Received letter from ATF

Status
Not open for further replies.
S

sho'nuff

Member
Joined
Sep 12, 2009
Messages
26
I purchased a firearm recently that was shipped to my FFL. About 2 weeks later I get a letter from the ATF stating that they received information from the FBI that I "may be a persion who falls within one of the prohibited categories set forth below: convicted of a felony offense."

Just fyi I have never been arrested, never been to court, never been in jail, never been in trouble in all (besides one speeding ticket).. I have 0 criminal record. In fact few days prior I received my CCW in which I had to send my fingerprints to the FBI as part of my application. Prior to this purchase, I also purchased 2 other firearms from Cabela's withing the last 6 months and had no notification on those transactions.

My question is ... Has anyone had any experience in dealing with the ATF on this matter? I am thinking its some sort of scam or classic ATF incompetence.
 
Hand the letter and your story to a competent lawyer.
Click to expand...

Absolutely do this and nothing else. And I wouldn't post any more info here.

I'd guess you have the same first and last name as a different person who is a felon, but I'm only guessing. Let a lawyer handle this for you. Much cheaper in the long run to get a lawyer now than to risk this developing into actual criminal charges.
 
Get the lawyer quick. Should be handled in short order. You have plenty of evidence in your favor and the lawyer will probably have to do nothing other than send a letter somewhere.
 
I've never encountered any such interface with the ATF. Sounds scamish, alright. It could be ATF fishing, too. I'd take Ed Ames' advice. Otherwise, until someone from the ATF(or FBI, State Police, a Sheriff, US Marshall or whatever) shows up on your door step, warrant in hand, I'd not sweat it. This is my opinion. Your mileage may vary.

Woody
 
I think the hysteria here is a little intense. If the ATF was sure of anything they would come pick you up, not send a letter. A former friend (she died in a car wreck) worked for the ATF picking up felons with guns and she didn't send a letter first.

I am sure the letter had a name and address of who sent it. I'd verify the name and address in the letter are real (should be easy with a phone call), send them a letter summerizing what you just said (about no arrest record, getting the CCW and fingerprints to the FBI) and include a copy of the CCW.

At the bottom of the letter thank them for their time and wish them a nice day. A lawyer will do the same but charge you $300 (at a minimum) for the letter.
 
Maybe you have the same name as a convicted felon and they're clarifying...hence the "maybe someone prohibitied". I wouldn't worry, I'd just see what they need to straighten out the misunderstanding. If they really wanted to give you a hard time I imagine it wouldn't start with a letter.

Edit: where does everyone get money for these lawyers?
 
When applied for my C&R bout 10 years ago, I got a letter about an unresolved court issue I had on a minor siuation in 1972.
I simply called them up and explained the situation.
Very minor misdemeanor and fine paid.
I happened to have a reciept related to it and sent them a copy.
Got the license a week later.
If you are clean as you claim, ypu goy no reason to panic.
Call 'em up.
 
I do not fully understand the situation. Did you get a pass from the Brady check and get to take the weapon home and then sometime later get a letter from the F Troop, or was your Brady check denied and you subsequently got a follow-up letter?
 
I wounder if the CCW Permit Background check was on the same day or week you picked up your Firearm? Which probably created a flag in there system
 
No I passed the nics check and received the firearm. Again no criminal record.... this is an ATF snafu for sure. I showed the letter to a local police officer and he said it looks legit.
 
It's very odd that you would pass the Brady check and THEN get this letter. Does the letter actually request that you do anything?
 
No I passed the nics check and received the firearm. Again no criminal record.... this is an ATF snafu for sure. I showed the letter to a local police officer and he said it looks legit.
Click to expand...
NICS is run by the FBI. If there is a mistake that's most likely on the FBI's end not ATF. The FBI simply refers incidents of NICS denials or delayed NICS denials to ATF to allow ATF to investigate why a person who may be prohibited might have attempted to purchase a firearm.
 
Yes, it is applicable. The letter is the equivalent of NICS denial. The FBI, who runs NICS, is saying that the transfer should have been denied, and referred the matter to ATF for follow up.

If I were to get one of those letters I would contact the ATF ASAP. If you are uncomfortable doing that, then contact a lawyer who can contact ATF for you.

Regardless, the info NICS denials is extremely relevant because now that the FBI has made that determination it will cause problems on future NICS checks also.
 
Did you put your SSN on the 4473?

The tin foil hat crowd will tell you you're a fool if you do, but doing so is supposed to avoid this situation.
 
I normally agree with your thought that it's not a huge issue...you don't need a lawyer for every government interaction...but in this case, BATFE has stated their belief that the OP is likely a prohibited person in possession of a firearm. In other words, stated their belief that the OP is engaged in a criminal act. If the OP's attempt clear up the "misunderstanding" inadvertently clouds the issue, the next step can (and has, for other people) become very very expensive and life disrupting.

Why risk it?
 
There are two ways the OP can cause himself trouble. He can lie, or he can incriminate himself. From the facts as stated, how exactly is he going to incriminate himself? I think the fact that he baught the gun is not in question.

He would only need a lawyer if the facts are such that they could be construed to build a case against him. If he is the sqeekly clean he states (and that I think pretty much we all here are) a lawyer will just cost him money and won't save him.

I don't have any unregistered SBRs, SBSs, AOWs, I am not a felon, don't have any 922r issues, never arrested, never suspected of a crime. I think I could talk to the ATF all day long and outside of borring them, I won't be very helpful in building a case against me because no law was broken by me.
 
More importantly, in our justice system, it is NOT incumbent on the accused to prove his innocence......rather the accuser, apparently in the matter at hand, the ATF, must prove that person's guilt!

Personally I'd ignore such a letter, I would NOT spend money on legal services until I absolutely had to. At that point I would also be filing a civil action against the person or agency bringing such charge demanding compensation for all cost incurred plus punitive damages.............jury's DON'T have a lot of sympathy for overzealous prosecution on false charges.

OP OUGHT to post a copy of that notice allegedly sent him.
 
Personally I'd ignore such a letter, I would NOT spend money on legal services until I absolutely had to. At that point I would also be filing a civil action against the person or agency bringing such charge demanding compensation for all cost incurred plus punitive damages.............jury's DON'T have a lot of sympathy for overzealous prosecution on false charges.
Click to expand...
Upon what direct knowledge or experience do you base this advice? I am very interested in how you come to believe that this will be a successful path forward.....
 
2 points-
"may be a persion who falls within one of the prohibited categories set forth below: convicted of a felony offense", you are or you arent, and if they took the work to send you the letter they know one way or another.

You didn't specify what course of action the ATF was requesting.
 
Status
Not open for further replies.

Similar threads

H
  • Locked
Has Anyone Else Seen This Jewel From the ATF?
Replies
1
Views
541
Beren
Beren
B
  • Locked
ATF: 3 day wait on ALL AR15 receivers (ILLINOIS)
Replies
19
Views
4K
NavyLCDR
N
F
  • Locked
ATF letter to state AG's re Mental Health prohibitions
2
Replies
42
Views
1K
JohnBT
J
dogtown tom
  • Locked
Atf open letter on the redesign of “stabilizing braces”
2 3 4 5 6 7
Replies
151
Views
11K
Sam1911
S
B
  • Locked
Your ATF At Work - South African Ammo Now OK For Import
Replies
22
Views
1K
Randy in Arizona
R
Back
Top