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TICS L.E.O. Denied & Conditional Proceed


Retd LEO

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Hi, New to TNGO and hoping to find some fact based responses that are specific to my concern (s).   Will try to keep this as short as possible but bear with me....my patience has grown thin dealing with it.  Ok, here are the essentials;  i am a recently retd L.E.O with nearly 27yrs of service from another state and became a proud legal Tn resident, home owner & registered voter in Oct 2020.  I do NOT now nor have i ever had any legal issues criminal, civil, or otherwise at any time in my life EVER!  Not even a speeding ticket.  This is not just what i personally know to be fact but also under the letter of the law as well.  I have been through numerous background checks at state and federal levels through out my life whether due to my career, purchasing firearms, or pursuing other tactical/operational accomplishments that required one.  There has never been a matter for concern.   If there had been, i would never have been able to get, let alone keep, my career in law enforcement or other endeavors.  I live a clean, law abiding life.  There are no skeletons or ''well there was this one time when i was young........'' issues.   So with that being out of the way,  in early Jan 2021 i purchased a Ruger SBR at a local ffl box store.  The background check was approved and in a matter of approx 45 minutes from start to finish, i left with the SBR in my hands.   12 days later as luck would have it, this same ffl had just received a certain AR i had been searching for.  So back i go to purchase it.  This time the background check was denied.  Being dazed and confused by the result, i obtained the appeal form  (YES i included my SS# and filled it out correctly)  and faxed it to TICS the next day.   On day 16, i received a letter in the mail from TICS with their decision for Conditional Proceed.  With what i am sure is a standard generic response, it states (in regards to the appeal request),  ''in an effort by TICS to obtain necessary but missing information needed to either overturn the denial or uphold it''     And in regards to their decision of that appeal it states, ''TICS' efforts were not successful -- information requested from an arresting agency  &/or clerk of court was not received within the 15 calendar days''    And this is where i scream W.T.H!!!!!!!!!!!!!!!!     And with that nugget, there goes the AR at the ffl as they and like many ffl's, will not transfer the firearm under conditional proceed citing ''concern of liability''   Worse yet, this particular ffl places you on a ''do not sell list'' until the 30 days has passed.  An addtl side note, and as per this ffl,  during this period no one in your household can purchase any firearm either do to your accessibility to said firearm.   I understand i can resubmit for another check (as the 30 days has now passed) and take my chances at a 2nd round of embarrassment or simply take a pass and let my better half apply for it.  And i am currently weighing that decision at this time.  From what i have been reading online and in this forum, the bigger concern is that without first trying to right the wrong it's likely that the next bg check could result in yet another denial.  I come from a highly restrictive state when it comes to firearms and i have to say that TICS in comparison is a mess.  The very process itself is flawed. Their language and protocols pertain only to ''arresting agency &/or clerk of courts''  ''dispositions''  etc etc.   All things relating to a criminal history.  There are no procedures in place to address issues like ''mistaken identity''  or a bad ''key stroke/error'' etc.  And In fact as im learning the hard way, TICS not only does not offer any info as to help you OR themselves correct the error, they simply don't care and move on to the next one.  How would one know where to look elsewhere to investigate it if they wont at least tell you where the info/errors are originating from?  It's like going down a rabbit hole.  Before filing a complaint or contacting an attorney to clear my name, or the FBI/NICS, are there options or steps any of you know of that have worked for you to resolve this at a simpler/faster level?  The posts i've been reading about TICS are alarming;  approved this time, denied the next, then approved again,  refusal to assist or offer info that would resolve the issue, requiring dispositions when there has never been anything to dispose of, etc, etc   In my experiences, it's simply rediculous.  I would specifically like to hear from any LEO's out there to connect with but anyone with exact experiences as mine would be greatly appreciated.  Apologies for this being so long...as i said my patience is wearing thin and obviously frustrated.  Not what i expected from a ''gun friendly'' and ''shall issue'' state.  In spite of this TICS problem, im happy to finally be a Tennessean.  I've been coming here vacationing etc for over 40 yrs so its a blessing to now call Tn my home.  Thanks in advance for the help.  Be safe out there and God Bless

