Re: NCIS background check

imported post

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.

imported post

Don't know. Get caught robbing a bank in Mexico and let us know how it turns out; in a few decades.

imported post

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. ?

Click to expand...

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

imported post

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

imported post

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.

imported post

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 ?

imported post

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.

imported post

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 ! ! !

imported post

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.

imported post

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.