The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights > Legal and Political

 
 
Thread Tools
Old November 26, 2006, 08:09 PM   #1
brian6839
Junior Member
 
Join Date: November 26, 2006
Posts: 4
Denied firearm purchase

I live in Georgia and tried to buy a shotgun at a local wal-mart and was denied due to my background check. I have e-mailed the fbi as to why i was denied but while im waiting for them to respond i thought someone in here could give me some helpful info. I can tell you i am not a felon ,never been in a mental institute or convicted of a sex crime. When i was younger i drank and fought alot but never a felon. My question is can i get my rights restored and since i am not a felon can i borrow a gun from a friend to hunt with or even buy one from a friend legally.
brian6839 is offline  
Old November 26, 2006, 09:41 PM   #2
Dean C
Senior Member
 
Join Date: June 13, 2004
Location: Mill Creek (Just north east of Seattle)
Posts: 325
I don't believe the entire story has been revealed here.

Don't even think of buying or borrowing a firearm until you get resolution to the "denied" status.

dean
__________________
Viet Nam Vet
American Legion Member
Former NRA Member (Still thinking about that)
Pro 2A Washington (Charter Member)
Dean C is offline  
Old November 26, 2006, 09:45 PM   #3
Ruger4570
Senior Member
 
Join Date: April 3, 2005
Location: Rochester, New York
Posts: 2,136
There seems to be "something" in your past to wave a flag on a NIC check..Possibly you have a name that is associated with someone the FBI doesn't like. I would certainly find out what the deal is soon.
Ruger4570 is offline  
Old November 26, 2006, 10:37 PM   #4
jfrey123
Senior Member
 
Join Date: July 7, 2006
Location: Reno, NV.
Posts: 1,026
Pretty sure posessing a firearm would be a bad idea if there's something in your past preventing you from legally buying one...
__________________
Rock out with your Glock out!
jfrey123 is offline  
Old November 26, 2006, 11:07 PM   #5
tony pasley
Senior Member
 
Join Date: April 13, 2006
Location: western north carolina
Posts: 1,376
Do you have a domestic violence charge or ever had a restraining order against you? These will disqualify you from a firearm period.
tony pasley is offline  
Old November 26, 2006, 11:07 PM   #6
brian6839
Junior Member
 
Join Date: November 26, 2006
Posts: 4
thank you for your replies i guess i will get this matter cleared before i go hunting can someone tell me the steps i need to take to get my name cleared
brian6839 is offline  
Old November 26, 2006, 11:11 PM   #7
brian6839
Junior Member
 
Join Date: November 26, 2006
Posts: 4
my sister was 16 and very rebellious so my father sent her to me well to make a long story short the third time the police had to come out she ran off and they decided someone was going to jail regardless so they arrested me but she went back to florida and never showed for court so the charges were dropped
brian6839 is offline  
Old November 27, 2006, 08:38 AM   #8
old 12 gauge
Junior member
 
Join Date: November 3, 2006
Posts: 165
Go to your local state police barrecks and have them run a check on you, may save a lot of time playing with the FBI and will take seconds. after you find out what is on your record, you can go from there. if you've been arrested for fighting, that's an assault, voilence which is a no-no unless you've done it for the government in vietnam or Iraq, then it's ok.
old 12 gauge is offline  
Old November 27, 2006, 09:14 PM   #9
liliysdad
Senior Member
 
Join Date: June 7, 2004
Posts: 1,144
Sounds like you have a DV arrest. Gonna be tough to get it off of your record, and will be even tougher to get it off the NICS system.
liliysdad is offline  
Old November 28, 2006, 07:17 AM   #10
blume357
Senior Member
 
Join Date: August 2, 2005
Location: Greenville, SC
Posts: 3,943
I'm not sure about in Georgia...but in S.C.

