

The first mistake we see when someone is trying to purchase a firearm is forgetting to bring their Driver’s License, applicable state firearms permit or license with them. If you do not have a valid government-issued ID card, the FFL will not be able to sell the gun to you. You’ll have to leave and come back with your ID, so make sure to bring your ID with you when you head to the gun store.

If that’s not an issue, once you’ve filled out the form and handed over your ID card, the FFL will run a NICS background check on you. NICS stands for the National Instant Criminal Background Check System. There are three responses that NICS will provide to the FFL: either proceed with the transaction, delay, or deny.

If the response is “proceed,” the FFL will complete the gun purchase and you’ll be on your way. If the response is “delay,” the FFL will have to wait to finish the sale, and the ATF has three days to research the applicant further and notify the FFL to proceed or deny. If the FFL has not heard back from the ATF within three days, then you can proceed with your gun purchase. If the response is “deny,” then you’re denied from purchasing the firearm and the FFL will not be able to complete the sale.

Mistake Two: Ignoring a Wrongful Denial

The second mistake we see people making when purchasing a gun for the first time is not appealing a wrongful denial. If you believe you’ve been wrongfully denied the right to buy a firearm, then you can request an appeal by submitting a request to the FBI.

You should always appeal a wrongful denial. We’ve seen an increase in wrongful denials as the federal government and states have taken measures to “clean up” their criminal history records. As a result, records are being wrongfully associated with one another, names are getting mixed up, and responsible gun owners are paying the price. You shouldn’t lose your gun rights because a bureaucrat made a typo. Appeal your denial.

Mistake Three: Not Documenting Transfers

The last mistake we see made is people not keeping their sales receipts or bills of sale. Whether it’s from an FFL or a private individual (if your state allows for private sales), it’s important to have and keep a record of your firearm’s particulars, and where and from whom you obtained the gun. This serves two important purposes:

  1. First, if your firearm is ever stolen or lost, your chances of getting it back are nearly zero without a record of the make, model, and serial number of the gun to provide to police.
  2. Second, if (for example) the firearm that you purchased in a private sale later comes into contact with law enforcement—let’s say on a routine traffic stop—and hits as “stolen,” you’ll be able to show law enforcement when and from whom you purchased the gun, saving you a considerable headache.

We hope you found this information helpful and encourage new gun owners to learn the law and best practices when it comes to your Second Amendment rights.

If you have any questions about purchasing a firearm, call U.S. LawShield and ask to speak with your Independent Program Attorney.

 

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Comment section

25 comments on “Right to Carry Revoked by a Typo?!

  1. If my mailing address is different from my home address will that be an issue when doing my background check?

  2. I apologize upfront this is going to be a little bit long but I need to explain the situation. I live in Washington State on April 17th 2019 my sister and I were living in the same house with my mother when my mother passed away in our home. Approximately 327 days later we had both been drinking she had been drinking a lot more than me and we decided we had to clean up the kitchen from the food that was given to us by our neighbors. I was vacuuming up some crumbs off the kitchen floor with my back turned and all of a sudden I realized my sister was gone she had run over to our neighbor’s house banging on the door and telling him to call 911 she wasn’t fear for her life because of me. I was in shock when the police showed up and I don’t know if there was a police report written or not I was never arrested papers were never given to me and I was never convicted in a court. The police told me after they spoke to her and heard my side of the story that she was to stay upstairs in her bedroom and I had to stay downstairs and I was not allowed to go anywhere near her or they would come and remove me from the house. So I guess they didn’t feel like I was that big of a threat to her. I never touched her or did anything all we were do is cleaning. I lived there for about three and a half more months and I decided to leave the house but I didn’t tell her I just walked out with a few close quietly and never returned. My question is I went to a gun shop looking to purchase a firearm that I am scared to do the background check. So I called the local police department and told him my situation and the guy that answer the phone suggested to do my own background check on myself through wsp which is the Washington State patrol website they said they use that one. When I ran myself and pay the $11 it said it found nothing on a criminal history my concern is because she called but I was never arrested or went to court does that mean I still have a domestic violence record because it didn’t show anything on the criminal history when I ran it. Also because I had left and basically snuck out of the house she we have been very angry with me can she file for a protective order after three and a half months if I was the one that left. If so wouldn’t I have to be served some type of papers or something even if she doesn’t know where I live wouldn’t the sheriff’s office be able to find my address or place of employment. I’m sorry this is so long but I wanted to go in and make the purchase but I’m so scared that I’ll be denied in front of everybody because of this. Thank you so much for your time and reading this. Debbie

  3. When I was 18 I had got a dui an a couple minor in consumptions something had happen to my mom so I left the state an never finishes my court case now I’m 21 an would like to purchase a handgun . will they deny me ?

  4. Can I use a twic card also with , my social # , DD214 , birth certificate, insurance card , valid card registration. To buy a firearm in Texas ?

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