Newbie needing Assistance

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Soonersx7

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I wanted to see if there are any members that are familiar with clearing up background issues with the FBI and NICS system?

Let me provide a little back story to why I am looking for assistance. I made a dumb choice 25 years ago that took my gun rights away. I recently received a full governor's pardon from Governor Stitt in January stating all my rights had been restored, including the right to own and purchase a firearm. I immediately went to the OSBI office with the certified copy of the pardon to update my records and was assured that everything was fine and that my pardon was entered into the system and my prohibitor tag was removed.

Fast forward to a month later, bought a lower to build an AR for my son as a gift (he's a police officer in arkansas and I wanted to surprise him with giving him the first gun I could buy) and had it shipped to a local ffl. It arrives and I go in and fill out the form 4473, delay and then 30 minutes later a deny. I was frustrated and confused so I filed my challenge and applied for a UPIN providing my pardon certificate and fingerprints.

Received a denial on both 2 weeks later stating that my pardon did not restore my rights to own a firearm and that my crime was listed on the "violent crimes" list in the ok statutes 57-571. I called the OSBI, the governor's office and without thinking, the local ATF office to try and get clarification.

I received a call back from each office. OSBI called me back and I talked with the disposition supervisor numerous times and the staff attorney and they birth assured me that my record is clear and updated and that the FBI is misinterpreting the oklahoma statutes and my crime. The oklahoma governor staff attorney called me and asked for specific details and assured me that he was going to start making inquiries as the pardon restored my rights and he would work to make sure that was the case. Local ATF agent called me, I know, please don't ridicule me too much, but this part will tickle you a bit. He was not what I expected and did not have a high regard for FBI NICS Division. Essentially told me that they were violating my 2nd amendment rights and to sue them and he could see that my rights were restored just by pulling my background check himself.

So, I gathered more documents together. I printed the statute for my crime, the state statute that referenced in the denial, the oklahoma state constitution section that shows that the governor has full authority to grant pardons and restore all rights lost from a state conviction, the oklahoma pardon statutes that state what rights are restored through a pardon and another certified copy of my pardon.

Received an overturn on 2/29/24 and was able to pick up the lower from the ffl with the certificate the give you. I also received a nice letter stating that "upon further review and based upon the fingerprints and documents provided, it has been determined that you are able to possess and purchase a firearm " not verbatim, but as close as I can remember without the letter right in front of me.

Here's the other kicker, I was even approved for my UPIN and received it in the mail on 3/13.

This is where everything gets more frustrating. I go into a local shop and find a nice handgun I like, fill out the 4473 and put my UPIN on the forum. Goes into "research" status, guy says it's been doing that to everyone and to not worry. He's even mentioning that he has never seen someone have UPIN before. Then...... Bammm.... Denied. I was denied with the UPIN. This is a Saturday so there is no calling fbi customer service until Monday.

Needless to say I'm embarrassed and kind of heated at the same time, but not at the guys at the store.

Go home file the challenge for the denial and submit every document I've acquired over the past 3 months and I send an email to the VAF department about the denial with the UPIN.

I receive a follow up email from the VAF department that my UPIN has been "temporarily suspended due to Oklahoma processing changes." I get no further explanation, call OSBI and they have no idea what it means, email governor's staff attorney and still haven't heard back and I start contacting my legislators. Markwayne Mullins office tells me it's a legal issue and they don't help with that and I finally convince Josh Breechans office that it isn't a legal issue, I just need my representative to contact the FBI about updating my NICS background correctly and they agree that is what is needed.

Honestly, I'm at a loss on this. I've spent so much over the past year to get my pardon and my expungement that I don't really have the money to hire an attorney to fight for me.

Am I missing some sort of steps that I could be doing to make the FBI update my records correctly?

I just want to finally be able to exercise my 2nd amendment rights and buy myself a gun and, to be able to go on my first ride along with my son who is a police officer.

Sorry for the novel, I just wanted to explain as much as I can.
 

THAT Gurl

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Ex-legal assistant married to a retired JBT here. (Yes, we are OLD ... 😂)

As far as I can tell from what you have said (and if nothing has changed since the Dark Ages when I was working) you have done everything right. It would appear that some pencil-pusher for his dick caught in the sharpener. 🤷🤷🙄🙄🙄

I used to work for an attorney who did expungements pretty regularly (which means I did the research, pulled all the paper and typed up the documents and he signed off on them).

I don't know if he is still practicing or not but I'll PM you his name.
 

THAT Gurl

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BTW, don't feel special or picked on. Believe it or not, this happens to more people than you'd think. It's just a matter of getting the right people involved.

And funny story -- my darling JBT husband gets delayed EVERY. SINGLE. TIME. he tries to buy a gun ... Or a can ... Or anything else that requires "paperwork". I, on the other hand, pass with flying colors -- NEVER had so much as a sideways glance. Consequently I own everything gun-related in this house. Or at least I did before the boating accident. 😢
 

BallisticGuy

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Contact your state representative of the county you live in and do a congressional inquiry. Your reps assistants will speak to the ATF and FBI on your behalf. In theory this will help bridge the gap between you and the FBI/ATF. You’ll need to fill out a some paperwork, but get the ball rolling.
 

Soonersx7

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Contact your state representative of the county you live in and do a congressional inquiry. Your reps assistants will speak to the ATF and FBI on your behalf. In theory this will help bridge the gap between you and the FBI/ATF. You’ll need to fill out a some paperwork, but get the ball rolling.
I did that yesterday with Josh Breechens office. Hopefully something will come from that, I was warned that it is a slow process though.
 

dennishoddy

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I did that yesterday with Josh Breechens office. Hopefully something will come from that, I was warned that it is a slow process though.
I’ve never committed a felony, yet get delayed every Danged time and have been since the 90’s.
Reason we have figured is that my wallet was stolen in Mexico during a vacation there. Long story, but the DL was tampered with and used by an individual in a hit and run fatality accident in Florida. A state I’ve never been in previously.
Another long part of the story being skipped but my lawyer got everything squared away.
Evidently, NICS still gets flagged about that incident and delays the purchase.
I’ve been told getting a UPIN probably wouldn’t help.
It always goes through, but is always delayed. Sometimes a few hours, sometimes a few days.
I’ve won a few guns at DU banquets, having to do the walk of shame out the door when the attending FFL gets a delay.

You’re going down the right path, but expect to be delayed every time because of that past incident.
 

Soonersx7

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Update: I received an email today from the FBI CJIS Division in regards to my UPIN and it's been reactivated after the examiner received word back from their legal department in regards to whatever they were checking into. I also received the overturn certificate for my firearm denial challenge and a letter stating that I am legally able to possess and purchase firearms based on the records provided in my congressional inquiry and those already available to them.

I was told to use the same UPIN number provided previously for all future purchases. Hopefully this will be the last time I need to contact them in regards to this.
Thank you everyone for all of your suggestions and I only hope that the most I experience from this point forward is a short delay at most and that the denials are over.
 

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