Interpol, NICS and 2A

[bikemutt]

This one blindsided me last week. I have friend who was denied a firearm transfer and says she believes it's because of a youthful indiscretion in a foreign country. The charge and subsequent conviction is the equivalent of a state side felony. She says she has an Interpol record. She has no criminal record in the United States. She is a natural born US citizen.

My questions are, can a "felony" conviction in a foreign country be a prohibiting factor with respect to firearms possession in the US? If so, can the record be expunged? If so, how?

On a side note, I thought I'd seen and heard it all, then this....

 

[Ron James]

I wasn't aware they checked Interpol but yes, I guess Interpol would be on the computer. Her offence was probably a drug bust.

 

[bikemutt]

I think you are right about the drug bust, I'm trying to read between the lines myself.

 

[GRIZ22]

I have friend who was denied a firearm transfer and says she believes it's because of a youthful indiscretion in a foreign country.

If it was drugs that's more than a youthful indiscretion in many countries. I have known people to get 20-30 years in a foreign prison for a "youthful indiscretion". If that is the case your friend is lucky.

 

[gc70]

I have friend who was denied a firearm transfer and says she believes it's because of a youthful indiscretion in a foreign country.

Your friend is probably wrong. SCOTUS held in Small V. United States (03-750) 544 U.S. 385 (2005) that "Section 922(g)(1)’s phrase “convicted in any court” encompasses only domestic, not foreign, convictions." Your friend can thank the liberal wing of SCOTUS for that decision.

 

[hso]

Lots of assumptions.

NICS may or may not interface with Interpol, but why would it?

A felony outside the US is not automatically a felony equivalent in the US.

What someone tells you may not be true.

 

[bikemutt]

I've tried making a few suggestions but keep hearing "I tried that" or "I did that". Still, the only attorney consulted to date has been a general practice local lawyer who probably has only tangential knowledge of firearms-related law. I suggested she talk to a firearms rights attorney, there's no shortage of them in these parts.

I told her to appeal the darn thing in order to find out why it was denied, it's not the first time this has happened. She feels she shouldn't have to do that and wait 6 months when the crime "doesn't count here". Well, the timing was not right for me to point out that it doesn't really matter what's truly right or wrong, only what NICS believes. Plus, if the last one had been appealed the entire thing may have been resolved by now.

Anyway, I'm going to see what sort of suggestions bloom here, add a few of my own and send them off. Perhaps once anger, pride and frustration yield to acceptance and clear thought, she'll see fit to solve this problem for good one way or another.

 

[Midwest]

Several points to consider.

Wasn't there cases of U.S. citizens who were caught with ammo or ammo casings in their car in Mexico and getting locked up? So if and when they were released and came back to the U.S. ...did they lose any 2A rights because they committed a ("serious") crime in that country?

So then how would that authority from that country (or any country for that matter) contact U.S. authorities and put them on a 'list'. If an American is arrested and thrown in jail ...who notifies whom? And when? Would Immigration or the State Dept be involved?

Countries like Australia ask for background information for people moving there from another country in order to get a firearms license (licence). I'm sure Canada and others ask the same questions.

I would assume the licensing authorities in those countries get background checks from US LEO's/NICS in order to process licenses in those countries. And if the reverse is true, do any U.S. authorities do background checks (from another country) in addition to NICS ? Then again, if the person in question has a criminal record...chances are they won't even get a green card?... I AM NOT A LAWYER

But since the party in question is a natural citizen and regarding this situation...it would seem to only complicate things as it is not so clear cut . I'd like to know the answer too.

 

[bikemutt]

Another interesting fact is she is subject to annual background checks as a condition of employment. I'm not at liberty to mention the occupation, but it involves youngsters and their education. Whatever this trouble is, it apparently doesn't rise to a sufficiently high level to disqualify her from her job, one she's held for many years. I've been told it does show up on the background check reports.

Another reason I think it's vital to get this sorted out is Washington recently passed a law which will require concealed carry permit applicants to essentially pass a NICS check. This includes applicants seeking a renewal of their carry permits. The purpose of this law as I understand it is to make sure that applicants who may not be prohibited by State law, but are prohibited by Federal law, don't get approved. The clock it is ticking on that one.

 

[vaherder]

Interpol and NICS

They dont talk. NICS doesnt check Interpol. Interpol is a separate database and Feds can check it if you have traveled overseas or lived overseas.

 

[mgkdrgn]

I told her to appeal the darn thing in order to find out why it was denied, it's not the first time this has happened. She feels she shouldn't have to do that and wait 6 months when the crime "doesn't count here". Well, the timing was not right for me to point out that it doesn't really matter what's truly right or wrong, only what NICS believes. Plus, if the last one had been appealed the entire thing may have been resolved by now.

If she isn't going to appeal it via the proper channels (ie, NICS), then it isn't going to get fixed. Period. She's been told what she has to do, if she doesn't want to do it, that's her problem. Personally, I'd stop wasting my breath on the subject.

 

[ants]

Perhaps she isn't telling you the whole story.

Plus, if the last one had been appealed the entire thing may have been resolved by now.

The last one ? You mean she tried to buy a gun previously, and was denied?

She's got a problem to straighten out. Best to let her do that alone.
Sometimes friends back off a bit, just to save the friendship.

 

[bikemutt]

mgkdrgn, ants, good advice. Taken.

I've done all I can do including a solid lawyer referral.

Mods, please feel free to close this one.