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Old April 16, 2018, 05:44 PM   #1
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Join Date: January 25, 2018
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Time sensitive MN,WI,FBI denials and conflictions

Guys, this is a longwinded post, please bear with me…

I ‘ve researched the forums and can’t find a definite answer on this. Hopefully some of you have good advice, legit legal advice, or even some good anecdotal quips?

So, a coworker has been going through ups and downs about legal purchase/possession. Approximately 6 months ago, he legally purchased a handgun in the state of Wisconsin. Then, approximately 2 months ago, he tried to purchase a bolt action rifle, but was denied. As he explains to me, the state of Wisconsin handles their own hand gun purchases, however, long guns go through the NICS system.

He has been giving me daily updates about his situation, and it really seems mind bottling…

First of all, he appealed the NICS denial, and was later told that his denial was due to US code, title 18, sections 921(a)(20), and 922(g)(1), which states that, “a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.”

So, he went to get fresh fingerprints, and a background check from the state in which the offense occurred (Minnesota), and continued his appeal.

The FBI got back to him stating that they are now denying him for Wisconsin state code, 941.29(1)(b), “convicted of a crime elsewhere that would be a felony if committed in this state.”

Even though the crime was considered a gross misdemeanor, and carried less than a year imprisonment, and based upon evidence gathered from the court, this would not be a felony conviction in any state. He was wrongfully accused and had a witness show up to his court hearing. All charges were dropped, except for one which "could" be a felony, but was charged under MN state statutes that it was deemed a gross misdemeanor.

Now, the thing that seems odd to me is, why would the state approve him for a handgun, if he was prohibited from gun possession? It seems that the FBI or the state of Wisconsin is making a mistake somewhere.

He has also told me that he talked to the local sheriff, DOJ, and the attorney generals office. All of those agencies told him that if he was approved, he should be good. Furthermore, they said, if he wanted absolute proof, he should try to apply for another handgun, or a CCW permit. In fact, the attorney general, and the DOJ, told him to buy a new handgun so it goes through them as opposed to the fbi.

The question is…….. Who is right and who is wrong? How can a person be approved by the state, but yet denied by the feds for a “state” law?

This guy has documentation from the state in which the crime occurred, that clearly states, he is NOT prohibited from firearm possession. Plus, the state in which he last purchased a firearm says he is NOT prohibited. Yet for some reason, the feds are saying that he IS prohibited.

So, is he prohibited? How can he find out whether or not he is? And more importantly, how can he get his record to jive with both the state and the federal government?
9milnoob is offline  
Old April 16, 2018, 06:15 PM   #2
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,295
Originally Posted by 9milnoob
...So, is he prohibited?...
We don't know and can't know based on what you've told us.

Originally Posted by 9milnoob
...How can he find out whether or not he is? And more importantly, how can he get his record to jive with both the state and the federal government?
He can hire a lawyer to attend to this for him.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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appeal , fbi , minnesota , nics , wisconsin

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