Tag Archives: getting denied by NICS in Dickinson North Dakota

How People Are Illegally Denied A Firearm Purchase In Dickinson North Dakota

In my previous blog post article, I wrote about how the manager of a gun store in southwest North Dakota was illegally using gun buyers’ personal information from their NICS paperwork that was kept on file at this store.

Although firearm purchases were being handled by store employees, who had the gun buyer complete the NICS paperwork, and then called the NICS system while the customer was standing there, at a later point in time after the customer had left the store, the manager of the store got into the gun buyers’ files, and used their personal information to look them up on the internet.

Some readers are thinking, “So what, what difference does that make?”  To many gun buyers, they believe that the Second Amendment To The U.S. Constitution where it says “the right to keep and bear firearms shall not be infringed” means what it says.  People who buy guns from an FFL licensed gun store know that part of the law now is that the store must have the gun buyer complete the NICS paperwork, the store will call this information in to the NICS center, and will receive the response “Proceed”, “Delay”, or “Deny” the purchase.  Many gun buyers don’t like this, but this is the process now.

What is not part of the process, is other people at a gun store who are not involved in the gun sale and NICS personal information transmittal, to later go back through gun buyers’ files and look them up on the internet.  If you read my previous article, all gun store employees must complete and sign and FFL Form acknowledging that they can not use the NICS information for unauthorized use.

The reason why I wrote the previous article and am now writing this article, is because a friend of mine has been prevented from purchasing a firearm for the past 2-1/2 months because of the actions of this particular gun store manager in southwest North Dakota.

My friend who is in his early 50s, in March-April of 2020 he completed classroom instruction, written tests, shooting tests, paperwork, photo submittals, fingerprinting, and FBI background check in order to receive his North Dakota concealed weapons permit.

One advantage of obtaining a concealed weapons permit, is that it certifies that the background checks have been completed, and that the permit holder is legally authorized to own firearms.  Usually, the NICS check and the FFL gun store firearm purchase proceeds much more smoothly if the buyer has a valid concealed weapons permit.

In May, my friend with his new North Dakota concealed weapons permit was able to purchase a 9mm handgun in Dickinson without any NICS delay.  In June he purchased a smaller concealed carry .380 handgun with no delay.  In July he had to return his newly purchased .380 handgun to the manufacturer due to a defect.  In August this manufacturer sent my friend a replacement 9mm handgun in lieu of repairing the defective .380 handgun.

In September my friend attempted to purchase a .22 rifle from a gun store in southwest North Dakota.  He was told by this gun store that his purchase was delayed by NICS, but no reason was given.  My friend could not understand this delay, nor could I, nor could his other friends.  He had a valid North Dakota concealed weapons permit, this should not have happened.

At first, when my friend was finally able to contact an actual person at NICS, they told him that he was purchasing too many firearms, that he would be delayed until the end of September.  Then, throughout October my friend was delayed in purchasing any firearm.  Then throughout November my friend was delayed in purchasing any firearm.  Being prevented from purchasing any firearm for September, October, and November, this isn’t really a delay, it’s a denial.

What happened?  How did my friend who obtained his North Dakota concealed weapons permit in May, who was able to purchase one handgun in May, one handgun in June, and receive a replacement handgun from a manufacturer in August, why did he become banned from purchasing any firearm by NICS immediately after attempting to purchase a .22 rifle from a gun store in southwest North Dakota?

My friend, myself, and his other friends began to believe that the gun store where he tried to purchase the .22 rifle had “Red Flagged” my friend.  By “Red Flagged”, we mean that the gun store made some kind of written or verbal statement to the NICS center that my friend was prohibited from owning firearms, such as being mentally ill, mentally incapacitated, a drug-addict, currently facing criminal charges, convicted of domestic abuse, or some such thing.

When I began talking to this gun store manager, that is when he admitted to me that he was going back into gun buyers’ files, and using their personal information on the NICS application to look them up on the internet, to see who they were, what they were doing, and decide what he was going to do to them.

Because of this gun store manager’s actions, my friend has been unable to buy any firearms at any gun store in Dickinson for the past 2-1/2 months, though he has a valid North Dakota concealed weapons permit.

If you are a gun owner in Dickinson, you need to think twice about trying to purchase a firearm from a gun store in southwest North Dakota, because a store employee could just Red Flag you to NICS after going through your personal information and looking you up on the internet.