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Thread: Re: NCIS background check

  1. #1
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    Does the background check involve only felonies committed in the U.S. or does it go to crimes committed outside the U.S. ? No,I am not a crook but just wondering.

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    Regular Member rodbender's Avatar
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    Don't know. Get caught robbing a bank in Mexico and let us know how it turns out; in a few decades.
    The thing about common sense is....it ain't too common.
    Will Rogers

  3. #3
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    northstar65 wrote:
    Does the background check involve only felonies committed in the U.S. or does it go to crimes committed outside the U.S. ?
    First, background checks do not just check for felonies - they check for any conviction whose potential sentence could be longer than one year, or, in the case of convictions for crimes classified as misdemeanors under tate law, if the potential sentence was more than 2 years. All gun rights organizers should know this and b able to explain it - see 18 USC 921 & 922.

    Second, foreign convictions are not convictions within the meaning of 18 USC 921 & 922. See Small v. United States

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    NCIS? or did you mean NICS??

    NCIS is "Naval Criminal Investigation Services"

    I believe INTERPOL would need to be used to check for out of country crimes you have allegedly commited. If INTERPOL has a file on you, I bet it is in the FBI's file too.

    You can go right to the NICS section of the FBI's website and quickly see what items they do research

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    Regular Member Gunslinger's Avatar
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    I thought the NICS also looked for open indictments wherein the potential sentence would exceed one year, but I'm not sure. Good question. As Mike said, convictions outside the US would not factor in--unless it involved espionage or treason.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Another Question....if a felon were to be dumb enough to walk into a gun shop and attempt to purchase a firearm and obviously be refused the purchase, would he be charged with a crime ?

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    How is anyone charged with a crime? The proprietor would have to swear a complaint with the DA. A citizen cannot indict, but only the state.

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    OK...so has a state or the feds ever dealt with such a case...Yes I know this belongs in the Stupid Criminal File,but still ! ! !

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    Regular Member hp-hobo's Avatar
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    The pawn shop that I transfer firearms through regularly has felons purchase a firearm (get the money first), fill out the 4473 and then get turned down for the transfer. I've seen it happen several times myself.

    On Christmas eve I saw it happen while an on duty LEO was present. The guy thought it was okay because his felony was from the 1960's and openly admitted tolying on the form. The cop just kept munching on his Christmas cookies because he sees it all the time.

    No harm, no foul, but the pawn shop keeps $50 for it trouble.
    "The only thing that stops a bad guy with a gun, is a good guy with a gun."

  10. #10
    Regular Member Sig229's Avatar
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    To answer the OP's question, I would think it all really matters on the country that the person was convicted in.

    For instance, places like China, many south American countries and some eastern European countries, they dont share files with the FBI. So there's no way they can find out.

    My ex girlfriend was a LEGAL immigrant and she only had a green card,. She wasnt yet a citizen, she was never ever arrested anywhere, but she bought two handguns and a rifle during our relationship all with just a Green Card.

    So, you dont even have to be a US citizen to buy firearms. Which is okay with me, as long as the person is here legally.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

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