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  1. #1
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    denied

    hello all.im new here.i am a veteran of the 82nd airborne.i made a few stupid moves as all paratroopers do.dui 1992.dui 2006.i was denied an over the the counter rifle purchase last week.i looked into it and maryland law says 2nd dui has a penalty of two years for second offense.does that disqualifiy me to own a rifle?i am in the appeal proscess now.i am heartbroken.i was airborne infantry and fired the whole inventory and im a civilian and i cant even buy a rifle?i realize how scary dui is now.i have children.

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    Regular Member teddyearp's Avatar
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    Many states do allow restoration of civil rights for first offence on some felonies.

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    Have you tried to get your convictions expunged?
    Look into it. It worked for me.

  4. #4
    Regular Member WalkingWolf's Avatar
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    The standard should go by the law in the state you were convicted of DUI, which would be North Carolina if you were in the 82nd Airborne. I have not researched the DUI penalties here so I do not know if they are up to 2 years. But if they are not, and one year or less, you should not be having a problem.

    NC DUI penalties http://www.dmv.org/nc-north-carolina...ve-law/dui.php

    Level 1

    Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
    Up to a $4,000 fine.
    Between 30 days and 24 months in jail. (Your judge might give you 10 days under probation cases involving alcohol monitoring for 120 days.)
    Substance abuse assessment, if you’re placed on probation.

    Aggravated Level 1

    Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days.
    Up to a $10,000 fine.
    Between 12 months and 36 months in jail. (Your judge might give you 120 days under probation cases involving alcohol monitoring for a minimum of 120 days.)
    Monitored abstaining from alcohol for 4 months after prison release.
    Substance abuse assessment.


    These are the most severe of the five levels, so if you were convicted of either of the two above, you cannot own a firearm. Unless you seek legal counsel to have them expunged.

    From what I can find antique firearms in Maryland are similar to Federal Laws, being exempt from most firearm regulations. You should consult an attorney first, before taking this step. And you will not be able to carry as you will not be able to get a permit because of your conviction. It would allow you to keep a gun in the home for self defense though, as far as in public you should seek other legal options.

    Disclaimer: I am not an attorney!
    Last edited by WalkingWolf; 03-19-2015 at 11:35 AM.
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    Regular Member Elm Creek Smith's Avatar
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    Like Walking Wolf, I am not an attorney. You need to consult with one and get copies of your DUI convictions from NC to facilitate a possible appeal. I will say, from 20 years in the US Army enlisted/noncommissioned/commissioned, that if you had been convicted of a felony you would most likely have been involuntarily separated from service under Army Regulation 635-200, Chapter 14, Section II.

    Good luck!
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    The book "Brady Denial?" by Hill - available on Amazon as a Kindle edition - has a lot of good information on this subject. Affordable and quick to read.

  7. #7
    Regular Member solus's Avatar
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    Quote Originally Posted by skymortar View Post
    hello all.im new here.i am a veteran of the 82nd airborne.i made a few stupid moves as all paratroopers do.dui 1992.dui 2006.i was denied an over the the counter rifle purchase last week.i looked into it and maryland law says 2nd dui has a penalty of two years for second offense.does that disqualifiy me to own a rifle?i am in the appeal proscess now.i am heartbroken.i was airborne infantry and fired the whole inventory and im a civilian and i cant even buy a rifle?i realize how scary dui is now.i have children.
    ok, welcome to the forum sky, can i humbly quantify something...reading your post you were denied from purchasing a rifle from a FFL i presume during their routine FBI NICS check?

    if that is correct, i know your denial didn't have a bloody thing to do with past DUIs! therefore, is there something else in your past you have not been forthcoming about?

    either way you need to discern the true reason you were denied.

    here is the FBI's NICS appeal brochure link: http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng which has at the bottom a listing of rationals for denial and as you see DUI doesn't seem to be there, so you might begin to look at and implement the steps to discern the specifics of your denial instead of bemoaning a woe is me mantra i was denied due to DUI, and running off trying to fixing that, you could ask FBI NICS what the real reason was and then begin gathering information to appeal it>

    again welcome to the forum glad we could assist with the purchase of your LG.

    btw, i am not an attorney either, therefore the advice was provided w/o cost!

