3 Day Wait Period...DENIED

[cassandrasdaddy]

thankfully 12 months does not mean the same thing as a year in legal doublespeak

 

[Erik M]

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?

If an underage kid gets his dads .45 and shoots up a bunch of neighbors mailboxes then no, he should not be allowed to buy a firearm when he comes of age, at least for a perdetermined ammount of time or some type of training is administered.

If the OP pled no-contest to a firearm related charge, no matter the seriousness of the charge then im positive that this isnt a 'clerical error' on the part of the NICS operations center

 

[Cosmoline]

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.

What I do frequently--open carry--would be considered serious brandishing in many states. Also, I think it's a bit excessive to advocate elimination of the RKBA for a negligent discharge. That would sure rule me out! And a lot of other very experienced shooters. You don't necessarily want the captain who's *never* been in a shipwreck.

 

[Rio Laxas]

If the OP pled no-contest to a firearm related charge, no matter the seriousness of the charge then im positive that this isnt a 'clerical error' on the part of the NICS operations center

It makes no difference whether or not it was a firearms related charge. What matters is whether or not it was punishable by more than a year in prison or jail. From the information provided, it looks like the charge is a misdemeanor punishable by no more than a year. Like it or not, that's the way it works.

Also, I think it's a bit excessive to advocate elimination of the RKBA for a negligent discharge.

Agreed.

 

[Erik M]

It makes no difference whether or not it was a firearms related charge. What matters is whether or not it was punishable by more than a year in prison or jail.

This is true, as it related to questions 12c and 12b on the form 4473. This would tell the FFL that the buyer would be disqualified from purchasing the firearm.

When the FFL picks up the phone to call the NICS Ops Center and relays the information to the CSR they will not be asked what the buyer answered on questions 12 b & c. Those questions are assumed ansered in the negative as it is the responsability of the FFL to check them.

When a CSR clicks search and the data is queryed against the NICS database it does matter what is on the op's criminal record, gun related or not. So while questions 12b & c ask the 'one year' question, there is no correlation to those questions and the decision that the automated system makes. If you commited a crime and pled out for less jail time you still committed a crime and that will get your name pulled on a check, most likely at the state level in OP's situation.

 

[Rio Laxas]

Just because there is no correlation between how the form is answered and what the NICS operator sees (yes I am aware they are looking at criminal records), does not mean that the NICS operator is allowed to disqualify a person for anything they see fit. If the maximum sentence for the crime to which the person pled guilty or no contest is one year or less, then it is not disqualifying federally and they are not supposed to issue a denial.

A person can be charged with a felony and they plea to a lesser charge punishable by no more than a year, and they have not been convicted of the felony but rather the lesser charge. Now perhaps if the charge was in fact pled down from a felony this could cause confusion on the part of the NICS operator, but that does not make it a valid denial.

Now, I don't know if NICS has any role in determining if the purchase conforms to state law. Does the state of Washington add any eligibility restrictions for transfers in addition to federal law?