Page 1 of 2 12 LastLast
Results 1 to 25 of 27

Thread: Denied firearm purchase

  1. #1
    Regular Member
    Join Date
    Aug 2010
    Location
    Bear Delaware
    Posts
    12

    Denied firearm purchase

    A couple of weeks back I was denied a firearm purchase. I then took the next course of action which was to get into contact with the FBI/NICS appeals services,they said I could fax them a request for information on why I was denied. So I complied and a few days later I receive a written correspondence from the NICS appeals team and it stated..."This letter is in response to your inquiry concerning your denial to purchase or redeem a firearm. By way of background, during a NICS check, our computer system searches several databases which contain records of persons with disqualifying conduct. As a name and descriptive-based system, the computer program is designed to screen individuals with similar names and/or similar descriptive features within certain parameters. Your denial indicates that either you or another individual with a similar name and/or similar descriptive features has been matched with the following state prohibitive criteria based on a state statute; probation/parole restriction; and/or an active warrant for a felony or misdemeanor charge"...{Please Note}...I have the following JUVENILE charges:Theft Under $1000(class A Misdemeanor),Conspiracy 3rd Degree(class A Misdemeanor),Assault 2nd Degree(class C Felony) which was subsequently dropped down to Offensive Touching(class A misdemeanor). I have been on probation as a juvenile yes but I have never been convicted of a felony,nor do I have an active warrant, I'm clean. I often check myself for warrants by calling my local county police and state police as they are two different agencies. Also I have all of my court documents such as juvenile dispositions,restitution payments and court receipts etc...I would like to know what are the proper documents to send? How could I hasten the NICS appeals process? Upon approval will this happen again? If denied would I be able to file an appeal again?

  2. #2
    Regular Member
    Join Date
    Jul 2009
    Location
    Asheville, NC ,
    Posts
    80
    Some states deny for misdemeanors that have a potential penalty of over one year in prison. You might check on that.

  3. #3
    Regular Member
    Join Date
    May 2007
    Location
    Stanwood, Washington, USA
    Posts
    5,437
    Quote Originally Posted by WNCTarheel View Post
    Some states deny for misdemeanors that have a potential penalty of over one year in prison. You might check on that.
    It doesn't really matter if the state has that prohibition or not because that prohibition is contained in Federal law. 18 USC 922 (g):

    http://www.law.cornell.edu/uscode/18...2----000-.html

    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    Last edited by NavyLCDR; 11-16-2010 at 02:12 PM.

  4. #4
    Activist Member
    Join Date
    Oct 2010
    Location
    Iowa
    Posts
    228
    One, if you went through probation as a minor and are now not on probation as an adult, you should see if you can get your record expunged.

    Two read the law:

    § 1448. Possession and purchase of deadly weapons by persons prohibited; penalties.

    (a) Except as otherwise provided herein, the following persons are prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State:

    (1) Any person having been convicted in this State or elsewhere of a felony or a crime of violence involving physical injury to another, whether or not armed with or having in possession any weapon during the commission of such felony or crime of violence;

    11 Del. C. § § 601 Offensive touching; unclassified misdemeanor; class A misdemeanor.

    (a) A person is guilty of offensive touching when the person:

    (1) Intentionally touches another person either with a member of his or her body or with any
    instrument, knowing that the person is thereby likely to cause offense or alarm to such other person;
    or
    (2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing
    that the person is thereby likely to cause offense or alarm to such other person.

    (b) When charged with a violation of subdivision (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical care provider.

    (c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor.
    Notwithstanding the above, any violation of subdivision (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of his or her duty as one of the following: law enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph

    (a)(2) of this section shall be a class A misdemeanor.

    IANAL, however, what you were convicted of does not seem to make you ineligible to me.
    Last edited by Darkshadow62988; 11-16-2010 at 03:01 PM.

