I've lurked here for quite some time, just never bothered to create an account.
I'm not sure where to begin this post, but, I've had a Czech VZ-24 rifle since I was 12 and a Webley & Scott Mk.VI revolver since I was 16. Obviously, I didn't buy them, they were gifts, which my mother purchased for me. They were never transferred out of her name even once I became of age.
Anyway, now for the interesting part. I got into some legal trouble in college, I was arrested for possession of marijuana and paraphernalia in April of 2009 in Indiana where I was going to school. Went through a pre-trial diversion, did my drug awareness class and got off informal probation in about October of 2010. Then I got arrested again for possession of marijuana in my hometown of Houston in December of 2010. I tried desperately to have the charges dropped, but the county is notoriously strict even on the most banal drug charges - I didn't start probation until November 16 of 2011. I've completed all the requirements of probation, have never missed an appointment, paid off my fine, consistently pay my probation fees, and have never failed a UA.
It's important that I mention that in May of 2011 I had stupidly pawned my VZ-24 as I was an unemployed student at the time. Got it out of pawn in July, filled out the 4473, and I marked 'no' on the question asking if I was a user or addicted to illegal narcotics. Instant background check didn't go through, so they told me if I didn't hear back from them in three days everything was fine and I could pick it up. Three days went by and I picked up my rifle.
At the end of November, I received a letter from the Houston office of the BATF. I can't quite locate it at the moment, but in short it stated that even though the instant check didn't pull anything up, the ATF (or maybe FBI) can still do a more indepth criminal background check within thirty days of the original check. It went on to mention that I was a user of illegal narcotics (marijuana), and as such, was not permitted to possess firearms. Instead of disposing of the rifle and pistol, the agent allowed me to have them put into my mother's storage unit and my mother agreed to sign an affidavit decreeing that they were in storage and I had no access to them (I don't). When my mother went in for the affidavit, she asked the agent when I would be able to have them back, to which she was told a year after I had successfully completed my probation.
I've cleaned up my life since then, and I haven't used marijuana since the arrest. I'm grateful that I have a chance to get them back legally, and I'm willing to wait it out.
However, something that struck me as odd was that I received this letter far later than the 30 extra days for the more extensive background check. When I started probation, I specifically asked my probation officer if it would violate my probation by having firearms in the house, and I was told not at all as it was a misdemeanor. Can it be more than bureaucratic delay between, say, late August after the additional 30 days expired and the end of November when I received the letter?
I've had this rifle for about a decade, and it really pains me to have it taken away. It seems like everyone I tell this story to has never heard of anyone being unable to possess firearms for a misdemeanor pot charge, I certainly never thought it a possible consequence of experimental drug use.
What I'm trying to get at is that while I'm not willing to commit any crimes by violating what the ATF agent told me, I'd really, really, really like to not wait another year before I can take my rifle to the range again, or finally splurge on some Fiocchi .455 Webley. It was also a goal of mine to buy myself a pistol on my 21st birthday, which didn't happen and won't until I can shake this.
Is there any sort of legal manner in which I could have my rights restored prior to the additional year after my probation is over this November?
I appreciate that these laws are in effect to keep firearms out of the hands of possibly violent criminals, but I've never committed a violent or aggravated crime, nor have I ever even been charged with a felony. Yet I'm not legally allowed to possess a bolt action rifle and a hundred year old revolver.
I'm not asking for anyone to be my attorney, I'm just trying to figure out if this would be something worth taking to an attorney.
Thanks for the help.
I'm not sure where to begin this post, but, I've had a Czech VZ-24 rifle since I was 12 and a Webley & Scott Mk.VI revolver since I was 16. Obviously, I didn't buy them, they were gifts, which my mother purchased for me. They were never transferred out of her name even once I became of age.
Anyway, now for the interesting part. I got into some legal trouble in college, I was arrested for possession of marijuana and paraphernalia in April of 2009 in Indiana where I was going to school. Went through a pre-trial diversion, did my drug awareness class and got off informal probation in about October of 2010. Then I got arrested again for possession of marijuana in my hometown of Houston in December of 2010. I tried desperately to have the charges dropped, but the county is notoriously strict even on the most banal drug charges - I didn't start probation until November 16 of 2011. I've completed all the requirements of probation, have never missed an appointment, paid off my fine, consistently pay my probation fees, and have never failed a UA.
It's important that I mention that in May of 2011 I had stupidly pawned my VZ-24 as I was an unemployed student at the time. Got it out of pawn in July, filled out the 4473, and I marked 'no' on the question asking if I was a user or addicted to illegal narcotics. Instant background check didn't go through, so they told me if I didn't hear back from them in three days everything was fine and I could pick it up. Three days went by and I picked up my rifle.
At the end of November, I received a letter from the Houston office of the BATF. I can't quite locate it at the moment, but in short it stated that even though the instant check didn't pull anything up, the ATF (or maybe FBI) can still do a more indepth criminal background check within thirty days of the original check. It went on to mention that I was a user of illegal narcotics (marijuana), and as such, was not permitted to possess firearms. Instead of disposing of the rifle and pistol, the agent allowed me to have them put into my mother's storage unit and my mother agreed to sign an affidavit decreeing that they were in storage and I had no access to them (I don't). When my mother went in for the affidavit, she asked the agent when I would be able to have them back, to which she was told a year after I had successfully completed my probation.
I've cleaned up my life since then, and I haven't used marijuana since the arrest. I'm grateful that I have a chance to get them back legally, and I'm willing to wait it out.
However, something that struck me as odd was that I received this letter far later than the 30 extra days for the more extensive background check. When I started probation, I specifically asked my probation officer if it would violate my probation by having firearms in the house, and I was told not at all as it was a misdemeanor. Can it be more than bureaucratic delay between, say, late August after the additional 30 days expired and the end of November when I received the letter?
I've had this rifle for about a decade, and it really pains me to have it taken away. It seems like everyone I tell this story to has never heard of anyone being unable to possess firearms for a misdemeanor pot charge, I certainly never thought it a possible consequence of experimental drug use.
What I'm trying to get at is that while I'm not willing to commit any crimes by violating what the ATF agent told me, I'd really, really, really like to not wait another year before I can take my rifle to the range again, or finally splurge on some Fiocchi .455 Webley. It was also a goal of mine to buy myself a pistol on my 21st birthday, which didn't happen and won't until I can shake this.
Is there any sort of legal manner in which I could have my rights restored prior to the additional year after my probation is over this November?
I appreciate that these laws are in effect to keep firearms out of the hands of possibly violent criminals, but I've never committed a violent or aggravated crime, nor have I ever even been charged with a felony. Yet I'm not legally allowed to possess a bolt action rifle and a hundred year old revolver.
I'm not asking for anyone to be my attorney, I'm just trying to figure out if this would be something worth taking to an attorney.
Thanks for the help.