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I used my Tn drivers license.   No police record, or otherwise.   It's all so nuts.  At this point i haven't been able to get any answers as to what they even found, if anything, as there ISN'T anything to find.    But regardless,  whatever it is they think they found or are uncertain of,  the least they should be required by law to do is offer a source ie; date, time location of alleged event so i could contact someone to inquire and clear it up because clearly TICS isn't going to look into it any further.  I truly believe it is either mistaken identity or a error/carelessness in some form or fashion.  But even that erroneous info would originate from SOME location tied to whoever the other person is they have me crossed up with.  But TICS is treating this like it's some secret squirrel mission.... ''we found the nut and we're not sharing it''     I find it peculiar on two levels,   1. there's never been an issue until i moved to Tn over 3 months ago....  and 2.   i was approved just two weeks earlier for my first purchase without issue.  I recently did a couple of searches online and found two other people in Tn who share the same first and last name but neither have my middle name and they're both much older by 12yrs and 15yrs respectively.   And they appear to live in areas many hours away from me which i've never been to or heard of for that matter.   One of the many reasons we have social security numbers is to prevent things like this from happening, among other things.  It's our human bar code to put it simply.  And yet it will likely take fingerprints, a UPIN and addtl steps to clear this up.  Absurd.

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Funny how differnt states do things. I too was surprised by the TN system when I moved here as TN was supposed be "a freedom state".

Simpe things like in Idaho where I moved from, if you had a concealed carry permit, you didn't need a NICS or background check. You filled out a 4473, handed them your permit, they wrote the permit info down and put "NA" for the background check. Gave them your cash and away you went. This is how it should be in a gun firendly, free state.

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TICS is broke. As you have apparently seen on here; this happens a lot.

Short of a class action lawsuit I don’t see it being fixed. But of course with a lawsuit, if they can show ANYTHING, correct or not; they probably wouldn’t be held liable for anything.

I have never heard of a “Do not sell list” with FFL’s?? That is disturbing. If someone had that happen in my area I would appreciate them naming the business so I could make sure not to use them.

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Thanks guys for the responses.  It's greatly appreciated.  Utah sounds like they use some common sense.  If nothing else, at least the appeal step itself in Tn  should be revised.  The very idea of an appeal is designed around the premise of allowing a person to provide/submit information, proof, evidence to support their position and defend oneself against being ''wronged.''   That would go a long way towards shining some light on a mistake that could then be easily corrected in situations like this.  But TICS appeal form clearly states not to include or attach any info to the appeal.  That only the arresting agency &/or clerk of courts can supply info.  And therein lies the problem...when there IS NO arresting agency &/or clerk of courts to offer any info,... you get issued a Conditional Proceed.  Which is useless.  The TICS system is all geared towards criminal history instead of all the aspects of a search and review that can be at play.  Mistakes & errors happen. It's human nature.  But there is nothing devised in their system to address that area when it happens.  This notion that the only possibility that could exist for one to get denied must simply be that one has a criminal history, is alarming and pathetic.  Sometimes other things happen, like an error.  And yet there are no tools in place to address that. And the result is It's the equivalent of being treated as guilty 'til proven innocent.   Personally speaking i know this much, i didn't come this far in my life, towing the line and busting my ass to now be dealing with unjust nonsense like this in my retirement years.   As for the ffl box store chain that has the ''do not sell'' list,  i'm not sure being new to TGO if i can name them in this forum.  But they are spread out over Tn (Bristol, Morristown, Knoxville, Maryville, Crossville, Clarkesville) as well as locations in Georgia, N. Carolina, Kentucky, Virginia, W. Virginia & Pennsylvania.  In addition to selling firearms, they sell clothing, farm supplies, automotive, food items and tractors to name a few.  If that helps without spelling it out.  lol.   Who knew!!

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Yes and no help offered except a form to fill out and send to NICS myself which will add more delay time to getting it resolved.  And getting a UPIN from them can also take months.  Was hoping there was a quicker way to resolve it but looks like i'll have to jump thru hoops up to and possibly including an attorney.  Sure,  i can just try again as it's now been over 30 days.  But even if i get lucky and it should get approved this time,  it doesn't undo and correct whatever errors are laying in wait to randomly grab you again when you least expect it.  It's pretty simple,... if nothing changes in your life, conduct, events, etc that would alter your history/record, then your bg check results should never change.  And the fact that anyone could have for example say 4 or 5 checks done over a period of a month or two, and each result would be different clearly shows a glaring problem within TICS' system.   You'd have to be quite the criminal and a smart one as well....as in committing a crime this week then getting that expunged before the next bg check, get your gun, then commit your next crime and get denied, then get that expunged so you can get approved again, get another gun and then..........well you see the lunacy of it right?   It's not possible for these approved & denied decisions to be so rapidly flipped back and forth from one to the other in such quick succession when nothing has changed because the red tape and paperwork that is involved to handle and resolve a legal matter/arrest etc, court finding, expungement/attorneys etc takes months and depending on the crime can easily exceed a year.   So, a proper thorough bg check will either get you approved each time or get you denied each time.  It can't be both from bg check to bg check!  But with TICS it IS both and as unpredictable as a coin toss.  And that's the proof there's a problem with TICS.  While it may not be intentional on their part, nonetheless the result creates an infringement of our 2a.   DWARREN123 sadly you're right, it IS messing with people.  Apologies for the rant and frustration.  😖  

