I am legally in USA since 2004, I am waiting for my permanent resident card from the immigration dept. I have work permit, SS #, NJ Drivers license and I own a house in NJ too.I am a law abiding tax paying family man. In the mean time I got my firearm ID card from New Jersey and tried to by a gun. By mistake I answered NO to question 11.l, and NICS denied my transaction. I was supposed to answer Yes to question 11.l and show my NJ hunting license at question 20c.
Can anybody advise me how to make this correction? Since my green card is still under processing, I thought I will be considered in the Immigrant category, my mistake. If I just fill out a new form with these corrections, will it work? Thanks for reading

 

I went to the same FFL today and filled out a new 4473 to buy a shot gun with correct information and run the NICS check, there was a 3 hour delay and they denied me again!! The FFL person told me that, he called state police for the reason. He told me that the immigration department did not approve me. Back to same situation...Can anybody help me in this? Is my status eligible for firearm purchase? I have a NJ firearm hunting license.

None of the aforementioned about your personal situation (here since 2004, tax payer, house owner) matter when dealing with NICS as a non citizen/ non permanent resident?

Not all who get denied NICS are criminals so you don't have to prove anything here that you re an honest guy. I was in the same boat as you. I am also here since 2004.

 

 

Do you have an Alien Nr for your permanent residence status from your Notice of Action?

 

When you get the card your alien nr and SSN get linked to your status ( permanent resident ).

Obviously that hasn't happened yet since the GC is not issued to you.

 

What type of visa or status do you currently have?

I have an Alien number and a valid work permit. I got my work permit renewed at least 5 times already. A non immigrant who is legally here can buy a gun?

I have an Alien number and a valid work permit. I got my work permit renewed at least 5 times already. A non immigrant who is legally here can buy a gun?

What kind of visa are you on now? F/H/L/I-94 Refugee? If you are between any of these and permanent resident thats where the problem might be. Remember....until they give you the GC you are non immigrant....when you get it you are a permanent resident.

 

A non immigrant can buy a gun if he satisfies the requirements. Check if you fulfill everything in the extended instructions on the 4473.

 

I would call NICS/BATFE/FBI and have a chat with them. They can tell you if you are eligible. The state police saying immigration didn't approve is a good lead.

How did you get an FPID. They have to do a background to get that.

 

??????

I'm confused.

How did you get an FPID. They have to do a background to get that.

??????

I'm confused.

You can get an FID if you re a non citizen with some extra requirements like Hunting Education must be passed first.

 

Some have done it:

http://njgunforums.com/forum/index.php/topic/26404-secaucus-fid-pp-for-non-citizen/

In the mean time you could do a FTF (face to face) purchase without the 4473 form just the NJ COE form from a private seller.

so what you want him to do is be illegal?(this is essentially the gun show loophole) if nics denied him...ftf is not legal at this point either

Do not buy FaceToFace until your NICS / immigration situation is sorted out. Not a legal advice, but friendly advice.

 

Remember, NJ puts the burden of proving eligibility on you.

I told you on the other forum that you are not considered a legal permanent resident (lpr) until immigration gives you your green card.

 

I dont doubt what you say but if immigration has not processed your application and given you the green card you are not yet.

 

I told you to call NJSP, who runs NICS, and explain your situation . I have a feeling by doing what you did NJSP has now put you on a denial list until you straighten this out with them.

 

Before you start throwing money at lawyers contact NJSP and see what they tell you.

I have no knowledge of how immigration status effects NICs checks.

 

But if he's not a prohibited person, being denied by NICS does not make him a prohibited person- it just means he was denied by NICS.

 

If he is legally able to purchase an handgun and NICS either got it wrong or didn't have all the information, what's preventing him from purchasing face to face?  That's a real question, I'd like to know.

I told you on the other forum that you are not considered a legal permanent resident (lpr) until immigration gives you your green card.

I dont doubt what you say but if immigration has not processed your application and given you the green card you are not yet.

I told you to call NJSP, who runs NICS, and explain your situation . I have a feeling by doing what you did NJSP has now put you on a denial list until you straighten this out with them.

Before you start throwing money at lawyers contact NJSP and see what they tell you.

Did he post this elsewhere? What forum? PM me if you don't want to write here.

Did he post this elsewhere? What forum? PM me if you don't want to write here.

"The High Road" under "Legal", "How to correct my 4473". He tried the second ti.e after being advised by a FFL to just answer yes. What he has done the second time is commit a technical violation of 18 US 1001, False Statement. This could also result in denial of his lpr status due to the felony violation involving firearms. Neither is likely but if Immigration wants to be difficult they could do so.

 

The OP needs to understand he is not a lpr until he has his green card in his hands. He also needs to contact NJSP and see what they tell him and then decide if he can fix it himself or he needs a lawyer to do so.

 

He needs to contact NJSP as soon as possible to correct this and shouldn't try to buy a gun anywhere until he finds out what they say.

I have no knowledge of how immigration status effects NICs checks.

 

But if he's not a prohibited person, being denied by NICS does not make him a prohibited person- it just means he was denied by NICS.

 

If he is legally able to purchase an handgun and NICS either got it wrong or didn't have all the information, what's preventing him from purchasing face to face?  That's a real question, I'd like to know.

