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It's probably nothing, right? (2-day-and-counting NICS delay)

Discussion in 'Legal' started by Bernie Lomax, Feb 13, 2019.

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  1. Bernie Lomax

    Bernie Lomax Member

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    I've been delayed for a transfer and have been scatting gold bricks. Have no idea, but here are my theI've been delayed for a transfer and have been scatting gold bricks. Have little idea why, but here are my theories, some involving reasons I may actually be prohibited and some involving reasons I may be erroneously deemed to be prohibited.

    1. Way back in 2001, I was subject to a court order for psychiatric treatment. When my state got its new, improved NIAA restoration statute, I went in to get my rights restored, but the judge told me that there was no need, because the law in effect previously restored my rights automatically when the order expired. I've always had a bad feeling about this one, because I've always had the nagging fear that only my rights under state law were restored by the old statute and that I was still federally prohibited.

    2. It could be a recordkeeping screw-up regarding a DV misdemeanor I had expunged some years ago. I'm certain I'm not actually prohibited by this, but I may have some 'splainin' to do, as Desi Arnaz might say.

    3. I am currently on unsupervised probation for a non-DV misdemeanor. This is not a categorical prohibitor under the law, and I was not informed of any terms of probation, except to obey the law, so I'm fairly certain that this is not a problem.

    4. My name is extremely common among people of Irish descent and there are probably 20 prohibited possessors with my name in the greater Boston area alone.

    Please tell me I'm not screwed. I don't want to pay a 20% re-stocking fee on a $1,700 VEPR and suffer the humiliation of failing a check on top of it.

    Incidentally, even though I've been been into guns for 20 years, I've never bought one on paper before now, so that's why I'm so worried--I've never passed a check before.
     
  2. MikeInOr

    MikeInOr Member

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    Ughh.... that doesn't sound very promising. Since you have never done a legal transfer on paper before I understand why you are nervous. I wish you the best of luck but what ever happens will happen and stressing over it doesn't help anything... easy to say but I would be stressing too. The domestic violence misdemeanor would be my guess to be the issue.

    What state are you in? Massachusetts?
     
    Last edited: Feb 13, 2019
  3. PapaG

    PapaG Member

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    I have been delayed on every purchase for years. Nothing on my record other than a couple traffic tickets. My gun shop owner boss is also always delayed which is even wierder....he's a licensed federal firearms dealer and still gets delayed on a personal purchase. They always go through.
     
  4. Bernie Lomax

    Bernie Lomax Member

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    No , not in Mass. I was just trying to make point about how many of me there are around (Lots of Irish-Americans in Mass.)
     
  5. Spats McGee

    Spats McGee Moderator Staff Member

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    This is one of those scenarios where you really, honestly, just need to shell out the dough and go hire a lawyer. Like yesterday.
     
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  6. ilbob

    ilbob Member

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    or just wait and see what happens. it may come through.
     
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  7. SharpDog

    SharpDog Member

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    From the link:
    There are also instructions for filing an appeal against a denial or delay in the link:

    https://www.fbi.gov/services/cjis/n...inal-background-check-system-nics-appeals-vaf
     
  8. bikemutt

    bikemutt Member

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    A NICS delay may occur for many reasons, I wouldn't lose sleep over it, I know I don't. I get delayed all the time, with a UPIN. It's the government, they are large and move slowly.
     
  9. kenboyles72

    kenboyles72 Member

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    Every firearm I have purchased in the last 20 yrs, I have had a delay. Seems there are 10 other guys with my exact name and 5 are felons. Three day delay is all I've had. If a delay lasts more than three days, it goes to an automatic transfer to you without an approval. So on day 4, you could just go up to the place and pick up the firearm. Now that I have a License To Carry, I can bypass all that crap and take immediate transfer.
     
  10. bikemutt

    bikemutt Member

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    I don't believe the transfer is automatic if there's no response from the NICS. It's up to the FFL to decide is they will, or will not complete the transfer. Certain big box stores for instance, will not transfer a firearm without a proceed, period. I'm not trying to split hairs or be argumentative, just don't want to give the OP false hope.
     
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  11. Good Ol' Boy

    Good Ol' Boy Member

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    I read the OP as NON-DV misdemeanor.
     
  12. CoalTrain49

    CoalTrain49 Member

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    If you have an Irish name you're screwed.

    Just kidding. I'm always delayed. Don't loose any sleep over it.
     
  13. rscalzo

    rscalzo Member

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    Found this that may be the cause...

    Do I have to disclose an expunged domestic violence charge?
    There are certain situations where even if your domestic violence charge has been expunged you will have to disclose it. These situations include:

    • Running for public office
    • Licensure by any state agency
    • Licensure by any local agency
    • Contracting with the California State Lottery
    An expungement does not remove the requirement for registered sex offenders to be registered for life and it does not dismiss any firearm restrictions that were imposed at sentencing. If you face another domestic violence conviction, your prior conviction will also be used against you at sentencing if you are convicted even if your prior case was expunged.

    Expungements only are removed under certain conditions. when we ran background for employments, expunged charges appeared
     
  14. Wisco

    Wisco Member

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    I have never heard of someone in the incarceration/parole/probation system being allowed to possess weapons while they’re completing the terms of their sentence or otherwise under supervision.

    The charge and conviction isn’t always a prohibiting offense, but the terms of supervision almost always are in criminal cases and punishments.

    Read your probation paperwork.

    Federal gets the prohibiting paperwork from the state. The state doesn’t always send the resolution to the federal government. Your mental issue might have been sent to the federal level, but not the release. If you get denied, you’ll need to appeal to find out why.

