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been arrested? be prepared for a purchase delay!

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
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.
 
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MR Redenck

Regular Member
Joined
Nov 1, 2010
Messages
596
Location
West Texas
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.

:cuss:
I know how you feel.....
 
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VW_Factor

Regular Member
Joined
Nov 1, 2010
Messages
1,092
Location
Leesburg, GA
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.. :banghead:
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Citizen said:
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.
:cuss: :mad: :banghead:
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.
 
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MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Uziel Gal said:
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...
 
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BROKENSPROKET

Regular Member
Joined
Jan 5, 2010
Messages
2,199
Location
Trempealeau County
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.
 
M

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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
BROKENSPROKET said:
You need to have that fingerprint record expunged.
I just called & left her a message. Thanks for the info.

McX said:
how many delays and trips to jail must the citizens endure because the authorities, the experts, don't update, or file the correct paperwork.
:exclaim: 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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
MKEgal said:
I went to the range, made noise, & put holes in paper.
XDFDE45 said:
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. :lol: Noise has always been easy.

wrightme said:
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.
 

Nutczak

Regular Member
Joined
Dec 2, 2008
Messages
2,165
Location
The Northwoods, lakeland area, Wisconsin, USA
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.
 

GlockMeisterG21

Campaign Veteran
Joined
Dec 17, 2008
Messages
637
Location
Pewaukee, Wisconsin, USA
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.
 

carry for myself

Regular Member
Joined
May 1, 2011
Messages
544
Location
Maine
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 :)
 
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