    ipse
    Last edited by solus; 03-19-2015 at 02:39 PM.
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  8. #8
    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by skymortar View Post
    hello all.im new here.i am a veteran of the 82nd airborne.i made a few stupid moves as all paratroopers do.dui 1992.dui 2006.i was denied an over the the counter rifle purchase last week.i looked into it and maryland law says 2nd dui has a penalty of two years for second offense.does that disqualifiy me to own a rifle?i am in the appeal proscess now.i am heartbroken.i was airborne infantry and fired the whole inventory and im a civilian and i cant even buy a rifle?i realize how scary dui is now.i have children.
    I'm not convinced the prior DUIs are the cause of your denial. Maryland Public Safety Article Title 5. Firearms stipulates that a "Habitual Drunkard" is a prohibited person, and they define a Habitual Drunkard as a person who has been found guilty of any three crimes (DUIs) under section 21-902(a), (b) or (c) of the Transportation Article, one of which occurred in the past year.

    In Title 5, section 5-101, Definitions, a "Disqualifying Crime" means a violation classified as a felony in the State, or a violation classified as a misdemeanor in the State that carries a statutory penalty of more than two years.

    Also 21-902(e) stipulates that a violation of the crimes described in (a), (b) or (c) that occur in another state will be regarded as having occurred in Maryland.

    I am not a lawyer and I suggest that you seek legal counsel to get this resolved. At the very least, you are entitled to know the basis of the denial.
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    the only thing i can think of is i checked the box that says ever been convicted of a crime with a penalty of more than one year in jail as NO.i did not realise a second dui was a 2 year max.could that be it?

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    Quote Originally Posted by solus View Post
    ok, welcome to the forum sky, can i humbly quantify something...reading your post you were denied from purchasing a rifle from a FFL i presume during their routine FBI NICS check?

    if that is correct, i know your denial didn't have a bloody thing to do with past DUIs! therefore, is there something else in your past you have not been forthcoming about?

    either way you need to discern the true reason you were denied.

    here is the FBI's NICS appeal brochure link: http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng which has at the bottom a listing of rationals for denial and as you see DUI doesn't seem to be there, so you might begin to look at and implement the steps to discern the specifics of your denial instead of bemoaning a woe is me mantra i was denied due to DUI, and running off trying to fixing that, you could ask FBI NICS what the real reason was and then begin gathering information to appeal it>

    again welcome to the forum glad we could assist with the purchase of your LG.

    btw, i am not an attorney either, therefore the advice was provided w/o cost!

    ipse
    as i said in my post i have appealed.i am waiting for the response from nics.not trying to be woe is me.just confused.

  11. #11
    Regular Member solus's Avatar
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    Quote Originally Posted by skymortar View Post
    the only thing i can think of is i checked the box that says ever been convicted of a crime with a penalty of more than one year in jail as NO.i did not realise a second dui was a 2 year max.could that be it?
    ah...so you were denied by the FBI's NICS bkck?

    again since you are so forthcoming with the whole story...follow the guidance in the FBI's appeals brochure...

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Quote Originally Posted by solus View Post
    ah...so you were denied by the FBI's NICS bkck?

    again since you are so forthcoming with the whole story...follow the guidance in the FBI's appeals brochure...

    ipse
    as i said.i am in the appeals process now.how am i not being forthcoming?i really dont know what you are implying.

  13. #13
    Regular Member solus's Avatar
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    Quote Originally Posted by skymortar View Post
    as i said.i am in the appeals process now.how am i not being forthcoming?i really dont know what you are implying.
    ok, sky, what I am implying is there is missing information to your tale of woe as your posts seem to be purposely lacking specifics of your plight, for example:

    1. who said you couldn't purchase your rifle?
    2. yes you said you were appealing, but to whom?
    3. why do you feel the past DUIs are a factor?
    4. what else is not being told?

    and yet I have asked the questions in previous posts and instead of responding...

    so some new questions:
    1. why did you come to an open carry website to ask about being denied for buying a rifle?
    2. is there a dishonorable in your background which is causing problems?