    A real example of someone I knew: is arrested for felony assault. The judge orders the defendant not to possess weapons while the charges are pending. The county/state sends that up to the federal database. Charges dropped due to multiple witnesses recanting false statements and video evidence showing the witnesses as the perpetrators. Person off paper and fully out of the system. Denied NICS. The state never sent in the final disposition, just the arrest and charge info.
     
  15. Wisco

    Wisco Member

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    Also, an expungement isn’t a pardon.

    An expunged DV conviction is still a conviction, it’s just not public record in many places, but you bet the government still has the file. It’s just “sealed.”

    If you are asked by the government if you’ve ever been convicted of a crime of domestic violence, you should answer “yes” unless a lawyer you’ve retained can tell you otherwise.
     
    Last edited: Feb 15, 2019
  16. Styx

    Styx Member

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    I believe the OP stated the it was NOT a DV charge, conviction, or expungement
     
  17. GAF

    GAF Member

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    Bernie needs to come back to this thread and let us all know how / what happened.
     
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  18. Wisco

    Wisco Member

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    “2. It could be a recordkeeping screw-up regarding a DV misdemeanor I had expunged some years ago. I'm certain I'm not actually prohibited by this, but I may have some 'splainin' to do, as Desi Arnaz might say.

    3. I am currently on unsupervised probation for a non-DV misdemeanor. This is not a categorical prohibitor under the law, and I was not informed of any terms of probation, except to obey the law, so I'm fairly certain that this is not a problem.”

    I re-read a few times before posting and again now.

    And now that I’m back thinking about this...

    A non-DV misdemeanor is pretty broad, but a misdemeanor is still a criminal charge. Many misdemeanors carry a year or more incarceration in some locations, which is a prohibiting factor.

    If anything this thread illustrates the necessity in following the law because sometimes it’s not a giant leap from your garden variety mischief into becoming a prohibited person.
     
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  19. Styx

    Styx Member

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    This thread is also kind of pointless being that the OP never provided what state he lives in... There are many states add their own prohibitions in conjunction with federal law... For a recent example, some states prohibit 18 year olds from buying a rifle therefor they'd be deigned while in other states, they'd pass the BG check...

    After reading the OP again, it seems that he was court ordered to seek psychiatric treatment in the past, was charged with DV charge in the past that he has gotten expunged, AND he's currently on probation for a separate assult charge. If I were him, I'd look into getting anger management, and professional help to get a handle on why I'm repeatedly getting into legal trouble for violent crimes... Seems like having a firearm around could possibly be a recipe for disaster.
     
    Last edited: Feb 17, 2019
  20. BSA1

    BSA1 Member

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    How can you follow the rules of your Probation if you were never informed of it's terms?

    I did run into a incident a few years ago where I had someone that was on Probation threaten some staff at a Immediate Care Clinic when he did not get the drugs he wanted prescribed to him. (Fairly common for drug addicts to fake illness and either go or have their girlfriend go to a I.C. Clinic to get drugs prescribed). I discovered he was on Probation for traffic tickets which only meant It was until he paid his unpaid fines. I talked to his P.O. and essentially he said they didn't care what else he did as along as is it did not interfere with him paying his fines.

    Without knowing where you live, your prior criminal history and what your current conviction is for it is not possible to know if your probation is the same.

    But the best advice has already been given to you. Don't discuss you criminal history on the Internet and go see a lawyer.

    p.s. With a little investigation the Police now know you are attempting to buy a gun and, by own admission, own guns. Not good.
     
  21. Styx

    Styx Member

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    What state assigns a P.O. for non payment of traffic tickets? That doesn't sound right.
     
  22. Kendahl

    Kendahl Member

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    This is when very good self defense insurance is worth having. CCW Safe says they will pay for a lawyer to handle such a situation. Of course, you pay for it. Their annual premium is several times what ACLDN charges.
     
  23. BSA1

    BSA1 Member

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    Welcome to the Merry Old Land of OZ. (Kansas).

    Municipal Courts are often called Court of Revenue. Unpaid fines are a big issue in many places. It is common for bench warrants to be issued for unpaid traffic and parking tickets. Amass enough of them and the Police may be knocking on your door. Some cities and counties occasionally have a court fine forgiveness period where they will dismiss all of the outstanding warrants and fines if the offender pays a certain portion.

    Since it is a Court of Revenue putting someone in jail is counterproductive as it costs the government to house and feed the Offender.
     
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  24. BSA1

    BSA1 Member

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    This is very common.

    The problem with NCIC is it is garbage in / garbage out.

    In a previous life I spent three years running checks on new job applicants, visitor applications and annual checks on employees. In general Law Enforcement Agencies are very good about entering arrest information. Where the system breaks down is the Court is slow or doesn't even bother to enter the disposition of charges (original charge is reduced, found not guilty or dismissed). A felony Aggravated Assault charge may be reduced to a misdemeanor simple assault as part of a plea bargain. Defendant pays a fine plus court costs and all is done. However the Court Clerk never enters the disposition into NCIC.

    Now the other big problem is another law enforcement agency can not go in and enter the correct disposition. So for example the FBI can not change the information that Bay City Police entered. We would occasionally have to contact the Clerk of the Court where the arrest was made and get a certified copy of the sentencing disposition. Time consuming and a pain in the rear.

    Some Police and Sheriff Departments are understaffed or simply have a bad attitude about someone trying to buy a gun so they are not particularly interested in entering the disposition. Like hey what are you going to do? Sue us?
     
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  25. bikemutt

    bikemutt Member

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    ^^^^^
    This.
     
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