Nics Check

Riceman · March 12, 2012, 10:28 AM

Hello all,
Is there a way to see if you would be denied during a nics check? Can I run a check on myself?

Little background:
When I was younger I was convicted of 3 class C Felonies (Theft) in Washington State. I have since had my records sealed and my firearms rights restored. My lawyer also told me "Juvenile adjudications do not result in a firearm disability under federal law." I no longer live in Washington.

I am wanting to get my CCW. I don’t want to apply and be denied.

Thanks for any info.

Webleymkv · March 12, 2012, 10:34 AM

If your firearm rights have been restored, I see no reason that you should fail a NICS check. However, obtaining a CCW license may be different as that would depend on Idaho state law with which I am not familiar.

dogtown tom · March 12, 2012, 10:41 AM

Quote:

Riceman Hello all,
Is there a way to see if you would be denied during a nics check?

The only way to see if you will pass an FBI NICS check is to purchase a firearm. FBI NICS expressly prohibits dealers from running trial checks.

Quote:

Can I run a check on myself?

No. FBI NICS is accessible by dealers only.

If you are denied there is an appeal procedure.

Riceman · March 12, 2012, 11:01 AM

Dogtown that is what I thought. I guess I will just have to talk the wife into buying a new gun.

We will see how that goes.

hermannr · March 12, 2012, 05:40 PM

If your rights have been restored, it is as if it never happened. don't worry about it.

UnlicensedOC is available in ID as well as WA too you know.

**Tom Servo** · March 12, 2012, 06:59 PM

Quote:

I guess I will just have to talk the wife into buying a new gun.

There's a potential felony (perhaps two) involved in that plan.

hoytinak · March 12, 2012, 07:20 PM

Quote:

convicted of 3 class C Felonies

Quote:

I guess I will just have to talk the wife into buying a new gun.

So you've already had 3 felonies and considering adding another?

Now if your firearms rights have been restored, buy the firearm yourself. If you do get denied go through the proper appeal process.....do it right and learn from your past mistakes, don't add to them.

Kreyzhorse · March 12, 2012, 07:21 PM

I hope you meant you will be buying yourself a new gun once you discuss it over with the wife.

If, as Tom Servo points out, she buys one for you as a straw purchase, that is a huge problem.

Riceman · March 12, 2012, 07:33 PM

Yes I mean after I talk it over with my wife I will buy the gun.
If I read the law right it's only a straw purchase if she buys it for me and I'm prohibited from legally owning a gun. I can legally own a gun just not sure I would pass a nics check because the database has not been updated. I hope that is the case because she did buy me a rifle for Christmas.

michaelcj · March 12, 2012, 08:48 PM

Juvenile felonies in the State of Washington DO result in the loss of your state and federal rights to own or possess fire arms. It is a permanent loss only recoverable after the statutory waiting period [ varies with the type and class of the original felony], by going back to the Court in which you were convicted and sentenced [called a Disposition in Juvenile Court], and petitioning the Court to restore your rights. It is not automatic and is not "included" in having your Juvenile Record Sealed at age 23 [earliest you can do that unless it was a successful Deferred Disposition].

So unless you have had a hearing in the Court [County Jurisdiction] that originally convicted you and had your rights specifically re-instated [ In which case you would have gotten a copy of the Court Order].... you are still prohibited from owning or possessing [including constructive possession] any fire arm.

Hope you get it figured out... remember it's one thing to be the oldest kid in Juvenile Detention....Quite another to be the youngest kid in State Prison.

Mike J

Don P · March 12, 2012, 08:58 PM

Quote:

If I read the law right it's only a straw purchase if she buys it for me and I'm prohibited from legally owning a gun. I can legally own a gun just not sure I would pass a nics check because the database has not been updated. I hope that is the case because she did buy me a rifle for Christmas.

If memory serves me right if you can't legally own one then the wife can't as long as the 2 of you are living under the same roof. I'm quite sure that if I'm wrong I'll be corrected

Riceman · March 12, 2012, 09:02 PM

Mike,
My attorney, Paul Ferris, was the one that told me that "Juvenile adjudications do not result in a firearm disability under federal law." he seems to know his stuff. Also yes I have had both my records sealed and my firearms rights restored and have copies of both court orders.

**Tom Servo** · March 12, 2012, 09:03 PM

Quote:

If I read the law right it's only a straw purchase if she buys it for me and I'm prohibited from legally owning a gun.

That is a common and dangerous misreading of the law. The eligibility of the eventual recipient is irrelevant; what is illegal is the actual proxy buy.

You really need to check with a lawyer.

michaelcj · March 12, 2012, 09:11 PM

If you have had them restored then it is a non-issue. For the last 15 years I have been in court every Thursday "administering" the Juvenile code during our Superior Court [Juvenile Division] calendar. I'm pretty sure of what I'm talking about and there is no distinction juvenile/adult as far as firearms rights are concerned state or federal.

Here I'm talking about having any rights removed because of felony convictions and the eventual restoration [or not] of those rights. Of course there are many state statutes applying to juveniles regarding possession of firearms in general.

Mike J.