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Quote Originally Posted by solus View Post
    ok, sky, what I am implying is there is missing information to your tale of woe as your posts seem to be purposely lacking specifics of your plight, for example:

    1. who said you couldn't purchase your rifle?
    2. yes you said you were appealing, but to whom?
    3. why do you feel the past DUIs are a factor?
    4. what else is not being told?

    and yet I have asked the questions in previous posts and instead of responding...

    so some new questions:
    1. why did you come to an open carry website to ask about being denied for buying a rifle?
    2. is there a dishonorable in your background which is causing problems?

    ipse
    1.nics delayed and denied me.
    2.i appealed to the fbi
    3.because thats all i have in my record you ******* leg
    4.
    new questions.
    1.because i am looking anywhere for answers
    2.i dont know who *** **** you think you are but DO NOT.Question my service.what did you do?
    Last edited by Grapeshot; 03-20-2015 at 09:01 AM. Reason: f-bombs in any form are never acceptable

  15. #15
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by skymortar View Post

    2.i dont know who the f*** you think you are but DO NOT.Question my service.what did you do?
    Dude - you are the one who said they got two (2) DUIs while serving in the 82ndABN. Depending on just how egegious those two DUIs were and just how egregious your behavior was pre- and post-trial could have the effect of a less than honorable discharge.

    Just so you know - I pulled 13+ months in what the Marines told me was Vietnam, Republic of, regardless of what the lying maps said. I got out just shy of 6 years active duty. And as many times as I got rip-roaring drunk in Jacksonville or San Diego or Tiajuana or a few other places I officially was never at, I avoided getting charged with DUI or even an Article 15. Some of it was pure luck but most of it was due to excellent prior planning and/or bringing a superior-enough higher rank on those expeditions. The rest was due to crossing the border or entering the Shore Patrol shack ahead of the local cops and having passengers who were too scared of my driving skills when sober, let alone drunk, to let me do anything to attract attention.

    That's what I did. Now spill the rest of the story about those two DUIs.

    stay safe.

    PS - there are some rules around here, seeing as how we are invited guests in someone's livinng room. One of those rules is about language and another is about personal attacks.

    Also - you say you are "checking" at several places. What are you planning to do with all the responses/answers you get? Add them up and see how many you like and go with them?
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  16. #16
    Regular Member solus's Avatar
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    careful where you tread mate, i only asked the question about your service record since it is a legitimate denial criteria, yet you are the one who has gotten extremely defensive...

    now let's get back to the subject at hand, if you are delayed, and the delay extends over a period of time, the request for approval times out and the status changes from delayed to denied.

    the ffl should only need to make another phone call to NICS to validate you are in fact approved or 'denied' by the agency.

    by the way, if you had stated that info up front, in your first post, you could have saved yourself the aggravation you just experienced and expressed.

    finally, there is still information you haven't shared about this encounter isn't there? something occurred where even the selling FFL isn't assisting you in the resolution which seems odd to me.

    but being the trouble maker you feel i am, good luck on your quest and hope it works out so you get your rifle.

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  17. #17
    Regular Member 325rto's Avatar
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    Quote Originally Posted by skymortar View Post
    1.nics delayed and denied me.
    2.i appealed to the fbi
    3.because thats all i have in my record you ******* leg
    4.
    new questions.
    1.because i am looking anywhere for answers
    2.i dont know who *** *** you think you are but DO NOT.Question my service.what did you do?
    WOW. You come to this site seeking advice and in turn begin insulting those that try to help. Sounds like you might have some anger management issues that need to be resolved before you purchase a firearm. I'd be willing to bet that your chain of command in Division didn't shed any tears when you ETS'd. Good luck.
    Last edited by Grapeshot; 03-20-2015 at 09:03 AM. Reason: edited quote

  18. #18
    Regular Member WalkingWolf's Avatar
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    Plus there are some FFL's who will tell you that you are denied if they decide they do not wish to sell to you. I guess they figure you will be mad at the guberment instead of them.

    I will have to dig further to see how one goes from a level 5 DUI to a level 1.




    North Carolina DWI Sentencing Guide

    There is a wide range of potential sentences/penalties that an individual can face, if convicted of a DWI (driving while impaired/intoxicated) in Raleigh or elsewhere in North Carolina. At the low end, the best case scenario is generally a sentence of 24 hours of community service, a fine up to $200 (plus court costs), and likely a period of probation, including a requirement that that defendant a substance abuse assessment and corresponding education or treatment, prior to restoration of the individual’s driver’s license. The defendant’s driver’s license will be suspended for a year, but with the possibility of obtaining a limited driving privilege for work and school during that period.

