3 Day Wait Period...DENIED

Status
Not open for further replies.
Is soooooooooo sucks that some one got the info on you and made a decision
in 3 days......but cant send you the info for 3 mo. or more.Move to Oregon....Wa.
is a blue state when it comes to firearms.
 
Forklift352 said:
Is soooooooooo sucks that some one got the info on you and made a decision
in 3 days......but cant send you the info for 3 mo. or more.Move to Oregon....Wa.
is a blue state when it comes to firearms.
Click to expand...

What difference does it make if he lives in Washington or Oregon if NICS denied it?

After your NICS appeal, you can get a PIN number from NICS if you are eligible to purchase and that PIN number will keep this same issue from coming up again. It does look like the NICS appeal is the only thing to do for right now.
 
usually its your local law enforcement branch that stops the purchase see the person in charge of the brady act and ask what is stopping this legal tranfer of a weapon and take all documents of your case with you . you might have been approved by the atf and fbi but local police can stop the transfer of the weapon. remember they work for us the public. hope this helps.
 
A few points...

1) Appeal to whom? The NICs/FBI/ATF?

The only "appeal" process that I'm aware of is for persons that are wrongfully denied purchasing a firearm (mistaken identity, identity theft, person with the same name as a listed felon, etc).

That process can take anywhere from 6-8 weeks (been there...done that).

If a person is continually denied anytime they attempt to purchase a firearm, then one option is to apply for the "Voluntary Appeal File" program...

http://www.fbi.gov/hq/cjisd/nics/vafbrocheng.pdf

2) At one time appealing directly to the ATF/FBI to restore ones 2nd amendment
rights was possible, however, the Clinton era Congress refused to fund the program.

3 It's not just felonies that can raise a red flag. Certain misdemeanors will result in a denial as well. If a misdemeanor conviction carries a punishment of 2 1/2 years or more (even though a lesser punishment is imposed), then it would result in a lifetime disqualification.

As an example, in 1994 MA increased the penalty to 2 1/2 years for a 1st offense DUI. It's very rare (if ever), a person receives that sentence (or any jail time, but the conviction would still result in a denial.

Without knowing all the details, I think the OPs best chance would be to have the
charge expunged or if he's really gung-ho about it, apply for a pardon from the Governor (yes... people have succeeded in taking this route).

With that, I have a couple of questions for the OP.

Did you answer "yes" or "no" on the relevant part of the 4473 that asked about previous criminal convictions?

(if you answered "no", possible perjury charges could be filed against you. Wether or not you had forgotten about the offense or believed the charge/conviction was immaterial is irrelevant).

Did an ATF agent follow up and contact you regarding the denial (they visited the FFL and myself when I was first denied)?
 
You can not legally purchase a handgun at all, for any reason, until you are 21 even if you are as pure as the driven snow.
Click to expand...

At least not from an FFL. Depending on state law, an 18 year old can purchase and posses a handgun from a private seller (OPs circumstance excepted).
 
RE: Denied

I'm not 100 % certain, but muzzle loading firearms may be an option. Generally speaking, they're not really considered firearms.
 
There is any number of things that could have caused the denial.
1. Mistaken identity by the NICS people. If you have a common name, or at least a name in common with a prohibited person, it is possible that they made an error when they ran you, and denied it wrongfully. This is especially true if you chose not to provide your SSN.

2. Your record doesn't show a disposition for the weapons charge. It is possible that you were denied because of what they believe to be a pending case against you, even though it was resolved years ago.

3. An error was made somewhere along the line when your misdomeanor weapons charge was processed, and the record reflects a pending felony or a felony conviction.

There is a phone number that you can call to find out the reason for denial, something that might be in your interest to do before you submit your Voluntary Appeal File application.
 
I'm not 100 % certain, but muzzle loading firearms may be an option. Generally speaking, they're not really considered firearms.

thROFL1.gif

He was trying to buy an AR15, I don't think a CVA will do.
John
 
I'm pretty damn sure it is not a case of mistaken identity, I gave them my SSN and my last name is incredibly uncommon.

I tried calling NICS and they told me that due to some privacy act they could not tell me the reason for my denial, it had to be sent to me in the snail mail. What NICS did tell me was that there could have been a red flag from either the state or the federal branch, either one could be the cause.

No ATF agent has followed up with me. No any kind of agent has followed up with me.

I found this "Under Florida Statute Section 790.10, the charge of improper exhibition of a firearm or other dangerous weapon is a first degree misdemeanor which is punishable by 12 months in the county jail and a $1,000 fine. The charge of improper exhibition of a firearm or other weapon requires proof beyond a reasonable doubt of the following elements:"

Even in adult court the charge does not exceed a year. Mine was in juvenile court.

