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Old March 23, 2010, 09:07 PM   #1
mash vet
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Join Date: March 23, 2010
Location: michigan s.c.s
Posts: 11
i need some feed back

others should know. when i was young and dumb i did foolish things with some foolish people. hung out ounce with them got into some trouble. my criminal file was sealed. joined the army got out went to work and 13yrs later applied for a hand gun only to find out my file was never sealed. got intouch with state police took a little over a week my file is now sealed. went back to my police department to get a purchase permit. this should only take one day but the police department says they need my sealed file now the state police do the check i was just wondering why do they need a sealed file. when they can just send the paper work to the state. please if anyone can explaine this to me or just give me your opinion that would be great thankx

Last edited by mash vet; March 23, 2010 at 09:17 PM.
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Old March 23, 2010, 09:18 PM   #2
Daryl
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You can seal a file, but if it still exists then it can be obtained. Since they want a complete record, they want the sealed file as well.

You need to consult an attorney in your state for advice. You will most likely have to get the record wiped out completely, or your rights restored by a judge.

Some "shall issue" states provide that if the government can't provide proof that you CAN'T own a gun within a legally specified time frame, then you can buy it. Even so, if you buy it and by federal law you're considered a prohibited possessor then you might very well get into trouble.

Consult a lawyer.

Daryl
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Old March 23, 2010, 09:34 PM   #3
mash vet
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thank u

i live in mi and what gets me is i have bought rifles with back round checks before no promblem. and the state police who issue handgun permits here have told me its fixed and all i have to do is go to my local police station but my local say they need me to bring the file in. they dont do the back round check the state police do. gets me
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Old March 23, 2010, 10:12 PM   #4
Daryl
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I hear you, but each state is different.

I'm in Arizona, and there are no permits to buy or own a firearm here. One can get a CCW permit to carry concealed, but no permit is needed to buy, own, or open carry a firearm.

To buy, I need only pass an "instant background check", or provide my CCW permit, which serves as proof of approval.

In your case, it sounds like you're up against a stacked deck. They hold all the cards, and may not be dealing with you according to the law. Consult an attorney, because they'll know the proceedure to best accomplish your needs and keep you out of trouble.

Lawyers are expensive, but like a good doctor, there are times that their knowledge and abilities are invaluable.

Daryl
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Old March 23, 2010, 10:22 PM   #5
88KEYS
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Join Date: January 21, 2010
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I think that if the file is sealed they, yes even the police will have a hard time getting your records. I suspect it was a Juvenile crime and in most States that file goes away. However in some States the Juvenile conviction can bar a person from owning a firearm, some Felony charges will follow you. Also in some States the Juvenile system can impose a sentence even if probation that can go until age 21, moving the Juvenile offense into the Adult “time period” past age 18.

I used to issue carry permits and can say the other post is correct, if they “must issue” then the burden is on them to prove you are not entitled to a carry or pistol ownership permit. I know that it is easy to turn people away, however when you make application the clock starts ticking. It depends on the language of the law, in my State I was very pro gun and would issue unless they were clearly prohibited. I also applied common sense an old sealed conviction, then military service, sound ok to me. Other jurisdictions were known to be tougher; guys at my club would tell me all the problems they were having.

So after all this from my experience as one that issued them (now retired LEO), I would make application make sure you have all the required stuff, check, and safety class. I would enclose a cover letter explaining the situation and telling them the State said you have no problems. In my case once application was made, I had to deal with it and had time requirements in the Law 30 days for residents, 60 days if you lived out of State in the past 10years.

Try that just turn it in, see what they do, then if they deny look at the appeal process. If the person has a boss and we all do, talk with them if you cannot work it out. Then a lawyer is expensive but it might just take a letter from a lawyer to get them moving.
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Old March 23, 2010, 10:24 PM   #6
mash vet
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thank u. guess im going to get a layer. this is why i think the second amendment is so important when vets have promblems getting fire arms theres a promblem with our goverment. with in reason
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Old March 24, 2010, 09:11 PM   #7
mash vet
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no lawyer needed

well after last night i was prepared for the worst, after all the advice iwas given which was excelent but went to the police gave them my file they said heres your test when u pass u can go and get your hand gun. couldn't believe it now i'm happy i thaught the goverment was just trying to control me but to my surprise when i produced everything they said ok and only cost me half a tank of gas. but i would like to thank those of u who replied because you guys are right next step would of been a lawyer.
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