Results 1 to 25 of 25

Thread: been arrested? be prepared for a purchase delay!

  1. #1
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426

    Angry been arrested? be prepared for a purchase delay!

    Brookfield came back to bite me yet again.

    I bought a pistol, the local dealer did the background check Tues., I was supposed to pick it up today, but he called & said the WI DOJ called him TODAY & told him they're putting it on a "3-day" hold (which because it's over a weekend is actually a 5-day delay).
    Why they couldn't tell him that when he did the background check on Tues. is beyond me.

    I called to find out why, & the gal at the DOJ said it was because I was arrested* & there's no record of the disposition of the case.
    Well, DUH, of course there's no record! There was no case, not even a ticket!
    So the DOJ has to get in touch with the Waukesha DA to confirm what I told her on the phone.
    :grrrr:

    I offered to email her the DAs letter, & even had my attorney for that case call. The DOJ gal said the letter wasn't good enough unless they received it from the DA's office.
    Haven't heard back yet; maybe tomorrow.

    So fair warning to those of you who have been arrested, especially "for the cause" - when you try to buy another firearm, they're going to trip over your arrest & delay the process even more than usual.

    The up side, if there is one, is that once this gets straightened out it's the last time they'll have to deal with it.

    *after finding & reading the statute, in a post below, I'm convinced that they're misapplying it. I've left a message for her & will keep trying to reach her today.
    Last edited by MKEgal; 05-20-2011 at 09:59 AM.

  2. #2
    Regular Member
    Join Date
    Nov 2010
    Location
    West Texas
    Posts
    596
    Quote Originally Posted by MKEgal View Post
    Brookfield came back to bite me yet again.

    I bought a pistol, the local dealer did the background check Tues., I was supposed to pick it up today, but he called & said the WI DOJ called him TODAY & told him they're putting it on a "3-day" hold (which because it's over a weekend is actually a 5-day delay).
    Why they couldn't tell him that when he did the background check on Tues. is beyond me.

    I called to find out why, & the gal at the DOJ said it was because I was arrested & there's no record of the disposition of the case.
    Well, DUH, of course there's no record! There was no case, not even a ticket!
    So the DOJ has to get in touch with the Waukesha DA to confirm what I told her on the phone.
    :grrrr:

    I offered to email her the DAs letter, & even had my attorney for that case call. The DOJ gal said the letter wasn't good enough unless they received it from the DA's office.
    Haven't heard back yet; maybe tomorrow.

    So fair warning to those of you who have been arrested, especially "for the cause" - when you try to buy another firearm, they're going to trip over your arrest & delay the process even more than usual.

    The up side, if there is one, is that once this gets straightened out it's the last time they'll have to deal with it.

    I know how you feel.....
    Last edited by MR Redenck; 05-19-2011 at 06:15 PM.

  3. #3
    Regular Member VW_Factor's Avatar
    Join Date
    Nov 2010
    Location
    Leesburg, GA
    Posts
    1,098
    Quote Originally Posted by MKEgal View Post
    I called to find out why, & the gal at the DOJ said it was because I was arrested & there's no record of the disposition of the case.
    Well, DUH, of course there's no record! There was no case, not even a ticket!
    I have had something very similar happen to me. It was a bench warrant for a computer error on my payment plan for a traffic violation. Arrested, cap and release, given a new court date to stand in front of the judge to hear.. "I am sorry, we never got that record updated in the computer"...

    So, an arrest with nothing on the other end is "suspicious" and needed checking into. Of course here in Oregon, they call the OSP who in turn calls the NICS and charges us $10..

  4. #4
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    What is DOJ's statutory authority to refuse the sale for a mere arrest?

    I know about convicted felon and so forth, but...delay just so they can find out for sure? Says who and what statute?

    I'm thinking that unless the enabling statute clearly says "refuse if uncertain" they have no authority to interfere.

  5. #5
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by Citizen
    What is DOJ's statutory authority to refuse the sale for a mere arrest?
    This seems to be what they're using... and wrongly applying:
    175.35 Waiting period for purchase of handguns

    175.35(1)(at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29... [not a felon, not a DV abuser, not adjudicated mentally incompetent, not adjudicated dangerous to self or others]

    175.35(2g)(c)4.a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall provide the firearms dealer with a unique nonapproval number.

    175.35(2g)(c)4.b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29, the department shall provide the firearms dealer with a unique approval number.

    175.35(2g)(c)4.c. If the search indicates a felony charge without a recorded disposition, the deadline under sub. (2) (d) is extended to the end of the 3rd complete working day commencing after the day on which the finding is made.