**44 AMP** · March 12, 2012, 09:26 PM

Quote:

If memory serves me right if you can't legally own one then the wife can't as long as the 2 of you are living under the same roof. I'm quite sure that if I'm wrong I'll be corrected

Here's your correction...
Prohibited persons can live under the same roof, as long as they do not have access to the firearms. That means the guns have to be locked up, and the prohibited person cannot know the safe combination, or have access to the keys.

If the keys are on the key ring with her car keys, and you drive her car, you have "access" and are in violation. If the keys hang up where you can get them, you are in violation. Get the picture. If the prohibited person would have to physcially break open the safe to get the guns, your are ok.

If you are not a prohibited person, wifey can buy you a gun and give it to you as a gift. She can buy it for herself, and loan it to you sometime. But she can't legally buy a gun "for you".

Riceman · March 12, 2012, 09:31 PM

44 my wife did buy the rifle and gave it to me as a gift. I did not ask her to buy it "for" me. So this is not a straw purchase.

March 12, 2012, 10:28 AM	#1
Riceman Member Join Date: July 14, 2001 Location: Boise, ID Posts: 28	Nics Check Hello all, Is there a way to see if you would be denied during a nics check? Can I run a check on myself? Little background: When I was younger I was convicted of 3 class C Felonies (Theft) in Washington State. I have since had my records sealed and my firearms rights restored. My lawyer also told me "Juvenile adjudications do not result in a firearm disability under federal law." I no longer live in Washington. I am wanting to get my CCW. I don’t want to apply and be denied. Thanks for any info.

March 12, 2012, 07:21 PM	#8
Kreyzhorse Senior Member Join Date: April 12, 2006 Location: NKY Posts: 12,463	I hope you meant you will be buying yourself a new gun once you discuss it over with the wife. If, as Tom Servo points out, she buys one for you as a straw purchase, that is a huge problem. __________________ "He who laughs last, laughs dead." Homer Simpson

March 12, 2012, 09:11 PM	#14
michaelcj Senior Member Join Date: June 15, 2011 Location: Lopez Island, WA Posts: 279	If you have had them restored then it is a non-issue. For the last 15 years I have been in court every Thursday "administering" the Juvenile code during our Superior Court [Juvenile Division] calendar. I'm pretty sure of what I'm talking about and there is no distinction juvenile/adult as far as firearms rights are concerned state or federal. Here I'm talking about having any rights removed because of felony convictions and the eventual restoration [or not] of those rights. Of course there are many state statutes applying to juveniles regarding possession of firearms in general. Mike J. Last edited by michaelcj; March 12, 2012 at 09:17 PM.

March 12, 2012, 10:34 AM	#2
Webleymkv Senior Member Join Date: July 20, 2005 Location: Indiana Posts: 10,446	If your firearm rights have been restored, I see no reason that you should fail a NICS check. However, obtaining a CCW license may be different as that would depend on Idaho state law with which I am not familiar.

March 12, 2012, 11:01 AM	#4
Riceman Member Join Date: July 14, 2001 Location: Boise, ID Posts: 28	Dogtown that is what I thought. I guess I will just have to talk the wife into buying a new gun. We will see how that goes.

March 12, 2012, 05:40 PM	#5
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	If your rights have been restored, it is as if it never happened. don't worry about it. UnlicensedOC is available in ID as well as WA too you know.

March 12, 2012, 07:33 PM	#9
Riceman Member Join Date: July 14, 2001 Location: Boise, ID Posts: 28	Yes I mean after I talk it over with my wife I will buy the gun. If I read the law right it's only a straw purchase if she buys it for me and I'm prohibited from legally owning a gun. I can legally own a gun just not sure I would pass a nics check because the database has not been updated. I hope that is the case because she did buy me a rifle for Christmas.

March 12, 2012, 08:48 PM	#10
michaelcj Senior Member Join Date: June 15, 2011 Location: Lopez Island, WA Posts: 279	Juvenile felonies in the State of Washington DO result in the loss of your state and federal rights to own or possess fire arms. It is a permanent loss only recoverable after the statutory waiting period [ varies with the type and class of the original felony], by going back to the Court in which you were convicted and sentenced [called a Disposition in Juvenile Court], and petitioning the Court to restore your rights. It is not automatic and is not "included" in having your Juvenile Record Sealed at age 23 [earliest you can do that unless it was a successful Deferred Disposition]. So unless you have had a hearing in the Court [County Jurisdiction] that originally convicted you and had your rights specifically re-instated [ In which case you would have gotten a copy of the Court Order].... you are still prohibited from owning or possessing [including constructive possession] any fire arm. Hope you get it figured out... remember it's one thing to be the oldest kid in Juvenile Detention....Quite another to be the youngest kid in State Prison. Mike J

March 12, 2012, 09:02 PM	#12
Riceman Member Join Date: July 14, 2001 Location: Boise, ID Posts: 28	Mike, My attorney, Paul Ferris, was the one that told me that "Juvenile adjudications do not result in a firearm disability under federal law." he seems to know his stuff. Also yes I have had both my records sealed and my firearms rights restored and have copies of both court orders.

March 12, 2012, 09:31 PM	#16
Riceman Member Join Date: July 14, 2001 Location: Boise, ID Posts: 28	44 my wife did buy the rifle and gave it to me as a gift. I did not ask her to buy it "for" me. So this is not a straw purchase.