I thought expunging only prevented the public from seeing the conviction, someone like the FBI/ATF/NICS can still dig deeper than your common background check.

So what is the difference between a regular appeal and a VAF?
 
Are you positive you pled to what you think you pled to? You may end up having to send a certified, sealed copy of your record to the feds as part of your appeal.
 
I found this "Under Florida Statute Section 790.10, the charge of improper exhibition of a firearm or other dangerous weapon is a first degree misdemeanor which is punishable by 12 months in the county jail and a $1,000 fine. The charge of improper exhibition of a firearm or other weapon requires proof beyond a reasonable doubt of the following elements:"

Even in adult court the charge does not exceed a year. Mine was in juvenile court.
Click to expand...

If I'm not mistaken, the charges only have to have a sentence of a year or more, and it's no gun, ever.

That's one reason why, here in TN, most misdemeanors have a maximum sentence of 11 months and 29 days max, at very worst. ( Well, the ones other than the "domestic" or DUI variety. ) You'll note that's 1 day shy of a full year... It's that way on purpose.

However, as has already been stated, you need to talk to a real attorney, not a bunch of folks on the internet. 'Cause regardless of you patience, or lack there of, that's the only way you'll get a useful answer.

Good luck. I get the feeling you're gonna need it.

J.C.
 
A plea of Nolo Contender ("no contest"), in many states, including Fl, is a "guilty" plea that only has the advantage of making a subsequent civil or Tort action less of a slam-dunk for a potential plantif.

Nolo contendere is the Latin phrase for "No Contest". It is your way of saying to the judge, "Your honor, I have no defense - - I give up." It is tantamount to a "guilty" verdict.

The only reason to use "Nolo" is if your criminal actions also had Civil Action consequences. For example, if you caused an auto accident, that also resulted in the death or injury of someone, you may in fact be criminally liable. However, when you use "Nolo" in the Criminal Action, your verdict CANNOT be used in the Civil Action; i.e., the Plaintiff in the Civil action must PROVE all the elements of your liability. However, if you merely plead "guilty" in the criminal matter, the Plaintiff in the Civil Action can use your "guilty" plea as an admission of your liability in, and for, the Civil Action. A "guilty" plea acts as an "admission against interest".
Click to expand...

more here:

http://www.criminal-law-lawyer-source.com/terms/nolo.html

IAAL,
Les
 
You need to find out the reason before anyone can help you. It could be any number of things. Someone could have a stolen your id and is sitting in jail right now under your name. You never know until you find out what happened.

I would just like to point out one thing. If your friend buys a gun, then sells it to you, that is a straw man purchase. (what was discussed before, and you know that is illegal now)

I would just like to point out that other private transfers that are not straw man purchases are also illegal unless this is a case of mistaken identity. You can buy a gun privately without a background check in some states, but if you are not allowed to buy one from a dealer, you aren't allowed to buy one privately (because you aren't allowed to possess one).

You probably understand this, just want to make sure this point is cleared up.
 
I'm pretty damn sure it is not a case of mistaken identity, I gave them my SSN and my last name is incredibly uncommon.

I tried calling NICS and they told me that due to some privacy act they could not tell me the reason for my denial, it had to be sent to me in the snail mail. What NICS did tell me was that there could have been a red flag from either the state or the federal branch, either one could be the cause.

No ATF agent has followed up with me. No any kind of agent has followed up with me.

I found this "Under Florida Statute Section 790.10, the charge of improper exhibition of a firearm or other dangerous weapon is a first degree misdemeanor which is punishable by 12 months in the county jail and a $1,000 fine. The charge of improper exhibition of a firearm or other weapon requires proof beyond a reasonable doubt of the following elements:"

Even in adult court the charge does not exceed a year. Mine was in juvenile court.

I thought expunging only prevented the public from seeing the conviction, someone like the FBI/ATF/NICS can still dig deeper than your common background check.

So what is the difference between a regular appeal and a VAF?
Click to expand...

Is it possible that you have any warrants out on you right now (even for something petty, like unpaid traffic tickets)? That is another very common reason for denial.