    It seems that what they're using is that last bit of alphabet soup, and applying it wrongly.
    There was no charge in the Brookfield case, let alone a felony one.
    I wasn't even ticketed.

    Though I just looked at the "arrest report" from that incident, & some idiot marked the box for "felony" after admitting they arrested me for 167.31(2)(b) (improper transport, for those from out of state)... which is at most a $100 TICKET, and not something they're even allowed to arrest for.

    So some fumblefingered moron (better than thinking he did it deliberately, knowing the problems it would cause down the road) ticks the wrong box & I have to deal with the problem.
    Passed the info along to the attorney who handled the first part of the Brookfield case for me.
    Asked if we can get the DA to expunge the record, esp. since it was a wrongful arrest AND it's causing problems.
    Last edited by MKEgal; 05-20-2011 at 10:02 AM.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  6. #6
    Regular Member
    Join Date
    Feb 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    93

    so are you going to tell us?

    What kind of new pistol did you buy?

  7. #7
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by Uziel Gal
    What kind of new pistol did you buy?
    Another Glock 17.
    It's the only pistol I've ever handled that immediately & automatically felt right in my hand.
    Sort of like the first time I rode a BMW motorcycle.

    Though neither of the bang-toy stores I'd go to here in town had anything but the Gen 4 with the sandpaper grips when I went in, & couldn't order me one with a regular grip, so I went to gunbroker.com & got a good deal.

    I've been missing the G17 stolen by Milwaukee PD in March, fed up with waiting for them to return it, so bought another...
    Last edited by MKEgal; 05-21-2011 at 03:29 AM.

  8. #8
    Regular Member BROKENSPROKET's Avatar
    Join Date
    Jan 2010
    Location
    Trempealeau County
    Posts
    2,187
    MKEgal

    You need to have that fingerprint record expunged. Since all the charges were dropped, it can be. Call Mary Meyer at DOJ-CIB Expungement Unit at 608-266-9561 and she can email you the form you need to send in.

  9. #9
    McX
    Guest
    nothing so far for me. gotten 3 guns since madison. no delays, but all i had was a DC. MKE your purchase was probably delayed because you didnt buy a gun for me that i would like. seriously though, how many delays and trips to jail must the citizens endure because the authorities, the experts, dont update, or file the correct paperwork. MKE someone owes you an appology.

  10. #10
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by BROKENSPROKET
    You need to have that fingerprint record expunged.
    I just called & left her a message. Thanks for the info.

    Quote Originally Posted by McX
    how many delays and trips to jail must the citizens endure because the authorities, the experts, don't update, or file the correct paperwork.
    Or put their own spin on laws, or have "departmental policies" that contradict laws, or just flat out refuse to follow the law? I know we've all read about incidents, and some of us have been involved in them (some several times), where various gov't agents act outside the law. Getting them punished is nearly impossible, & even then it's the taxpayers who are punished, not the individual actors.

    MKE someone owes you an apology.
    There are many citizens who have been treated worse who are in line ahead of me, and I doubt any of us will ever hear an apology, let alone a sincere one. The lucky few will get $$$ and that will have to serve.

  11. #11
    Regular Member IcrewUH60's Avatar
    Join Date
    Jun 2009
    Location
    Verona, Wisconsin, USA
    Posts
    481
    can't wait for the new "permit to carry" system is fully implemented and operational
    "In a court trial half the lawyers are wrong." - Captain Nemo

    "[There is] a duty in refusing to cooperate in any undertaking that violates the Constitutional rights of the individual. This holds in particular for all inquisitions that are concerned with the private life and the political affiliations of the citizens." - Albert Einstein

    gunowners.org ~ lp.org ~ downsizedc.org ~ oathkeepers.org ~ campaignforliberty.com/usa/WI/ ~ goooh.com

  12. #12
    Regular Member HandyHamlet's Avatar
    Join Date
    Nov 2010
    Location
    Terra, Sol
    Posts
    2,779
    Quote Originally Posted by MKEgal View Post
    The lucky few will get $$$ and that will have to serve.
    The lucky few live to tell their tale.
    "Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
    Abraham Lincoln

    "Some time ago, a bunch of lefties defied the law by dancing at the Jefferson Memorial, resulting in their arrests. Last week, a bunch of them pulled the same stunt and - using patented Lefist techniques - provoked the Park Police into having to use force to arrest them."
    Alexcabbie

  13. #13
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Had a call Fri. about 11am from the DOJ gal, saying everything was fixed & she'd left a message for my FFL, telling him that they had my approval # if he'd call for it.

