Failed Background Check once...always Fail?

jeff_91121 · February 5, 2013, 09:04 PM

Opening post deleted per jeff_91121's request. -- Spats

MLeake · February 5, 2013, 09:18 PM

1) You really shouldn't provide that level of detail about potential crimes or charges on the internet; I suggest you delete most of it while you can edit the post.

2) You really should get a lawyer in your state of residence, who can help you with your issue.

3) When you get that lawyer, he or she is going to hope you haven't posted a bunch of stuff on the internet that might complicate his or her job.

WillyKern69 · February 5, 2013, 09:23 PM

What he said. ^^^^^

**Spats McGee** · February 5, 2013, 09:24 PM

Welcome to The Firing Line, jeff_91121!

You need a lawyer in your state and well-versed in firearms law (federal and state) and criminal law. You do not need to post details of your case on the internet. What you discuss with your lawyer is confidential. What you post on the internet is not. What's more is that you do not have any idea whether the advice you get here is worth a hoot. As these are very sensitive issues that can have lifelong consequences for you, I'd suggest that you simply delete the content of your OP.

MTSCMike · February 5, 2013, 09:27 PM

The question on the 4473 form is "are you [currently] under indictment" not "have you ever been".

wayneinFL · February 5, 2013, 09:38 PM

Here's a guy in a similar situation.

http://thefiringline.com/forums/arch...?t-500211.html

Nolle prosequi is not under indictment or a conviction, so you should be fine.

Restraining order probably was an issue:

http://www.atf.gov/publications/down...f-i-3310-2.pdf

If what you are saying is accurate, I'd go ahead and try to buy whatever you want. It might come back as conditional and you wait a few days. If you're denied, appeal it through the process. If the appeal doesn't go through, consult an attorney.

Just my humble opinion- I am not a lawyer, and did not stay in a Holiday Inn Express last night.

**Spats McGee** · February 5, 2013, 09:44 PM

This is a sensitive issue with potentially life-altering consequences for the OP, so I am going to go ahead and close it now.

February 5, 2013, 09:04 PM	#1
jeff_91121 Junior Member Join Date: January 20, 2013 Posts: 1	Failed Background Check once...always Fail? Opening post deleted per jeff_91121's request. -- Spats Last edited by Spats McGee; February 5, 2013 at 10:23 PM.

February 5, 2013, 09:24 PM	#4
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Welcome to The Firing Line, jeff_91121! You need a lawyer in your state and well-versed in firearms law (federal and state) and criminal law. You do not need to post details of your case on the internet. What you discuss with your lawyer is confidential. What you post on the internet is not. What's more is that you do not have any idea whether the advice you get here is worth a hoot. As these are very sensitive issues that can have lifelong consequences for you, I'd suggest that you simply delete the content of your OP. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

February 5, 2013, 09:27 PM	#5
MTSCMike Senior Member Join Date: March 15, 2011 Location: Middle TN Posts: 164	The question on the 4473 form is "are you [currently] under indictment" not "have you ever been". __________________ IDPA Member A00640 Founding Charter Member - Middle Tennessee Shooter's Club

February 5, 2013, 09:44 PM	#7
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	This is a sensitive issue with potentially life-altering consequences for the OP, so I am going to go ahead and close it now. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

February 5, 2013, 09:18 PM	#2
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	1) You really shouldn't provide that level of detail about potential crimes or charges on the internet; I suggest you delete most of it while you can edit the post. 2) You really should get a lawyer in your state of residence, who can help you with your issue. 3) When you get that lawyer, he or she is going to hope you haven't posted a bunch of stuff on the internet that might complicate his or her job.

February 5, 2013, 09:23 PM	#3
WillyKern69 Senior Member Join Date: February 15, 2012 Location: Texas Posts: 160	What he said. ^^^^^

February 5, 2013, 09:38 PM	#6
wayneinFL Senior Member Join Date: December 18, 2004 Posts: 1,944	Here's a guy in a similar situation. http://thefiringline.com/forums/arch...?t-500211.html Nolle prosequi is not under indictment or a conviction, so you should be fine. Restraining order probably was an issue: http://www.atf.gov/publications/down...f-i-3310-2.pdf If what you are saying is accurate, I'd go ahead and try to buy whatever you want. It might come back as conditional and you wait a few days. If you're denied, appeal it through the process. If the appeal doesn't go through, consult an attorney. Just my humble opinion- I am not a lawyer, and did not stay in a Holiday Inn Express last night.