  5. #5
    Regular Member cbpeck's Avatar
    Join Date
    Feb 2009
    Location
    Pasco, Washington, USA
    Posts
    407
    Quote Originally Posted by NicheNapoleon View Post
    ...I have the following JUVENILE charges:Theft Under $1000(class A Misdemeanor),Conspiracy 3rd Degree(class A Misdemeanor),Assault 2nd Degree(class C Felony) which was subsequently dropped down to Offensive Touching(class A misdemeanor). I have been on probation as a juvenile yes but I have never been convicted of a felony,nor do I have an active warrant, I'm clean...
    If the law states that you have the right to purchase a firearm in spite of previous transgressions then they shouldn't run you through this b.s.

    That being said, the word "clean" doesn't come to mind when reading your self-reported legal history. I'm not surprised you're having difficulty.

  6. #6
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,601
    NicheNapolean:

    Federal Law 18 U.S.C. 922(a)(20)(B) defines Crime Punishable by more than [1] Year as:
    Any State Offense Classified by the Laws of the State as a Misdemeanor and Punishable by a Term of Imprisonment of [2] Years or less.

    Delaware Law § 4206(c), as it Relates to Sentences for Misdemeanors states:
    The Sentence for an UnClassified Misdemeanor shall be a Definite Sentence Fixed by the Court..., up to [30] Days [of] Incarceration at Level V and [pay] such Fine up to $575, Restitution or other Conditions as the Court deems Appropriate.

    Delaware Law § 601, as it relates to Offensive Touching states:
    (a) A Person is Guilty of Offensive Touching when the Person *** (1) [He] Intentionally Touches another Person..., knowing that the [other] Person is thereby likely to cause Offense or Alarm to such other Person *** (c) Any Violation of Paragraph (a)(1) of this Section shall be an UnClassified Misdemeanor. Notwithstanding the above, any Violation of Paragraph (a)(1) of this Section shall be a Class A Misdemeanor..., [when the Victim is a]..., Law Enforcment Officer.

    Delaware Law § 4206, as it pertains to Sentences for Misdemeanors, states:
    (a) The Sentence for a Class A Misdemeanor may Include up to [1] Year Incarceration at Level V and such Fine up to $2,300, Restitution[,] or other Conditions as the Court deems Appropriate.

    Delaware Law § 1448(a), as it pertains to [The] Possession and Purchase of Deadly Weapons by Persons Prohibited, states:
    (4) Any Person who, as a Juvenile, has been Adjudicated as Delinquent for Conduct which, if committed by an Adult, would constitute a Felony, unless and until that person has reached their 25th BirthDay[,] [shall be Prohibiting from Possessing a Firearm or Ammunition until their 25th BirthDay].

    However, since because you were Adjudicated as a Class A Misdemeanant, and the Punishment for such Misdemeanor under Delaware Law § 4206 does not rise to the Level Prohibited under Federal Law 18 U.S.C. 922(a)(20)(B), your Prohibition is either:
    1. Until your 25th BirthDay, under Delaware Law § 1448(4), OR
    2. Delaware Law § 1448(d), states that: Any Person who is a Prohibited Person solely as the Result of a Conviction for an Offense which is not a Felony shall not be Prohibited from Purchasing, Owning, Possessing or Controlling a Deadly Weapon or Ammunition for a Firearm IF [5] Years have Elapsed from the Date of Conviction,
    whichever is later.

    However, unless an until I can find the specific Delaware Code Defining 'Crime of Violence', the Remedies under the aforementioned Paragraph seem to be sovent as when weighted against Delaware Code § 1448(a)(1), which states:
    Any Person having been Convicted in this State or elsewhere of a..., Crime of Violence..., [shall NOT have a Deadly Weapon].

    However, it is probably more likely than not you CAN NOT be Denied from Purcahsing a Firearm for longer than [5] Years, as under 2 of the aforementioned Paragraph.

    So with that, I would like to asky you: Have at least [5] Years Elasped since the time of Conviction, OR have [5] Years at lteast all together? If so, you can most probably Win The NICS Appeal!

    NICS Appeal Information can be obtained at: http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng

    aadvark
    Last edited by aadvark; 11-17-2010 at 12:09 PM.

  7. #7
    Regular Member
    Join Date
    Aug 2010
    Location
    Bear Delaware
    Posts
    12
    Quote Originally Posted by WNCTarheel View Post
    Some states deny for misdemeanors that have a potential penalty of over one year in prison. You might check on that.
    To my knowledge I undestand that some states may deny for misdemeanors that have a penalty EXCEEDING two years.

