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Old March 25, 2013, 07:59 PM   #1
dhodges
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Join Date: March 25, 2013
Location: jasper ga
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Denied god given right

I live in georgia, i was recently denied the right to purchase a simple .22 rifle from our local walmart. Now i know its not walmart that denied me. I will admit that about 20 years ago when my wife and i were newlyweds we had an argument that went to far and she had a nosey co-worker decide to have her husband that was a police officer from another county push a warrant through charging me with DV. I pled the charge down to simple battery. paid my fine, went through state mandated anger management classes, completed all community services and was released off probation. I have in no way gotten into any other trouble since, not even a.speeding ticket. Not 100% positive that this is even reason for being denied just assumeing it is. What has changed? How can i find out why was denied? If above charge is reason for it i was under understanding that once all pobation, classes, fines etc have been satisfied it would not affect firearm purchase. If not what can i do if anything to get my rights back?

Last edited by dhodges; March 26, 2013 at 05:00 AM.
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Old March 25, 2013, 08:08 PM   #2
Spats McGee
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Welcome to TFL, dhodges!

I'm going to give you the same kind of advice that I give on all of these "help me with my legal predicament threads." It is as follows:
  1. You need a lawyer.
  2. You need a lawyer licensed in your jurisdiction.
  3. You need a lawyer, licensed in your jurisdiction, who is versed in federal and state gun laws.
  4. In your case, you need to ask about "expungement," and "restoration of gun rights."
  5. In the event that you are, in fact, a prohibited person, possession of firearms by you is a federal crime under 18 USC 922. It may also be a crime under state law.
  6. What you do not need is to be posting details about your case on an internet forum.
  7. You have no way of verifying the credentials of anyone here, no matter how well-meaning we may be.
  8. What you tell your lawyer is confidential.
  9. What you post here is not.
Ordinarily, I would lock your thread, but you have some questions that others may be able to answer without adverse effect. Such questions include:
Quote:
How can i find out why was denied?
Best of luck,
Spats
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Last edited by Spats McGee; March 26, 2013 at 05:58 AM.
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Old March 25, 2013, 08:34 PM   #3
dogtown tom
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If you were denied (not delayed) then the dealer is required to give you the NTN (NICS Transaction Number) as well as information on appealing your denial.

Go back to WalMart and ask for the NTN that they recorded on the 4473.

Visit the FBI NICS website: http://www.fbi.gov/about-us/cjis/nic...s/appeals-home it outlines the process for filing a NICS Appeal.

If you have questions about the process please call FBI NICS Customer Service 1-877-444-NICS (6427). Be aware that NICS will not give you the reason for the denial over the phone. You will have to put your information request in writing. You can also fax or email your request for information letter.

FBI NICS will respond to your information request within five business days. (the actual appeal can take up to five months)
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Old March 25, 2013, 09:13 PM   #4
Double Naught Spy
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Quote:
Now i know its not walmart that denied me. I will admit that about 20 years ago when my wife and i were newlyweds we had an argument that went to far and she had a nosey co-worker decide to have her husband that was a police officer from another county push a warrant through charging me with DV. I pled the charge down to simple battery. paid my fine, went through state mandated anger management classes, completed all community services and was released off probation. I have in no way gotten into any other trouble since, not even a.speeding ticket.
I boldfaced the salient words of your description. The rest is just noise (more than likely) in regard to your situation and complaint.

If for what you pled guilty is sufficient to keep you from purchasing a firearm, then it doesn't matter if it was day 1 or day 20,000 after the offense, or that you haven't been in trouble since. Generally speaking, time does not negate the conviction. You have to go through the courts to rectify this situation (if it can be done) or it will remain in place.

Quote:
What has changed?
Maybe the paperwork caught up with your records. Maybe you had not purchased a gun since 2009? In 2009, the Supreme Court held that the Gun Control Act’s prohibition extends to anyone convicted of any crime involving “physical force or the threatened use of a deadly weapon” against a person with whom the perpetrator had a domestic relationship--even if the crime is just plain old “assault and battery” rather than a specific “domestic violence” charge. So even if GA wasn't enforcing the Act prior to then, it should have afterwards for your simple battery against your wife, based on what you described and what I have read. That would make you a prohibited person in regard to purchasing guns and hence your denial.

As noted, get a lawyer. Maybe you can get your record expunged with the argument about how long it has been since you did anything wrong.
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Last edited by Double Naught Spy; March 25, 2013 at 09:20 PM.
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Old March 26, 2013, 05:13 AM   #5
Come and take it.
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Even though the person could be denied under federal law, one must speculate that the FBI is acting more aggressively since Obama signed his executive orders.

If this is the case than there could be many people who have never had a problem before buying a gun will now be clearly denied and may even be subject to confiscation of their firearms if states begin to act like the good ole state of California.
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Old March 26, 2013, 08:36 AM   #6
ScottRiqui
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Quote:
Even though the person could be denied under federal law, one must speculate that the FBI is acting more aggressively since Obama signed his executive orders.
Well, that sounds to me like "enforcing the laws we already have on the books", which is exactly what a lot of us have been asking for, rather than new laws.
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Old March 26, 2013, 08:52 AM   #7
NJgunowner
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Assault, especially spousal assault is generally grounds in most states for denying you the right to own a gun. Doesn't matter if it was plead down to a misdemeanor or not. This ban doesn't go away, EVER. The thinking goes if you're willing to hit the wife once, someone you profess to love enough to spend your life with them, then you're capable of anything.

There's been a push lately to get all the NIC's records up to date. Lots of states were dragging their feet sending in records but they've all started to catch up. Chances are you've been a prohibited person since your conviction, but it only got updated with the latest rush to comply.

As previously stated, lawyer up. You might be in trouble with the guns you have.

One thing no one here mentioned but I will, did you include your social security number when doing the NICs? It could be a case of mistaken identity. They might be picking up another guys name if you didn't use your SS#. Happens a LOT.

Just a point of clarification, no where in the bible does it state your right to own a gun. Your rights are in the Bill of Rights and the Constitution.

We had this discussion over on a NJ gun forum. Crying "God Given" does a lot more harm than good, especially in the North East where they think it makes you sound like a raving loon. This a PR battle as much as a one for the courts, lets not alienate people if we can avoid it.
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Old March 26, 2013, 09:09 AM   #8
Glenn E. Meyer
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I think the question is answered and we don't need more.

Lawyer - that's the answer.

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