CBI denied and I am appealing, any advice?

[ykang213]

i wanted to purchase a custom 9MM from my local gun dealer but was surprised when Colorado Bureau denied me since I have passed the FBI level background check (i taught English abroad for a year).

The gun store said it could be anything from an unpaid parking ticket (i don't have any in CO i am aware of) or even something like someone having a name common to mine and being a felon or has a past criminal record. I do not have any felonies and/or warrants


I appealed but I am concerned about how lengthy this process could be, do i need to contact a Lawyer? Thanks for any advice, I appreciate it

also, can I purchase a Gun at a Gun Show out of state or even in-state?

 

[bdickens]

also, can I purchase a Gun at a Gun Show out of state or even in-state?

No.

 

[jmr40]

can I purchase a Gun at a Gun Show out of state or even in-state?

I don't think you can legally in CO. In some states you can legally purchase from an individual as long as both are legal residents of the same state and all other applicable laws are followed. Never legally from out of state. And since you've already been denied you may not be legally able to own a gun. I wouldn't try to even if face to face sales are legal where you live until this is cleared up. You can be in serious trouble otherwise.

I'd follow the appeal process without a lawyer at this point. You need to find out WHY you were denied, then you may need a lawyer. But before paying for a lawyer you need more information. You may be able to easily fix this without a lawyer, or you may find that there is a legitimate reason why you cannot purchase a gun.

 

[boom boom]

You cannot purchase firearms across state lines without going through a FFL or shipping through an FFL. And you cannot purchase a handgun across state lines without an FFL. (C&R is an FFL but limited in its reach).

Here is the appeals process
https://colorado.gov/pacific/cbi/appeal

Note that you have a limited time to file the appeal and not challenging it could have long lasting consequences.
"If you have been denied by the Colorado Bureau of Investigation for the purchase of a firearm, you have the right to appeal the decision. In accordance with both state and federal privacy laws, we are unable to disclose the reason(s) for your denial over the telephone, nor do we handle appeals in person. In order to appeal, you MUST submit your intent to appeal in writing within 30 days of your denial. If not provided by the FFL at the time of denied firearm purchase, please use the form below: "

 

[Milt1]

In order to purchase a handgun in the state that I live in you either have to have a CCP or a handgun permit from the sheriff in the county that you live in. If it's the same in Colorado, go to the Sheriff's Department and ask them if they know what the problem is.

 

[Texas10mm]

In order to purchase a handgun in the state that I live in you either have to have a CCP or a handgun permit from the sheriff in the county that you live in. If it's the same in Colorado, go to the Sheriff's Department and ask them if they know what the problem is.

It's not, and he's talking about the background check.

 

[Milt1]

It's not, and he's talking about the background check.

I understood what he said and even if there's a difference in the way my state and his state handles pistol permits his local sheriff may be able to help him in understanding why his background check failed. That is what I would do and it's much cheaper than hiring a lawyer. In other words what has he got to lose in asking his sheriff?

 

[1942bull]

I advise you to hire a lawyer who deals with gun issues to represent you for the following reasons. 1) Your request for information about why will be taken more seriously. 2) It will be faster because a gun lawyer will know exactly what to do and you do not. 3) the denial is a legal issue since you were denied un a CO law. "The man who is his own lawyer has a fool for a client." (Atty. Henry Kitt, 1814). Unless you are prepared to and capable of making a legal argument DON'T.

 

[Texas10mm]

I understood what he said and even if there's a difference in the way my state and his state handles pistol permits his local sheriff may be able to help him in understanding why his background check failed. That is what I would do and it's much cheaper than hiring a lawyer. In other words what has he got to lose in asking his sheriff?

His sheriff likely doesn't know. There is no permit needed, no trip the sheriff. Even in your state you could have the permit and get denied on the background check at the point of purchase.

 

[MEHavey]

Actually, CBI appears to take a rather proactive* stance on appeals.
Rule of 30/30 applies....



* (at least on paper)

Key is appealing in that 30-day window from denial

 

[Kleanbore]

.

I advise you to hire a lawyer who deals with gun issues to represent you for the following reasons. 1) Your request for information about why will be taken more seriously. 2) It will be faster because a gun lawyer will know exactly what to do and you do not. 3) the denial is a legal issue since you were denied un a CO law. "The man who is his own lawyer has a fool for a client." (Atty. Henry Kitt, 1814). Unless you are prepared to and capable of making a legal argument DON'T.

That's god advise.

There is a fourth reason: you may end up needing the advantage of attorney-client privilege to keep the communication private.

We'll end this here.

Act promptly.