  8. #8
    Regular Member
    Join Date
    Aug 2010
    Location
    Bear Delaware
    Posts
    12
    Quote Originally Posted by Darkshadow62988 View Post
    One, if you went through probation as a minor and are now not on probation as an adult, you should see if you can get your record expunged.

    Two read the law:

    § 1448. Possession and purchase of deadly weapons by persons prohibited; penalties.

    (a) Except as otherwise provided herein, the following persons are prohibited from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State:

    (1) Any person having been convicted in this State or elsewhere of a felony or a crime of violence involving physical injury to another, whether or not armed with or having in possession any weapon during the commission of such felony or crime of violence;

    11 Del. C. § § 601 Offensive touching; unclassified misdemeanor; class A misdemeanor.

    (a) A person is guilty of offensive touching when the person:

    (1) Intentionally touches another person either with a member of his or her body or with any
    instrument, knowing that the person is thereby likely to cause offense or alarm to such other person;
    or
    (2) Intentionally strikes another person with saliva, urine, feces or any other bodily fluid, knowing
    that the person is thereby likely to cause offense or alarm to such other person.

    (b) When charged with a violation of subdivision (a)(2) of this section, the defendant shall be tested for diseases transmittable through bodily fluids, the cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the offense, the defendant and the Department of Correction's medical care provider.

    (c) Any violation of paragraph (a)(1) of this section shall be an unclassified misdemeanor.
    Notwithstanding the above, any violation of subdivision (a)(1) of this section shall be a class A misdemeanor when the victim is acting in the lawful performance of his or her duty as one of the following: law enforcement officer, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, Delaware State Fire Police Officer, correctional officer, volunteer firefighter or full-time firefighter. Any violation of paragraph

    (a)(2) of this section shall be a class A misdemeanor.

    IANAL, however, what you were convicted of does not seem to make you ineligible to me.
    record expungement would make no difference...as all law enforcement agencies and/or most state agencies would still have access to the information, so this would be useless unless I was trying to pass an employment background check.

  9. #9
    Regular Member
    Join Date
    Aug 2010
    Location
    Bear Delaware
    Posts
    12
    Quote Originally Posted by aadvark View Post
    NicheNapolean:

    Federal Law 18 U.S.C. 922(a)(20)(B) defines Crime Punishable by more than [1] Year as:
    Any State Offense Classified by the Laws of the State as a Misdemeanor and Punishable by a Term of Imprisonment of [2] Years or less.

    Delaware Law § 4206(c), as it Relates to Sentences for Misdemeanors states:
    The Sentence for an UnClassified Misdemeanor shall be a Definite Sentence Fixed by the Court..., up to [30] Days [of] Incarceration at Level V and [pay] such Fine up to $575, Restitution or other Conditions as the Court deems Appropriate.

    Delaware Law § 601, as it relates to Offensive Touching states:
    (a) A Person is Guilty of Offensive Touching when the Person *** (1) [He] Intentionally Touches another Person..., knowing that the [other] Person is thereby likely to cause Offense or Alarm to such other Person *** (c) Any Violation of Paragraph (a)(1) of this Section shall be an UnClassified Misdemeanor. Notwithstanding the above, any Violation of Paragraph (a)(1) of this Section shall be a Class A Misdemeanor..., [when the Victim is a]..., Law Enforcment Officer.

    Delaware Law § 4206, as it pertains to Sentences for Misdemeanors, states:
    (a) The Sentence for a Class A Misdemeanor may Include up to [1] Year Incarceration at Level V and such Fine up to $2,300, Restitution[,] or other Conditions as the Court deems Appropriate.

    Delaware Law § 1448(a), as it pertains to [The] Possession and Purchase of Deadly Weapons by Persons Prohibited, states:
    (4) Any Person who, as a Juvenile, has been Adjudicated as Delinquent for Conduct which, if committed by an Adult, would constitute a Felony, unless and until that person has reached their 25th BirthDay[,] [shall be Prohibiting from Possessing a Firearm or Ammunition until their 25th BirthDay].