    I called him about 2 & left a message saying I'd heard from her, & when he gets the # please let me know so I can come pick it up.

    He called a bit after 4, so I waited 'til after rush hour to go pick it up.
    Then I went to the range, made noise, & put holes in paper.
    It shoots well, has a very energetic ejector, & I'm happy to have it.

  14. #14
    Regular Member XDFDE45's Avatar
    Join Date
    Jul 2009
    Location
    Milwaukee, Wisconsin, USA
    Posts
    823
    Glad to hear it is all cleared up now and you were able to make noise and holes .
    Wisconsin Carry Member
    My Castle Doctrine Law

    Don't wish ill upon your enemy......plan it.

  15. #15
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Wonder if your next purchase will be smoother.....
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  16. #16
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by MKEgal
    I went to the range, made noise, & put holes in paper.
    Quote Originally Posted by XDFDE45
    Glad to hear it is all cleared up now and you were able to make noise and holes.
    I'm getting better at making holes. Noise has always been easy.

    Quote Originally Posted by wrightme
    Wonder if your next purchase will be smoother...
    It had darn well better go smoothly! They were supposed to make notes to the effect that whatever popped up this time is not a felony, and I've filed that paper to have the arrest expunged.

    The more I deal with the problems caused by government, the more I think about becoming either a lawyer or politician.
    Don't know which way I could do more damage to the status quo.

  17. #17
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by MKEgal View Post
    The more I deal with the problems caused by government, the more I think about becoming either a lawyer or politician.
    Don't know which way I could do more damage to the status quo.
    Lawyer.

    Politicians that don't fit a party line cannot be effective.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  18. #18
    Regular Member
    Join Date
    Dec 2008
    Location
    The Northwoods, lakeland area, Wisconsin, USA
    Posts
    2,170

    I wish my purchase delays were less than 10-12 days!

    I am halfassed tempted to get a "UPIN" so the delays will stop.

    Allegedly, all records from the NICS check must be destroyed within 48 hours after completion, and each new purchase requires them to do a new records search each and every time. So after waiting 10-12 days for them to figure out I am good to purchase, instead of keeping that in their records, they purge everything so the next time they are forced to research everything from scratch again.

    Getting a UPIN will allow them to keep my records, so when I do get flagged, it immediately shows that I am not disqualified, and I can once again get approved at the time of the initial call.

    Oh, the 10-12 day wait is from NICS, then add on another 48 hour wait for WI after the NICS call is approved, so make that 12-14 days for each and every handgun I purchase. So, they got me by the short and curlies even though there is no criminal history, nor any names close to mine.

    After 72 hours, the dealer can legally transfer if they do not hear back from NICS, but if the purchase does come back as prohibited, expect several heavily armed men to pay a visit to your home to collect any and all firearms (and you) during their visit.

  19. #19
    Campaign Veteran GlockMeisterG21's Avatar
    Join Date
    Dec 2008
    Location
    Pewaukee, Wisconsin, USA
    Posts
    637
    Nutzack, as I understand it the UPIN is for those individuals who get repeatedly denied not delayed. That said I have yet to even see someone who has one so they seem to be fairly rare and not something NICS hands out regularly. If you are able to get one I'd love to know the process needed to get one for my own curiosity.

    It really does suck that you get delayed all the time. though I'm a little confused as to why so long. On rifle purchases the max allowed is 3 days according to the Brady Bill. I have seen handgun purchases take longer, but the 48hrs starts when it's called in and the confirmation number is received not when they get an approval number. If you are being made to wait longer after your approval number has been given then I'd take it up with your dealer.

    If something is causeing a hold-up on a regular basis with Handgun Hotline then I'd give them a call and see if anything can get cleared up. 800-262-4867 ask for Mary.
    “The 1911 pistol remains the service pistol of choice in the eyes of those who understand the problem. Back when we audited the FBI academy in 1947, I was told that I ought not to use my pistol in their training program because it was not fair. Maybe the first thing one should demand of his sidearm is that it be unfair.” — Col. Jeff Cooper, GUNS & AMMO, January 2002

  20. #20
    Regular Member carry for myself's Avatar
    Join Date
    May 2011
    Location
    Maine
    Posts
    546
    happened to me too. i was arrested on a case of mistaken idenity. DA threw it out the next day. got my bail money back. went to buy a firearm a few weeks later. NICS delayed me for 7 days. and every time after that for a year and a half i got delayed. luckily after 2 years the delays stopped and now i can purchase instantly in the state of Maine.

    my advice call up the FBI, whatever field office is near you. ask for the NICS devision, and request a form to get a U-pin *universal pin #* what happens when you apply for a gun is they have to look up everything and clear it. then within 24 hours they throw out the files, a U-PIN enables them to keep your file on record, and recall it instantly with all previous purchases ect. and usually it will push it right through without delays :-)
    i would rather run out of blood, breath and life. and die fighting. than run out of ammo , and die with my pants down -Tom Scantas

  21. #21
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by carry for myself
    a U-PIN enables them to keep your file on record, and recall it instantly with all previous purchases ect. and usually it will push it right through without delays
    I'm of 2 minds on this...
    Yes it'd be nice to have them not have to repeat (waste money & time on) the research to prove once again that someone isn't prohibited.

