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Old December 7, 2013, 10:14 PM   #1
jttruckin
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I own a gun and now I'm denied to buy another

Hey guys, quick background story. I had a felony for insurance fraud 6 years ago. It was expunged from my record. Had it all taken care of. I bought a 12ga shotgun last year, the doj delayed my application, said they needed something from the attorney on my case. They got the info they needed and released my gun and said I wouldn't have any other problems going forward. This was in CA, I now live in GA. I went to buy a ar-15 lower and was denied, called nics and they said I would get something in the mail after I file a repeal online, so I did. I got the letter and It says I need to send them my court documents or a copy of my rolled finger prints and gave me the link to go on the fbi website to print it off. On the finger print form it ask for agencys number(not phone number) and other stuff I have no Idea about. My question is has anyone else had this problem? Any tips on how to speed this up. Im a truck driver so getting home isnt always quick for me. I plan to go to target and buying a stamp pad and stamping my fingers my self, it shows you how to do it but it asks you where you had it done. It also asks who your employer is. When I called nics they are completly in the dark about everything. I'm not sure who I can ask info from because I own a gun and now I'm denied. I'm not sure if I'm breaking the law. I tried looking through the forum but couldn't find another thread like this. Thanks in advance!
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Old December 7, 2013, 10:40 PM   #2
MTT TL
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- If you are not a prohibited person for some reason you are fine for keeping the gun you have

- Most states and counties will allow you to get fingerprints at the County Sheriff's office. There may be a fee.
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Old December 7, 2013, 10:43 PM   #3
TXAZ
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Welcome Jttruckin.
While the advice on TFL is typically good, you need to get official answers from an attorney or nics. The risk otherwise could be significant.
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Old December 7, 2013, 11:14 PM   #4
Tom Servo
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While we can't give procedural legal advice, we can shed some light on the appeals process.

First, I'm assuming you've reviewed the appeal guidelines. If not, start there.

Your next step should be to contact the court in which your initial conviction occurred. They may not have filed the correct paperwork when your case was expunged. It would probably help to contact an attorney there to speed up the process.
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Old December 7, 2013, 11:45 PM   #5
kilimanjaro
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You can take that print form in to the local police department and have them print you. Might charge a fee.

The sheriff will complete the form and sign it.

If you do your own prints, expect to see delays and issues. I'd be surprised if the Gov't would accept them, as they are not certified by an LEO as belonging to you.
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Old December 9, 2013, 02:28 PM   #6
jttruckin
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Thank you guys for the advice. I will be going to the pd to get finger printed.
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Old December 9, 2013, 06:54 PM   #7
Doyle
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If you do get this problem straightened out AND you intend to buy more firearms, you might want to apply for a UPIN (Unique Personal Identification Number). It is usually most beneficial to those people who have a name that is the same or similar to a scumbag with a criminal record. However, in your case I wonder if having it might smooth out the NICS process.
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Old December 9, 2013, 07:39 PM   #8
Pahoo
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Lawyers get paid by the minute !!!

Quote:
It was expunged from my record.
I guess that's not worth the paper it's written on and this happens all the time. A buddy of mine had all charges dropped on an assault charge and he too thought the matter was "expunged". He had not even gone to court. When Iowa went to shall issue and he applied, he was denied and after a year and a half as well as legal support, he was free. .....

Be Safe !!!
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Old December 9, 2013, 09:56 PM   #9
cal10
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This is weird, if you stayed in California you could still buy with 10 day waiting period, who da thunk? I would think Georgia would be more lenient than California. I had a similar problem with a purchase in California a few years back. I had an open felony charge, supposedly, it took a few extra days to clear up, but the embarrassment was harsh when I went to pick it up and was denied. Nobody bothered to call me to clarify the situation, when I found out I went to the courthouse and requested my file and they told me they didn't have it and that it was probably destroyed years ago. They also told me that someone else was looking for the file (DOJ). I called the DOJ the next morning and they told me they released the hold.
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Old December 10, 2013, 08:01 AM   #10
rebs
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I believe in NYS that if you were arrested the arrest record stands even if the charges were dismissed or you were given a conditional discharge. If asked if you were ever arrested you have to answer yes, asked if you were found guilty of any crime you can answer no.
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Old December 10, 2013, 08:36 AM   #11
Brian Pfleuger
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I own a gun and now I'm denied to buy another

Quote:
Originally Posted by cal10 View Post
This is weird, if you stayed in California you could still buy with 10 day waiting period, who da thunk? I would think Georgia would be more lenient than California. I had a similar problem with a purchase in California a few years back. I had an open felony charge, supposedly, it took a few extra days to clear up, but the embarrassment was harsh when I went to pick it up and was denied. Nobody bothered to call me to clarify the situation, when I found out I went to the courthouse and requested my file and they told me they didn't have it and that it was probably destroyed years ago. They also told me that someone else was looking for the file (DOJ). I called the DOJ the next morning and they told me they released the hold.

That's not correct.

On a DELAY you can pick up the gun at a later date, the 5th business day IIRC. State laws may specify longer I don't know. However, the OP said he was DENIED. There is no waiting period on a denial. Denial is a permanent "No!", except for appeal.
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Old December 10, 2013, 12:48 PM   #12
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This is one of the huge flaws in our system. For many, many years, records of arrests have been tracked, compiled, and fed to every agency that might have any interest in such things.

Records of the disposition of such cases (convictions, dismissals, acquittals, etc.,) were not so carefully collected and passed on. A conviction can be counted on to show up in every database, but other dispositions? FLIP A COIN!

There is a process to get things fixed. It, like all such things is cumbersome, time consuming, and may be costly (lawyer fees, etc).

Follow the approved process, use copious amounts of patience and hope, along with whatever costs are incurred. There really isn't much else to be done. (if your lawyer tells you differently, take their advice, over mine )
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Old December 10, 2013, 05:44 PM   #13
markj
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My bud had his felony conviction "set aside" he obtained documents from teh clerk of the court showed this to b factual, he hands these docs to teh count sheriff when he applies for a permit to purchase andlately his concealed carry permit. To get it completly expunged he needs to get a "pardon" from the pardon committe like that husker running back did the other week.

The agency that arrested you will have a arrest report stating a conviction so any call to purchase a gun will reflect that, the pardon will remove this.

Get a lawyer and pay him to take care of the legal stuff.
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