    However, since because you were Adjudicated as a Class A Misdemeanant, and the Punishment for such Misdemeanor under Delaware Law § 4206 does not rise to the Level Prohibited under Federal Law 18 U.S.C. 922(a)(20)(B), your Prohibition is either:
    1. Until your 25th BirthDay, under Delaware Law § 1448(4), OR
    2. Delaware Law § 1448(d), states that: Any Person who is a Prohibited Person solely as the Result of a Conviction for an Offense which is not a Felony shall not be Prohibited from Purchasing, Owning, Possessing or Controlling a Deadly Weapon or Ammunition for a Firearm IF [5] Years have Elapsed from the Date of Conviction,
    whichever is later.

    However, unless an until I can find the specific Delaware Code Defining 'Crime of Violence', the Remedies under the aforementioned Paragraph seem to be sovent as when weighted against Delaware Code § 1448(a)(1), which states:
    Any Person having been Convicted in this State or elsewhere of a..., Crime of Violence..., [shall NOT have a Deadly Weapon].

    However, it is probably more likely than not you CAN NOT be Denied from Purcahsing a Firearm for longer than [5] Years, as under 2 of the aforementioned Paragraph.

    So with that, I would like to asky you: Have at least [5] Years Elasped since the time of Conviction, OR have [5] Years at lteast all together? If so, you can most probably Win The NICS Appeal!

    NICS Appeal Information can be obtained at: http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng

    aadvark
    5 years have elapsed since conviction, the incident I was involved in was a school fight which happened in 2004-2005...court proceedings take a little time and not only that it was toward the end of the year when I was going through the whole court process.

  10. #10
    Regular Member
    Join Date
    Aug 2010
    Location
    Bear Delaware
    Posts
    12
    Quote Originally Posted by cbpeck View Post
    If the law states that you have the right to purchase a firearm in spite of previous transgressions then they shouldn't run you through this b.s.

    That being said, the word "clean" doesn't come to mind when reading your self-reported legal history. I'm not surprised you're having difficulty.
    The law does state that I have the right to purchase a firearm given my record. However, my juvenile record should have nothing to do with now, especially when I have not been in trouble since the incident,no felony was involved and I'm considered an adult by by law.

  11. #11
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,601
    NicheNapolean:

    I would File an Appeal. Use the Link that I have provided above.

    aadvark

  12. #12
    Regular Member
    Join Date
    Mar 2007
    Location
    Kent county, Delaware, USA
    Posts
    322
    § 4201. Transition provisions.

    (a)...

    (c) The following felonies shall be designated as violent felonies:

