Is there any way to do a NICS background check without the actual purchase of a firearms?

[KrisMT]

Awhile back I was charged with domestic battery, hired a good lawyer, took awhile but charges were dismissed. Before I take a day off from work and to avoid any ATF knocks on my door, I wanted to make sure a background check would come back clear. Local gunshop said I would have to actually go to purchase a firearm. They said check with local PD, all local PD could do is give me a list of all the times my name was recorded on any reports. Is there anyway to get one without having to go through the whole purchase process first?

 

[Thor]

Do you have a LTCH? If you can get one of those you should pass a NICS check. IANAL

 

[KellyinAvon]

No conviction, (presumably) no protective order. All should be well, depending on if everyone involved in the process clicked the right buttons.

Why can't we see OUR information? I don't mean in four months, I mean now.

 

[Karl-just-Karl]

Why can't we see OUR information? I don't mean in four months, I mean now.

Silly rabbit, Trix are for Kids!

It isn't "our" information. You shouldn't have taken the red pill.

 

[KrisMT]

Thor, I do have an LTCH, but I had it from before the charges were brought up
KellyinAvon, no conviction, no guilty plea deal, charges dropped. I know I 'should' be ok but, that looming threat of the ATF actually going after someone for a failed background check has me "second guessing". And taking the time to go looking, finding something i want only to have it comeback denied.
Using mycase.in.gov shows the charges as dismissed, but I have no idea if that means the database that ATF checks reflects that also.

 

[Joniki]

Criminal History Services

www.in.gov

 

[baranjhn]

Thor, I do have an LTCH, but I had it from before the charges were brought up
KellyinAvon, no conviction, no guilty plea deal, charges dropped. I know I 'should' be ok but, that looming threat of the ATF actually going after someone for a failed background check has me "second guessing". And taking the time to go looking, finding something i want only to have it comeback denied.
Using mycase.in.gov shows the charges as dismissed, but I have no idea if that means the database that ATF checks reflects that also.

The ATF isn't going to go after you for a failed background check. If NICS returns a "deny" to the gunshop that sent in the request, they will not sell it to you, and they will tell you you have been denied.

Do you still have your LTCH? If you had a conviction, your local Sheriffs office would likely contact you to surrender it. If they don't do that, refer to the NICS background, it will be caught there.

 

[DadSmith]

Awhile back I was charged with domestic battery, hired a good lawyer, took awhile but charges were dismissed. Before I take a day off from work and to avoid any ATF knocks on my door, I wanted to make sure a background check would come back clear. Local gunshop said I would have to actually go to purchase a firearm. They said check with local PD, all local PD could do is give me a list of all the times my name was recorded on any reports. Is there anyway to get one without having to go through the whole purchase process first?

A buddy of mine went through what you did won in court because his ex wanted the children and lied about it. That came out in court.
He got his permit from the state a few months later then he went to buy a rifle. NICS denied him. It's been 3 years fighting with them. He has since got permission to get on government ports. He has sent them a copies of everything including court documents they still refuse to allow him to buy. He finally decided to get a lawyer on it. Hopefully that will get this cleared up.

All this because his ex lied in court and all they told her was she shouldn't lie about such things. She said she wouldn't in the future. Ruined his ability to buy firearms and nothing done to her.

 

[Leo]

guilty until proven innocent?........That is not what they taught in the mandatory Civics class.

 

[STEEL CORE]

File for a UPN with the FBI, takes about six months, after you get it, you should be good to go.

 

[KrisMT]

Joniki, thank you will check that out later
DadSmith, that is my fear also, thank you for that
SteelCore, will look into that also
Many thanks everyone

 

[NHT3]

Illinois does thousands NICS checks every year without out a firearm sale but I don't know if someone in Indiana will do if for you. Seems I read that IL. does them for the FOID and also trying to find ways to revoke licenses of people that have them. There was a time that it was illegal to run a NICS check without a 4473 to match but I think the law was quietly changed around 2014

 

[maxwelhse]

This seems to come up every few months and it seems the vast majority of guys we rarely hear from again. That leads me to believe that the situation that you believe exists (no charges in your case), is true. If it weren't, it seems most of the guys in similar spots would be back here asking how to fight it. Go buy your firearm. If denied, chase down the issue. No one is going to kick your door in over a failed NICS check.

 

[dvd1955]

Go to one of the gun shops Ingo members don't seem to like, pick the cheapest gun and tell them you want to buy it. After they do the check, change your mind before it gets rung up.

 

[Slapstick]

The short answer is no. An FFL can not run a NICS check without the person first filling out Form 4473. A State may run NICS checks as part of their background checks for permits or in IL case FOID cards. The State can also run periodic checks on an individual that they issued a permit to to ensure they are still a proper person.

Back in my full time working days it was the responsibility of the Court to notify the National Crime Information Center, (NCIC) of any convictions or Court filings that would prohibit a person from purchasing a firearm. NCIC is one of the databases that NICS checks to see if you're a proper person. As a general rule the Agency that placed the info into the system is the one that has to amend it or take it out. In you case that should be the Court where the charges were filed.

In your case since the charges were dropped and no conviction occurred you should be okay. The only problem I can see since this was a domestic battery case the Court may have entered the charging info into NCIC and if they did not notify NCIC that the charges were dropped then they may still have you listed as being ineligible to buy a firearm. What I would do if I were you, is get the Docket number and either call or visit the Court's Bailiff and inquire if they sent the info in and if so did they notify NCIC's to reflect that the charges were dropped with no conviction.

 

[Expat]

Go to one of the gun shops Ingo members don't seem to like, pick the cheapest gun and tell them you want to buy it. After they do the check, change your mind before it gets rung up.

My local gun shop has a sign up that you will get charged for a denied NICS.

 

[maxwelhse]

My local gun shop has a sign up that you will get charged for a denied NICS.

Dang... Do you know if they enforce it or is it just intended to keep the riffraff from playing games?

 

[Expat]

Dang... Do you know if they enforce it or is it just intended to keep the riffraff from playing games?

Last time I was in there, they made the guy pay up. he got delayed. Said they would credit the charge back if he got approved.

 

[maxwelhse]

Last time I was in there, they made the guy pay up. he got delayed. Said they would credit the charge back if he got approved.

Oof... Alright then. Not sure I agree with that, but I suppose that's their right.

 

[DoggyDaddy]

My local gun shop has a sign up that you will get charged for a denied NICS.

I seem to remember a thread about some gun store that not only did that, but also charged a non-refundable re-stocking fee if there was a denial.