I know this is going to be hard to believe...but it works... Get a concealed weapons permit.... the back ground check is more in depth...but in the end things that at first look like problem... silly arrest... years ago will not cause you to be denied a permit.... even many convictions won't. then with the permit you don't need a back ground check...where some bored goverment employee is just scanning a zillion records...

So, besides doing like the others mentioned above and finding out if there is a problem on your record... it is just as likely the person on the phone made a mistake... find out if a CCW in Georgia will by-pass the back ground check. Sure saved a lot of waiting and stress for me.
blume357 is offline  
Old November 28, 2006, 09:50 AM   #11
Prophet
Junior member
 
Join Date: November 20, 2006
Location: Great State of TEXAS
Posts: 244
Thats good to know that some criminals can bypass background checks just becuase they have a CHL
Prophet is offline  
Old November 28, 2006, 10:09 AM   #12
old 12 gauge
Junior member
 
Join Date: November 3, 2006
Posts: 165
So, besides doing like the others mentioned above and finding out if there is a problem on your record... it is just as likely the person on the phone made a mistake... find out if a CCW in Georgia will by-pass the back ground check. Sure saved a lot of waiting and stress for me.
but a person carring a weapon that is not supposed to be is just in more trouble, possible prison if caught.
old 12 gauge is offline  
Old November 28, 2006, 11:06 AM   #13
threegun
Junior member
 
Join Date: March 1, 2006
Location: Tampa,Fl
Posts: 4,000
If you cannot buy a gun you will not get a permit. The government has a provision for those cases that are in the gray area (so to speak) in which they give the purchaser a conditional non approval. This allows the gov. 3 additional days to further check your background. They also occasionally offer an appeal form. This must be filled out buy the seller and purchaser and it must include finger prints of the purchaser (print card must be done by law enforcement and signed by them).

A domestic violence arrest will not prevent a purchase unless the case is pending or you were convicted.

A restraining order can only prevent you from purchasing a gun if it in force.

Only felony convictions count. If O.J. Simpson's only brush with the law was his murder trial, he can buy a gun today.

Also Misdemeanor convictions for violence or drugs will prevent a gun purchase for three years after the conviction.
threegun is offline  
Old November 28, 2006, 01:39 PM   #14
Pucker
Senior Member
 
Join Date: November 7, 2006
Posts: 144
While all of these things prevent you from buying guns through an FFL, I thought they don't restrict your ability to own firearms. Or hold them. Or shoot them.

No Felony. No problem.

Or so I thought.
Pucker is offline  
Old November 28, 2006, 03:05 PM   #15
threegun
Junior member
 
Join Date: March 1, 2006
Location: Tampa,Fl
Posts: 4,000
My boss was served a temporary restraining order by HCSO because his angry then wife wanted to cause as much trouble for him as possible. He was allowed to maintain his FFL until the court date but was not supposed to handle guns or enter the "gun area". Nor was he allowed to posses or carry.
threegun is offline  
Old November 28, 2006, 03:20 PM   #16
invention_45
Senior Member
 
Join Date: January 30, 2006
Location: Broward County
Posts: 972
Quote:
I don't believe the entire story has been revealed here.

Don't even think of buying or borrowing a firearm until you get resolution to the "denied" status.

dean
The above is equal to advice told to me over the phone 4 times in increasingly hostile tones by my "Beverly Hills-Priced" lawyer.

DO NOT buy a gun if the FBI has told you no in any way, shape, or form.

Either figure out and resolve the problem then get the gun, or forget about it and do without.