    DWI sentencing in NC is structured into six levels. From most severe to least severe, the DWI sentencing levels are: Aggravated Level One, Level One, Level Two, Level Three, Level Four, and Level Five. The DWI sentencing law is outlined in the North Carolina General Statutes (N.C.G.S.) 20-179. Following a conviction for a DWI, the judge will hold a sentencing hearing to determine whether there are aggravating or mitigating factors present in the case, in order to determine the appropriate sentencing level. At that hearing, the State bears the burden of proving the existence of any aggravating factors beyond a reasonable doubt, and the defendant bears the burden of proving the existence of any mitigating factors by a preponderance of the evidence (a significantly lower standard).

    The determination of the appropriate punishment level by the judge involves a balancing of grossly aggravating factors, aggravating factors, and mitigating factors. A listing of those factors is included below, and following the list is an outline of the six DWI sentencing levels with a description of the criteria for determining placement in each, based on the balancing of aggravating and mitigating factors.
    DWI Sentencing Factors
    Grossly Aggravating Factors

    The four factors below are the factors classified as “grossly aggravating”:

    (1) A prior conviction for an offense involving impaired driving if:

    The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced; or
    The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
    The conviction occurred in district court; the case was appealed to superior court; the appeal has been withdrawn, or the case has been remanded back to district court; and a new sentencing hearing has not been held pursuant to G.S. 20‑38.7.

    NOTE: Each prior conviction is a separate grossly aggravating factor.

    (2) Driving by the defendant at the time of the offense while his or her driver’s license was revoked for impaired driving.

    (3) Serious injury to another person caused by the defendant’s impaired driving at the time of the offense.

    (4) Driving by the defendant while (i) a child under the age of 18 years, (ii) a person with the mental development of a child under the age of 18 years, or (iii) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense.
    Aggravating Factors

    The eight specific factors below, plus the catch-all, are classified as “aggravating” for DWI sentencing purposes:

    (1) Gross impairment of the defendant’s faculties while driving or an alcohol concentration of 0.15 or more within a relevant time after the driving. For purposes of this subdivision, the results of a chemical analysis presented at trial or sentencing shall be sufficient to prove the person’s alcohol concentration, shall be conclusive, and shall not be subject to modification by any party, with or without approval by the court.

    (2) Especially reckless or dangerous driving.

    (3) Negligent driving that led to a reportable accident.

    (4) Driving by the defendant while his driver’s license was revoked.

    (5) Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20‑16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.

    (6) Conviction under G.S. 20‑141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.

    (7) Conviction under G.S. 20‑141 of speeding by the defendant by at least 30 miles per hour over the legal limit.

    (8) Passing a stopped school bus in violation of G.S. 20‑217.

    (9) Any other factor that aggravates the seriousness of the offense.

    NOTE: Except for the factor in (5), the conduct constituting the aggravating factor must have occurred during the same incident as the impaired driving offense.


    http://www.hiltzheimer.com/dwi-resou...tencing-guide/

    To put you over 24 months possible sentence, YOU had to make at least one of the aggravating factors. There is indeed more to this story than you are telling.
    Last edited by WalkingWolf; 03-20-2015 at 12:09 PM.
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  19. #19
    Campaign Veteran skidmark's Avatar
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    Sure, WW. Leave it to you to pull the law and what it says into the discussion.

    Guess skymortar is going to have to stick to the legal stuff now if he wants to explain how he got to where he is/.

    stay safe.
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  20. #20
    Regular Member solus's Avatar
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    ok, reality check...

    DUI charges while in the military, would/should have remained under UCMJ auspices or local (fayetteville or areas surrounding Ft Bragg home of the elite 82nd) judicial control.

    ramifications from these type of charges occur with such regularity by military members they would/should not elevate to being recorded into any state level database which the FBI NICS would readily check for someone living in MD which is where the OP proclaims he was denied his rifle.

    (digging in) to confirm what the op stated about my disposition ~ cranky now...there is something wrong in with the bloke's story line...DUI's alone, 14 years apart, as the OP has professed, based on my research would not in my best non-legal advice voice keep someone from passing the FBI's NICS bkgnd check.

    folks the fish in the icebox is being to smell...bad!!

    btw, thanks WW that was an interest read of NC statutes i did enjoy it...

    ipse
    Last edited by solus; 03-20-2015 at 01:49 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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