    It'd also be nice if the DOJ & dealer would follow the law that says the purchase can't be delayed more than 3 days (and that only for a "felony charge with no recorded disposition").

    BUT... Letting them keep a record of all the property I've purchased?
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  22. #22
    Campaign Veteran GLOCK21GB's Avatar
    Join Date
    Apr 2009
    Location
    Green Bay, Wisconsin, USA
    Posts
    4,348
    Quote Originally Posted by MKEgal View Post
    I'm of 2 minds on this...
    Yes it'd be nice to have them not have to repeat (waste money & time on) the research to prove once again that someone isn't prohibited.

    It'd also be nice if the DOJ & dealer would follow the law that says the purchase can't be delayed more than 3 days (and that only for a "felony charge with no recorded disposition").

    BUT... Letting them keep a record of all the property I've purchased?
    All you can do, is stop buying new guns from dealers..buy used weapons..Cash sale and no paper work..
    http://youtu.be/xWgVGu3OR4U AACFI, Wisconsin / Minnesota Carry Certified. Action Pistol & Advanced Action pistol concepts + Urban Carbine course. When the entitlement Zombies begin looting, pillaging, raping, burning & killing..remember HEAD SHOTS it's the only way to kill a Zombie. Stockpile food & water now.

    Please support your local,county, state & Federal Law enforcement agencies, right ???

  23. #23
    Regular Member
    Join Date
    May 2011
    Location
    Everywhere...and nowhere
    Posts
    28
    This hapend to me not a wile ago at Gander. I bought a used 870 for HD, and they wouldnt give me my firearm for 5 days, they kept saying there were "delays" in the background check and to check back tomorow. I honistly think the person at Gander was intencionaly withholding my firearm for whatever reasuns but idk.

    -Tango

  24. #24
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by Glock34
    All you can do, is stop buying new guns from dealers..buy used weapons. Cash sale and no paper work.
    For my first 2, I didn't have a network to ask to find the bang toy I wanted.

    This time, I wasn't willing to wait for word to circulate & the right pistol to show up, so I went to GunBroker, which requires shipping to an FFL (unless I can find a seller here in state).

    If I plan another purchase, I'll put word out, maybe put a discrete "looking for another G17 - NOT a gen4" line in my sig for a while. But really, I think I have enough for now.
    Am vaguely considering a rifle of some sort, but haven't given it much thought.

    Tango - if that happens again, call Mary at the phone # GlockmeisterG21 gave (800-262-4867). She can tell you if there really is a delay, and what the problem seems to be, and if there isn't really a problem she can bring down a heap of hurt on them. Might be effective to have it in your cell, to stand in front of the guy at the store while you call.
    Last edited by MKEgal; 05-23-2011 at 10:10 PM.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  25. #25
    Regular Member
    Join Date
    Dec 2008
    Location
    The Northwoods, lakeland area, Wisconsin, USA
    Posts
    2,170
    Quote Originally Posted by GlockMeisterG21 View Post
    Nutzack, as I understand it the UPIN is for those individuals who get repeatedly denied not delayed. .
    I think you got that backwards, a NICS denial is a permanent thing and means you are not legal to own any firearms.

    I am repeatedly delayed for several weeks at a time. For this reason I called the NICS hotline and I was told a UPIN will fix that, just call and they will send out the forms, and you need to go to your local PD and get fingerprint cards done, and send those with the completed forms. I think I will request my forms in the A.M. and get that done now so if something pops up on the dealer shelves that I just got to have, I will not be discouraged from buying due to the long waits I am forced to endure.

    This is the very reason I do not go to gun shows, most of the dealers are from out of my area, and when my approval does go through, I would then need to drive several hours to pick up my purchase, or pay the $75 transfer fee that my closest dealers demand for transfers. This would negate any savings which I may have realized, and it causes undue BS on my end.

    The 48 hour WI handgun wait period starts after approval is received from NICS, not after initial contact.

Posting Permissions

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