    Title 11, Section Crime

    513 Conspiracy First Degree

    602 Aggravated Menacing

    604 Reckless Endangering First Degree

    605 Abuse of a Pregnant Female in the Second Degree

    606 Abuse of a Pregnant Female in the First Degree

    612 Assault in the Second Degree

    613 Assault in the First Degree

    614 Assault on a Sports Official

    615 Assault by Abuse

    617 Criminal Youth Gangs

    629 Vehicular Assault in the First Degree

    630 Vehicular Homicide in the Second Degree

    630A Vehicular Homicide in the First Degree

    631 Criminally Negligent Homicide

    632 Manslaughter

    633 Murder by Abuse or Neglect in the Second Degree

    634 Murder by Abuse or Neglect in the First Degree

    635 Murder in the Second Degree

    636 Murder in the First Degree

    645 Promoting Suicide

    768 Unlawful Sexual Contact in the Second Degree

    769 Unlawful Sexual Contact in the First Degree

    770 Former Unlawful Sexual Penetration in the Third Degree or

    Rape in the Fourth Degree

    771 Former Unlawful Sexual Penetration in the Second Degree or

    Rape in the Third Degree

    772 Former Unlawful Sexual Penetration in the First Degree or

    Rape in the Second Degree

    773 Former Unlawful Sexual Intercourse in the Third Degree or

    Rape in the First Degree

    774 Sexual Extortion

    775 Bestiality

    776 Continuous Sexual Abuse of Child

    777 Dangerous Crime Against a Child

    777A Sex Offender Unlawful Sexual Conduct Against a Child

    778 Sexual Abuse of a Child by a Person in a Position of Trust,

    Authority or Supervision in the First Degree

    778A Sexual Abuse of a Child by a Person in a Position of

    Trust, Authority or Supervision in the Second Degree

    782 Unlawful Imprisonment in the First Degree

    783 Kidnapping in the Second Degree

    783A Kidnapping in the First Degree

    802 Arson in the Second Degree

    803 Arson in the First Degree

    825 Burglary in the Second Degree

    826 Burglary in the First Degree

    831 Robbery in the Second Degree

    832 Robbery in the First Degree

    835 Carjacking in the Second Degree

    836 Carjacking in the First Degree

    846 Extortion

    1108 Sexual Exploitation of a Child

    1109 Unlawfully Dealing in Child Pornography

    1112A Sexual Solicitation of a Child

    1250 Assault in the First Degree Against a Law-Enforcement

    Animal

    1253 Escape After Conviction

    1254 Assault in a Detention Facility

    1256 Promoting Prison Contraband (Deadly Weapon)

    1302 Riot

    1304 Hate Crimes

    1312 Stalking

    1338 Bombs, Incendiary Devices, Molotov Cocktails and

    Explosive Devices

    1339 Adulteration (Causing Injury or Death)

    1353 Promoting Prostitution in the First Degree

    1442 Carrying a Concealed Deadly Weapon (Firearm Offense)

    1444 Possessing a Destructive Weapon

    1445 Unlawfully Dealing With a Dangerous Weapon

    1447 Possessing a Deadly Weapon During the Commission of a

    Felony

    1447A Possessing a Firearm during the Commission of a Felony

    1448(e) Possession of a Deadly Weapon by Persons Prohibited

    (Firearm or Destructive Weapon Purchased, Owned, Possessed or Controlled by a Violent Felon).

    1455 Engaging in a Firearms Transaction on Behalf of Another

    (Subsequent Offense)

    1449 Wearing Body Armor During the Commission of a Felony

    1503 Racketeering

    3533 Aggravated Act of Intimidation

    Title 16, Section Crime

    1136 Abuse/Mistreatment/Neglect of a Patient

    4751 Manufacture/Delivery/Possession With Intent to Deliver a

    Controlled or Counterfeit Controlled Substance, Manufacture or Delivery Causing Death

    4752 Manufacture/Delivery/Possession With Intent to Deliver a

    Controlled or Counterfeit Controlled Substance

    4752A Unlawful Delivery of a Noncontrolled Substance

    4753A Trafficking in Marijuana, Cocaine, Illegal Drugs,

    Methamphetamine, LSD, Designer Drugs or MOMA

    4754A Possession and Delivery of a Noncontrolled Prescription

    Drug

    4761 Distribution to Minors

    4767 Distribution, Delivery or Possession of a Controlled

    Substance Within 1,000 Feet of School Property

    4768 Distribution, Delivery or Possession of a Controlled

    Substance Within 300 Feet of a Park or Recreation Area

    4774 Delivery of Drug Paraphernalia to a Minor

    Title 31, Section Crime

    3913 Abuse/Neglect/Exploit/Mistreat an Infirm Adult

    Any attempt to commit any felony designated in this subsection as a violent felony shall also be designated as a violent felony.

    67 Del. Laws, c. 130, § 6; 70 Del. Laws, c. 477, § 1; 71 Del. Laws, c. 285, § 14; 71 Del. Laws, c. 467, § 10; 72 Del. Laws, c. 34, § 5; 72 Del. Laws, c. 43, § 6; 72 Del. Laws, c. 197, § 7; 72 Del. Laws, c. 480, § 17; 74 Del. Laws, c. 106, § 8; 75 Del. Laws, c. 421, § 3[2]; 76 Del. Laws, c. 66, § 3; 76 Del. Laws, c. 343, § 5; 77 Del. Laws, c. 313, § 2; 77 Del. Laws, c. 318, § 13.;

  13. #13
    Activist Member
    Join Date
    Dec 2010
    Location
    Ashland, KY
    Posts
    1,978

    warrants

    If your are often calling the courthouse to check and verify whether you have had a warrant issued for yourself, then you must be afraid you have done something to have the warrant issued for. By the size of your background, I would say they will give you a pretty tough time.
    Last edited by KYGlockster; 08-21-2012 at 12:01 PM.