I can tell you that enough has been revealed to form the basis of having the FBI deny you your gun, whether they did it "legally" or not.
invention_45 is offline  
Old November 28, 2006, 04:01 PM   #17
threegun
Junior member
 
Join Date: March 1, 2006
Location: Tampa,Fl
Posts: 4,000
Brian,
Lying (or otherwise misrepresenting the facts) on a federal form #4473 is a felony offense all by itself. For the gun dealer to proceed to the step of calling the FBI NICS or in our case the FDLE you must have completed the form correctly. If you have a restraining order in force or felony or battery domestic violence convictions you had to have committed a felony by filling out the 4473 form, in your case with misinformation. I strongly suggest that you see this thing thru to the end.
threegun is offline  
Old November 28, 2006, 05:06 PM   #18
Doug.38PR
Junior member
 
Join Date: January 18, 2005
Posts: 3,298
seems to me if they are going to deny you your right to keep and bear arms....they owe you an explanation not just "you're denied."
Don't you love our system

Keep after them!

Wish you well Brain
Doug.38PR is offline  
Old November 28, 2006, 05:19 PM   #19
UH1-D Rotorhead
Junior member
 
Join Date: March 15, 2006
Posts: 576
Why do I get the feeling the....

....whole story has yet to be told...there has GOT to be something you did...domestic violance, a felony, known recovering drug abuser or psych patient, in "recovery"...something Tell us what you are leaving out, however insignificant you think it may be.
UH1-D Rotorhead is offline  
Old November 28, 2006, 05:20 PM   #20
Double Naught Spy
Senior Member
 
Join Date: January 8, 2001
Location: Forestburg, Montague County, Texas
Posts: 10,423
Quote:
seems to me if they are going to deny you your right to keep and bear arms....they owe you an explanation not just "you're denied."
Don't you love our system
Who are they? Do you mean NCIS/FBI/Gov or Wal-mart? Wal-mart give him their reason. NCIS said to not allow the sale. That is the limit of their need to deal in the situation as his problems with his record and the government have nothing to do with Wal-Mart.

He can find out, only not at Wal-mart. That isn't their job. On top of that, does a person really want the NCIS system spitting back a return that is then repeated back to that person via one of those highly confidential Wal-Mart or other gun shop employees. Does a clerk really need to know the reason why he was denied a gun purchase?

As noted above, he needs to go to the source and find out for himself.
Double Naught Spy is offline  
Old November 28, 2006, 05:24 PM   #21
mete
Senior Member
 
Join Date: June 14, 2004
Location: NY State
Posts: 5,353
ThERe was a news item yesterday about the fact that recently the FBI computer system that handles it has been down a number of times recently !! Ah, Homeland Security - don't you feel more secure ???
mete is online now  
Old November 28, 2006, 05:28 PM   #22
badbob
Junior member
 
Join Date: August 17, 2006
Posts: 999
Failed background check? Read this article:http://www.peoplesrights.org/articletemplate.asp?id=46

badbob
badbob is offline  
Old November 28, 2006, 05:37 PM   #23
Samurai
Senior Member
 
Join Date: November 20, 2001
Location: Knoxville, TN
Posts: 901
Step 1: Go talk to a Criminal Defense attorney.
Step 2: Listen to what the Criminal Defense attorney says.
Step 3: Do what the Criminal Defense attorney says.
__________________
- Honor is a wonderful and glorious thing... until it gets you killed!

- Why is it that we fire 1,000 rounds and know that we need more practice, but yet we punch a bag 10 times and think we know how to fight?

- When in doubt, train, train, train...
Samurai is offline  
Old November 28, 2006, 06:02 PM   #24
threegun
Junior member
 
Join Date: March 1, 2006
Location: Tampa,Fl
Posts: 4,000
Sometimes people who have popular names have trouble with the check and are issues conditional non approvals. Green, Williams, Jones, are examples of popular names.
threegun is offline  
Old November 28, 2006, 06:25 PM   #25
bobhwry
Junior member
 
Join Date: April 5, 2006
Posts: 530
My FFL is also a LEO and he as yet to see a denial that wasn't based on a criminal record or outstanding warrants! Not saying mistakes are not made, but in his experience the system works as intended.So I suspect there is something in your background that triggered the denial.
bobhwry is offline  
 

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 09:48 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.13020 seconds with 7 queries