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Denied firearm purchase

NicheNapoleon

Regular Member
Joined
Aug 21, 2010
Messages
12
Location
Bear Delaware
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?
 

Darkshadow62988

Activist Member
Joined
Oct 17, 2010
Messages
242
Location
Iowa
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:

cbpeck

Regular Member
Joined
Feb 14, 2009
Messages
407
Location
Pasco, Washington, USA
...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.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,600
Location
, ,
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/nics/appeals/nics_appeals_brochure_eng

aadvark
 
Last edited:

NicheNapoleon

Regular Member
Joined
Aug 21, 2010
Messages
12
Location
Bear Delaware
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.
 

NicheNapoleon

Regular Member
Joined
Aug 21, 2010
Messages
12
Location
Bear Delaware
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/nics/appeals/nics_appeals_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.
 

NicheNapoleon

Regular Member
Joined
Aug 21, 2010
Messages
12
Location
Bear Delaware
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.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,600
Location
, ,
NicheNapolean:

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

aadvark
 

ijusam

Regular Member
Joined
Mar 24, 2007
Messages
322
Location
Kent county, Delaware, USA
§ 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.;
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
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:

Sig229

Regular Member
Joined
Dec 14, 2006
Messages
926
Location
Pittsburgh, Pennsylvania, USA
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:

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
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.
 

Factotum

New member
Joined
Jan 5, 2012
Messages
1
Location
United States
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
 

markush

Regular Member
Joined
May 19, 2011
Messages
172
Location
Kenosha
I often check myself for warrants by calling my local county police and state police as they are two different agencies.
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?
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,710
Location
Fairfax County, Virginia, USA
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.
 

1911er

Regular Member
Joined
Sep 9, 2009
Messages
833
Location
Port Orchard Wa. /Granite Oklahoma
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.
 

deniedpurchase

New member
Joined
Aug 4, 2012
Messages
2
Location
Delaware
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.
 
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