  14. #14
    Regular Member Sig229's Avatar
    Join Date
    Dec 2006
    Location
    Pittsburgh, Pennsylvania, USA
    Posts
    926
    I lived in Newark De for a couple of years and was once denied when I bought from "X Ring Supply" in Newark because of a minor charge as a juvenile.

    What I had to do was contact the Delaware State Police firearms office and show them copies that the charges were juvenile and were no longer active.

    The DE State Police were very helpful and polite while helping me.

    It took less than a month to get cleared up and once it is cleared up, they send you an official document from the DESP and they also put a note in the DE SP computer showing that you have been cleared so the next time you go to purchase the person doing the background check will see it and approve you as long as you have no new criminal charges.

    I wouldn't fool with the BATF anymore, until you contact the firearms division of the Delaware state police.
    They are the ones who you need to talk to.
    Last edited by Sig229; 05-29-2011 at 06:46 PM.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

  15. #15
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,191
    Quote Originally Posted by NicheNapoleon View Post
    Please Note}...I have the following JUVENILE charges:
    Theft Under $1000(class A Misdemeanor),
    Conspiracy 3rd Degree(class A Misdemeanor),
    Assault 2nd Degree(class C Felony) which was subsequently dropped down to Offensive Touching(class A misdemeanor).

    I have been on probation as a juvenile yes but I have never been convicted of a felony,nor do I have an active warrant, I'm clean.

    I often check myself for warrants by calling my local county police and state police as they are two different agencies. Also I have all of my court documents such as juvenile dispositions,restitution payments and court receipts etc...I would like to know what are the proper documents to send? How could I hasten the NICS appeals process? Upon approval will this happen again? If denied would I be able to file an appeal again?
    If you feel some need to "check yourself for warrants," I would question the suitability of allowing you to possess.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  16. #16
    Regular Member
    Join Date
    Jan 2012
    Location
    United States
    Posts
    1

    Same problem, different situation

    A couple of years ago I bought a marlin 22 cal rifle, no problem. one month later I wanted to purchase a 22 cal magnum and was denied for the same reason as was posted earlier. A person with a similar name or physical characteristics,,,, and so on

  17. #17
    Regular Member markush's Avatar
    Join Date
    May 2011
    Location
    Kenosha
    Posts
    175
    Quote Originally Posted by NicheNapoleon View Post
    I often check myself for warrants by calling my local county police and state police as they are two different agencies.
    Quote Originally Posted by KYGlockster View Post
    If your are often calling the courthouse to check urself for warrants, then you must be afraid you have done something to have a warrant issued for urself. By the size of your background, I would say they will give you a pretty tough time over urself buying a gun of any kind.
    Exactly! Who "often" or ever checks for warrents agasint themself if there was nothing to hide from?

  18. #18
    Regular Member
    Join Date
    Feb 2012
    Location
    Las Vegas, NV
    Posts
    30
    Quote Originally Posted by markush View Post
    Exactly! Who "often" or ever checks for warrents agasint themself if there was nothing to hide from?
    Just because he's paranoid doesn't mean they aren't out to get him....
    Last edited by Tolerance; 03-18-2012 at 08:49 AM.

  19. #19
    Super Moderator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,601
    Except for state crimes classified as misdemeanors, in which case a federal firearms disability arises if the conviction pertains to an offense where the maximum penalty is more than 2 years.

    this is very confusing of course - even courts routinely refer to "felon in possession" offenses under federal law when in fact federal gun law never uses the word felon!

    ------
    Some states deny for misdemeanors that have a potential penalty of over one year in prison. You might check on that.
    It doesn't really matter if the state has that prohibition or not because that prohibition is contained in Federal law. 18 USC 922 (g):

    http://www.law.cornell.edu/uscode/18...2----000-.html


    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

  20. #20
    Regular Member 1911er's Avatar
    Join Date
    Sep 2009
    Location
    Port Orchard Wa. /Granite Oklahoma
    Posts
    803

    About the NICS check

    Although I do not live in DE. I used to work at Cabelas at the gun counter, had to pass A background check for that. But then they delayed purchase of A handgun 2 weeks later.
    And after my inquiry found out that someone had A similar name, The NICS issued me A upin number now whenever I purchase A new weapon I write in that upin # and it goes right through.
    I truly Love my Country, But the government scares the he!! out of me.