 

 

    

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On 2/13/2021 at 10:08 PM, Retd LEO said:

So with that being out of the way,  in early Jan 2021 i purchased a Ruger SBR at a local ffl box store.  The background check was approved and in a matter of approx 45 minutes from start to finish, i left with the SBR in my hands.   

 

How did you buy an SBR in 45 minutes?   I need to know your secret. 

 

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Checking in again....been a busy week.  So, I checked into the C & R and it appears from the website that the benefits you gain only apply when purchasing firearms that are a minimum of 50 years old and does not apply to new/modern firearms.  So the background check TICS/NICS would still be in play any time you were to purchase a new or ''newer'' firearm.   As for the 45 minutes it took to walk out with the SBR,...no secrets lol.  I was just fortunate that it was a ''slow day'' at TICS according to the ffl,  so the bg check was submitted and approved in under 15 minutes. The SBR was in stock so the remainder of the short time was finalizing payment, etc, buying a few other goodies and away i went.  I'm sure that's likely not the norm tho.   As for where things are with the conditional proceed issue,  i'm doing the fingerprint NICS route to hopefully get it resolved.  Still no cooperation from TICS. 😠

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5 hours ago, Retd LEO said:

Checking in again....been a busy week.  So, I checked into the C & R and it appears from the website that the benefits you gain only apply when purchasing firearms that are a minimum of 50 years old and does not apply to new/modern firearms.  So the background check TICS/NICS would still be in play any time you were to purchase a new or ''newer'' firearm.   As for the 45 minutes it took to walk out with the SBR,...no secrets lol.  I was just fortunate that it was a ''slow day'' at TICS according to the ffl,  so the bg check was submitted and approved in under 15 minutes. The SBR was in stock so the remainder of the short time was finalizing payment, etc, buying a few other goodies and away i went.  I'm sure that's likely not the norm tho.   As for where things are with the conditional proceed issue,  i'm doing the fingerprint NICS route to hopefully get it resolved.  Still no cooperation from TICS. 😠

SBRs require a federal background check that the ATF sends to the FBI.   If the shop sold you an SBR without sending an ATF Form 4, you and the shop are both asking for trouble.  

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On 2/13/2021 at 10:08 PM, Retd LEO said:

or simply take a pass and let my better half apply for it

First of all, I have a lot of sympathy for your situation, and you have my sincere thanks for your career in law enforcement. I feel fortunate never to have had a NICS problem, especially after having read of a few on this forum.

But as to the quote above, proceed with caution. My wife and I moved here about two years ago, she immediately obtained a TN driver's license but I held on to my old one for a while for some technical reasons. I purchased a rifle at the local gun shop but the owner had a lot of trouble running my WA state license. The license number is formatted much differently than the TN license. I said something about having my wife buy the rifle, and the dealer said he wouldn't do it as it would be considered a straw-man purchase. I guess that's a fine-line, and as it turns out he was able to run my license after a phone call. So while it's perfectly legal to buy a firearm with the intention of giving it as a gift, it is not legal to purchase a firearm to help someone get around the NICS.

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Shout out to Capbyrd.....guess i need to clarify for my slang or ''generalizing'' about the SBR i bought and anyone else who i gave cause for confusion lol.  I have the stabilizing brace so obviously its a pistol not a SBR.  Just my household referencing (as the saying goes) to ''keep it simple stupid''  Sorry for the head scratcher!   Kind of like an old ford galaxie and a ford 500xl.....generally kind of the same but they're not lol.   Thanks Darrell for the kind words!  It's truly appreciated and likewise for your service.  True point about straw purchases.  ''Letting her buy it'' wasn't meaning ''for me.''  I was just abbreviating the fact that i would've cancelled the purchase/layaway, the gun would go back into inventory and then she could make a purchase of her own and keep it for herself.    It is a fine line one of which i wouldn't cross.   Thanks for looking out tho!   Be safe everyone.

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