Here is the VAF Brochure: http://www.fbi.gov/hq/cjisd/nics/vafbrocheng.pdf
 
All a DENIAL means is that firstline people doing the background check ran into something that they couldn't resolve in the three days. Who knows what. The only thing you can do is follow the appeal process and wait for an answer. I hope you remembered to send in the fingerprints with the appeal. Thats their primary ID and you can't get any information until they have them. I went through this twice and finally got UPIN so no more problems. I never got a reason for DENIAL, just a reversal of the DENIAL. More than 30 days had gone by so I had to go through another background check. NICS records are closed after 30 days unless you have the UPIN. Instructions for getting the Unique Person Identification Number are in your appeal package.
 
in Juvenile Court - I plead No Contest to an Improper Exhibition of a Weapon charge
Click to expand...

Personally I would be interested in the facts of your arrest. There are the type out there who gives gun owners a bad name. I think there are some people shouldn't have guns because they lack the maturity to be trusted with them.

Not judging at this point, but would be interested in the reason you got busted.
 
No ATF agent has followed up with me. No any kind of agent has followed up with me.
Click to expand...

They likely won't, until well after you start the appeal process. I'd wager that no one in the ATF has ever heard your name.

You tried to buy a gun. Your dealer ran a background check, and someone at NICS, which is run by the FBI, saw something that made them deny the sale. Typically this is a felony or a misdemeanor crime of domestic abuse or a clerical error. Without know exactly what happened with your case, there is no way to know if this is a clerical error or something else.

As far as the gov't is concerned, some guy tried to buy a gun and was denied. Unless you have some sort of warrant out, they aren't likely to think about it again until you file the appeal paperwork.

Call your dealer and get your NICS transaction number. I can't remember everything that goes into the appeal but I believe you'll need that.


If I'm not mistaken, the charges only have to have a sentence of a year or more, and it's no gun, ever.
Click to expand...

The language on the 4473 for felony is "more than one year.," so exactly one year should be OK.
 
Last edited:
The language on the 4473 for felony is "more than one year.," so exactly one year should be OK.
Click to expand...

It may very well be. I'm certainly in no position to say, one way or the other.

My point though was that a little thing like one day... 11 months and 29 days vs. 1 year... can make a big difference. ( How does the law define a year? 12 months? 365 days? Twelve 30 day periods? All of those definitions can be argued with, if a person cared to. )

I don't know exactly why the OP was denied, and am not going to pretend I do.

However, that old saying "the devil is in the details" was never more accurate or carried more weight than when it's applied to our legal system. And since it's attorneys that have the job of arguing those details, I'm quite sure gt3154 needs one of them rather than all of us.


J.C.
 
I think there are some people shouldn't have guns because they lack the maturity to be trusted with them.
Click to expand...

So what do you propose, that we make it against the law for someone convicted of a misdemeanor to have gun? So who is going to decide who is "mature" enough to own a gun?
 
So what do you propose, that we make it against the law for someone convicted of a misdemeanor to have gun? So who is going to decide who is "mature" enough to own a gun?
Click to expand...

I am not proposing anything, but someone convicted of doing stupid things with a gun, acting in a stupid immature and reckless manner maybe shouldn't be allowed to continue to have a gun. That might not be a popular opinion, too bad. If someone makes a habit out of stuff like waving a gun around in public for no sane reason, maybe shooting a gun off in town for no reason, stuff like that, shouldn't be allowed to have a gun.

And if you notice, I said I would be interested in the circumstances of his arrest and conviction. Not judging, but asking what happened. If he does stupid things with guns and makes a habit out of making gun owners look bad, I wouldn't be upset if he were not allowed a gun in the future.
 
you can file your record to get expunged. (if anything happened when you were under 18 or something). Juvenile court

Thats what i did, i made ONE mistake during teenager time. My expunged letter should be here by this month. (i' am hoping for it)

so i can file alien firearm license and go hunting with friends next year. lol
 
FWIW, brandishing a firearm in Michigan can result in denial of a permit to purchase a pistol and for concealed carry. (This might fall into the 8 year category, but, could fall into the "forever" category.)

For a rifle, (i.e., NICS approval), this could stay on your record forever. You need to talk to an attorney to get it expunged IMHO.

Brandishing a firearm is a serious violation when it comes to getting approval to purchase a firearm from my layman's reading on this subject.

Go to an attorney!! Good luck!!
 
Status
Not open for further replies.

Similar threads

H
  • Locked
Denied Concealed Carry Permit in PA
Replies
24
Views
3K
unloved
U
H
  • Locked
Denied By NICS
2
Replies
48
Views
4K
Frog48
F
R
  • Locked
Nics Check
2
Replies
35
Views
4K
Riceman98
R
J
  • Locked
Question regarding NC gun laws and mental status.
Replies
1
Views
279
WNC Seabee
W
J
  • Locked
Denied? Why was I denied??
2
Replies
47
Views
4K
mike288190
M
Back
Top