    DEMAND IT
    Congress SHALL NOT receive A salary greater than any service member and will be given EQUIVELANT insurance as any service member

    I came into this world kicking and screaming covered in someone else's blood. And if necessary to protect the Constitution of The United States of AMERICA. I will go out the same way

    All hail the Domain of Neptunus Rex

  21. #21
    Regular Member
    Join Date
    Aug 2012
    Location
    Delaware
    Posts
    2

    Thumbs down

    I was denied purchase almost 2 months ago. The reason? I have a name similar to someone who has a restraining order on them in Florida. I live in Delaware. I have never even visited that county in Florida although I have been to Disney Land with my family.

    I don't want to list my real name but lets say it's almost as common as John Smith.

    I would think the FBI would be smart enough to tell one John Smith from another, especially when they live in different States. I supplied them my drivers license, passport, social security card and have 10 years of records from my time in the US military.

    I contacted the county offices and the sherrif's office in the county in Florida where I'm supposedly a criminal. They both sent letters back that said they have no record of me. I forwarded these letters to the FBI Who responded with the same form letter denial.

    My next step is to go get fingerprinted and try again which upsets me a bit because I should not have to be fingerprinted to prove who I am. If the fingerprints don't do it I might just give up. I've got almost two months of waiting, phone calls and paperwork into this. So much for "the land of the free"

    My worst crimes? Three speeding tickets in 25 years of driving.

  22. #22
    Regular Member davidmcbeth's Avatar
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    11,773
    Quote Originally Posted by deniedpurchase View Post

    My worst crimes? Three speeding tickets in 25 years of driving.
    Don't you have an administrative relief available? Why did you not go that route if possible?

    3 tickets? You're John Wayne Gacy !

  23. #23
    Regular Member
    Join Date
    Aug 2012
    Location
    Delaware
    Posts
    2
    What is administrative relief?

    All I've done was call the phone number on the NICS Denial Form to get the reason I was denied "Guy with similar name in another state (Florida) did something bad" Then contacted the other state to get letters from the court that said I did not do it, sent those back to the NICS FBI office both in the mail and through their website, and was denied again for the same supposed crime in Florida.

    I love Government bureaucracy, piles of paperwork and rubber stamp denial forms. Thanks FBI for all your effort!

  24. #24
    Founder's Club Member - Moderator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    N. Chesterfield, Va.
    Posts
    27,605
    Quote Originally Posted by deniedpurchase View Post
    What is administrative relief?

    All I've done was call the phone number on the NICS Denial Form to get the reason I was denied "Guy with similar name in another state (Florida) did something bad" Then contacted the other state to get letters from the court that said I did not do it, sent those back to the NICS FBI office both in the mail and through their website, and was denied again for the same supposed crime in Florida.

    I love Government bureaucracy, piles of paperwork and rubber stamp denial forms. Thanks FBI for all your effort!
    NICS Appeal Information can be obtained at: http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng
    Old and treacherous will beat young and skilled every time.

    Yata hey

  25. #25
    Regular Member
    Join Date
    Apr 2009
    Location
    Central, Kentucky, USA
    Posts
    2,909
    Quote Originally Posted by deniedpurchase View Post
    What is administrative relief?

    All I've done was call the phone number on the NICS Denial Form to get the reason I was denied "Guy with similar name in another state (Florida) did something bad" Then contacted the other state to get letters from the court that said I did not do it, sent those back to the NICS FBI office both in the mail and through their website, and was denied again for the same supposed crime in Florida.

    I love Government bureaucracy, piles of paperwork and rubber stamp denial forms. Thanks FBI for all your effort!
    I've had similar problems in the past. Many people go through this. There are ways to solve this problem. What you have done is not one of them.
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.

    William Pitt



    "If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen."

    Samuel Adams

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •