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Old November 26, 2006, 08:09 PM   #1
brian6839
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Denied firearm purchase

I live in Georgia and tried to buy a shotgun at a local wal-mart and was denied due to my background check. I have e-mailed the fbi as to why i was denied but while im waiting for them to respond i thought someone in here could give me some helpful info. I can tell you i am not a felon ,never been in a mental institute or convicted of a sex crime. When i was younger i drank and fought alot but never a felon. My question is can i get my rights restored and since i am not a felon can i borrow a gun from a friend to hunt with or even buy one from a friend legally.
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Old November 26, 2006, 09:41 PM   #2
Dean C
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I don't believe the entire story has been revealed here.

Don't even think of buying or borrowing a firearm until you get resolution to the "denied" status.

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Old November 26, 2006, 09:45 PM   #3
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There seems to be "something" in your past to wave a flag on a NIC check..Possibly you have a name that is associated with someone the FBI doesn't like. I would certainly find out what the deal is soon.
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Old November 26, 2006, 10:37 PM   #4
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Pretty sure posessing a firearm would be a bad idea if there's something in your past preventing you from legally buying one...
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Old November 26, 2006, 11:07 PM   #5
tony pasley
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Do you have a domestic violence charge or ever had a restraining order against you? These will disqualify you from a firearm period.
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Old November 26, 2006, 11:07 PM   #6
brian6839
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thank you for your replies i guess i will get this matter cleared before i go hunting can someone tell me the steps i need to take to get my name cleared
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Old November 26, 2006, 11:11 PM   #7
brian6839
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my sister was 16 and very rebellious so my father sent her to me well to make a long story short the third time the police had to come out she ran off and they decided someone was going to jail regardless so they arrested me but she went back to florida and never showed for court so the charges were dropped
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Old November 27, 2006, 08:38 AM   #8
old 12 gauge
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Go to your local state police barrecks and have them run a check on you, may save a lot of time playing with the FBI and will take seconds. after you find out what is on your record, you can go from there. if you've been arrested for fighting, that's an assault, voilence which is a no-no unless you've done it for the government in vietnam or Iraq, then it's ok.
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Old November 27, 2006, 09:14 PM   #9
liliysdad
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Sounds like you have a DV arrest. Gonna be tough to get it off of your record, and will be even tougher to get it off the NICS system.
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Old November 28, 2006, 07:17 AM   #10
blume357
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I'm not sure about in Georgia...but in S.C.

I know this is going to be hard to believe...but it works... Get a concealed weapons permit.... the back ground check is more in depth...but in the end things that at first look like problem... silly arrest... years ago will not cause you to be denied a permit.... even many convictions won't. then with the permit you don't need a back ground check...where some bored goverment employee is just scanning a zillion records...

So, besides doing like the others mentioned above and finding out if there is a problem on your record... it is just as likely the person on the phone made a mistake... find out if a CCW in Georgia will by-pass the back ground check. Sure saved a lot of waiting and stress for me.
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Old November 28, 2006, 09:50 AM   #11
Prophet
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Thats good to know that some criminals can bypass background checks just becuase they have a CHL
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Old November 28, 2006, 10:09 AM   #12
old 12 gauge
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So, besides doing like the others mentioned above and finding out if there is a problem on your record... it is just as likely the person on the phone made a mistake... find out if a CCW in Georgia will by-pass the back ground check. Sure saved a lot of waiting and stress for me.
but a person carring a weapon that is not supposed to be is just in more trouble, possible prison if caught.
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Old November 28, 2006, 11:06 AM   #13
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If you cannot buy a gun you will not get a permit. The government has a provision for those cases that are in the gray area (so to speak) in which they give the purchaser a conditional non approval. This allows the gov. 3 additional days to further check your background. They also occasionally offer an appeal form. This must be filled out buy the seller and purchaser and it must include finger prints of the purchaser (print card must be done by law enforcement and signed by them).

A domestic violence arrest will not prevent a purchase unless the case is pending or you were convicted.

A restraining order can only prevent you from purchasing a gun if it in force.

Only felony convictions count. If O.J. Simpson's only brush with the law was his murder trial, he can buy a gun today.

Also Misdemeanor convictions for violence or drugs will prevent a gun purchase for three years after the conviction.
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Old November 28, 2006, 01:39 PM   #14
Pucker
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While all of these things prevent you from buying guns through an FFL, I thought they don't restrict your ability to own firearms. Or hold them. Or shoot them.

No Felony. No problem.

Or so I thought.
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Old November 28, 2006, 03:05 PM   #15
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My boss was served a temporary restraining order by HCSO because his angry then wife wanted to cause as much trouble for him as possible. He was allowed to maintain his FFL until the court date but was not supposed to handle guns or enter the "gun area". Nor was he allowed to posses or carry.
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Old November 28, 2006, 03:20 PM   #16
invention_45
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Quote:
I don't believe the entire story has been revealed here.

Don't even think of buying or borrowing a firearm until you get resolution to the "denied" status.

dean
The above is equal to advice told to me over the phone 4 times in increasingly hostile tones by my "Beverly Hills-Priced" lawyer.

DO NOT buy a gun if the FBI has told you no in any way, shape, or form.

Either figure out and resolve the problem then get the gun, or forget about it and do without.

I can tell you that enough has been revealed to form the basis of having the FBI deny you your gun, whether they did it "legally" or not.
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Old November 28, 2006, 04:01 PM   #17
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Brian,
Lying (or otherwise misrepresenting the facts) on a federal form #4473 is a felony offense all by itself. For the gun dealer to proceed to the step of calling the FBI NICS or in our case the FDLE you must have completed the form correctly. If you have a restraining order in force or felony or battery domestic violence convictions you had to have committed a felony by filling out the 4473 form, in your case with misinformation. I strongly suggest that you see this thing thru to the end.
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Old November 28, 2006, 05:06 PM   #18
Doug.38PR
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seems to me if they are going to deny you your right to keep and bear arms....they owe you an explanation not just "you're denied."
Don't you love our system

Keep after them!

Wish you well Brain
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Old November 28, 2006, 05:19 PM   #19
UH1-D Rotorhead
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Why do I get the feeling the....

....whole story has yet to be told...there has GOT to be something you did...domestic violance, a felony, known recovering drug abuser or psych patient, in "recovery"...something Tell us what you are leaving out, however insignificant you think it may be.
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Old November 28, 2006, 05:20 PM   #20
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Quote:
seems to me if they are going to deny you your right to keep and bear arms....they owe you an explanation not just "you're denied."
Don't you love our system
Who are they? Do you mean NCIS/FBI/Gov or Wal-mart? Wal-mart give him their reason. NCIS said to not allow the sale. That is the limit of their need to deal in the situation as his problems with his record and the government have nothing to do with Wal-Mart.

He can find out, only not at Wal-mart. That isn't their job. On top of that, does a person really want the NCIS system spitting back a return that is then repeated back to that person via one of those highly confidential Wal-Mart or other gun shop employees. Does a clerk really need to know the reason why he was denied a gun purchase?

As noted above, he needs to go to the source and find out for himself.
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Old November 28, 2006, 05:24 PM   #21
mete
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ThERe was a news item yesterday about the fact that recently the FBI computer system that handles it has been down a number of times recently !! Ah, Homeland Security - don't you feel more secure ???
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Old November 28, 2006, 05:28 PM   #22
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Failed background check? Read this article:http://www.peoplesrights.org/articletemplate.asp?id=46

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Old November 28, 2006, 05:37 PM   #23
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Step 1: Go talk to a Criminal Defense attorney.
Step 2: Listen to what the Criminal Defense attorney says.
Step 3: Do what the Criminal Defense attorney says.
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Old November 28, 2006, 06:02 PM   #24
threegun
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Sometimes people who have popular names have trouble with the check and are issues conditional non approvals. Green, Williams, Jones, are examples of popular names.
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Old November 28, 2006, 06:25 PM   #25
bobhwry
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My FFL is also a LEO and he as yet to see a denial that wasn't based on a criminal record or outstanding warrants! Not saying mistakes are not made, but in his experience the system works as intended.So I suspect there is something in your background that triggered the denial.
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