 

If thought if NICS is denied they need to provide a reason for denial within a certain time frame or the transfer is allowed.

 

If he has a FPID he can legally purchase a firearm (assuming he isn't a felon and is in the US legally) face to face (FTF) even with a NICS denial. Read that sentence carefully, only if he is here legally and he is not a felon.

"The High Road" under "Legal", "How to correct my 4473". He tried the second ti.e after being advised by a FFL to just answer yes. What he has done the second time is commit a technical violation of 18 US 1001, False Statement. This could also result in denial of his lpr status due to the felony violation involving firearms. Neither is likely but if Immigration wants to be difficult they could do so.

 

The OP needs to understand he is not a lpr until he has his green card in his hands. He also needs to contact NJSP and see what they tell him and then decide if he can fix it himself or he needs a lawyer to do so.

 

He needs to contact NJSP as soon as possible to correct this and shouldn't try to buy a gun anywhere until he finds out what they say.

 

So why hasn't OP called NJSP? unless he is here illegally or flat out lied on the 4473 no need to worry about calling NJSP and asking.

 

Of course, if OP isn't holding a green card and lied he is committing a crime (lie on the 4473).

 

so what you want him to do is be illegal?(this is essentially the gun show loophole) if nics denied him...ftf is not legal at this point either

 

I didn't tell him to do it, I suggested it. Providing he is here legally it's fine, he should know his immigration status and the FFL should have confirmed this with him before completing the 4473 and submitting NICS.

So why hasn't OP called NJSP? unless he is here illegally or flat out lied on the 4473 no need to worry about calling NJSP and asking.

 

Of course, if OP isn't holding a green card and lied he is committing a crime (lie on the 4473).

 

 

 

I didn't tell him to do it, I suggested it. Providing he is here legally it's fine, he should know his immigration status and the FFL should have confirmed this with him before completing the 4473 and submitting NICS.

There can be many reasons why the OP hasn't called NJSP. You cant generalize and make an assumption that because he didnt call them he is here illegally. I hope that s not what you meant to say.

 

By the way.......if he has a green card in process he is here legally as prior you get a notice of action from DHS with your rights spelled out.

 

Many times the NICS operators have issues in knowing and determining immigration status eligibility thus the delay when a non citizen buys a gun.

 

You're stating some things here as a fact and only he can fill us in into the rest of the story.

 

As he tried NICS again with his correct status after he made a mistake on the first one there is a reason why NICS has denied him. FFL can only see your documents that you re a non citizen ( passport or a DL....on the NJ DL it says Temporary Immigration Status in red).

Eventually he will learn what it is and hopefully keep posting information here as he progresses.

There can be many reasons why the OP hasn't called NJSP. You cant generalize and make an assumption that because he didnt call them he is here illegally. I hope that s not what you meant to say.

 

By the way.......if he has a green card in process he is here legally as prior you get a notice of action from DHS with your rights spelled out.

 

Many times the NICS operators have issues in knowing and determining immigration status eligibility thus the delay when a non citizen buys a gun.

 

You're stating some things here as a fact and only he can fill us in into the rest of the story.

 

As he tried NICS again with his correct status after he made a mistake on the first one there is a reason why NICS has denied him. FFL can only see your documents that you re a non citizen ( passport or a DL....on the NJ DL it says Temporary Immigration Status in red).

Eventually he will learn what it is and hopefully keep posting information here as he progresses.

 

I just find it strange why he wouldn't call and find out the reason for denial.

 

It's speculation, I'm not stating anything as fact.

I just find it strange why he wouldn't call and find out the reason for denial.

 

It's speculation, I'm not stating anything as fact.

Hopefully he updates us when he makes the call.

 

At the end of the day. He is a future gun owner in NJ and we re all trying to help him.

 

OP if you re reading this update us when you can on how things progress.

doesnt he have to appeal it within a certain time frame

There is no need to call the NJSP. All NICS denials are followed up by the NJSP FIU.

 

Hide your dog.

There is no need to call the NJSP. All NICS denials are followed up by the NJSP FIU.

 

Hide your dog.

I take that to mean the FIU will find him?

I take that to mean the FIU will find him?

 

All denials are followed up by the Firearms Unit, as I have been told directly by the Sergeant in charge years ago.

what do you mean by followed up on? as in they look into why nics refused someone? or they go arrest them?

I did call NJSP after the first denial. They said the denial was from the Immigration and Customs Enforcement.I even received a certified  mail from NJSP with reason on it. The second denial is same reason. Do you guys think I will get a firearm ID in NJ if I am illegal? I just wanted to know people like me can buy a firearm, that is why I posted. 

Many times the NICS operators have issues in knowing and determining immigration status eligibility thus the delay when a non citizen buys a gun. 

 

Damjan makes sense. Thanks

what do you mean by followed up on? as in they look into why nics refused someone? or they go arrest them?

 

Yes, and Yes if warranted.

Yes, and Yes if warranted.

 

Well the interesting bit is that NJ issued him an FID, you would think they wouldn't have if he would have failed a NICS check or if they thought he was intelligible. 

 

My only mildly useful bit of information to add here is that I had no issue purchasing firearms once I had a green card many moons back. I think the OP would have been much better off waiting for that to happen, but that is now no longer an option.