NICS appeals halted; did that ever get going again?

WWWJD · April 21, 2016, 10:31 AM

Buddy of mine had a misdemeanor assault on his record that was several years old. He got it expunged in the fall of 2014. I guess just to 'test the waters' he tried to buy a rifle A YEAR later, and got denied. He filed an appeal on the NICS website with an attached copy of the expungement order and a couple weeks later got the whole canned response about having something on his record, and that it would be investigated further.

In passing, I asked him if he ever heard anything back from them. Gauging by this article, I'm guessing he never will? That's pretty uncool.

http://www.usatoday.com/story/news/n...ecks/78752774/

Is there any hope for him or is he screwed? I think repeatedly trying to buy a gun and getting denied and repeating that whole appeal process might get him in trouble somehow, even though according to the back of the 4473, he's legally permitted.

How the 'H' is all of this "supposed" to work?

g.willikers · April 21, 2016, 02:08 PM

If the misdemeanor that was expunged is the only problem, wouldn't he be legal to buy a gun from a private seller, assuming it's legal to do so there without a background check?
In many states, it is.

WWWJD · April 22, 2016, 07:49 AM

As far as I know, he has, and does. I pretty much told him the same thing. It's just kind of a bummer that he can't walk into a store and buy what he wants because of a paper trail.

Hunter Customs · April 22, 2016, 09:00 AM

I really can't answer your question.
My only advise would be, if it's feasible it might be time for your friend to hire an attorney.

Best Regards
Bob Hunter

kilimanjaro · April 22, 2016, 10:45 AM

He should contact his Congressional representative, first.

gyvel · April 22, 2016, 02:08 PM

What kind of misdemeanor?

johnwilliamson062 · April 22, 2016, 08:47 PM

Hmmm... an expunged record is sealed. It isn't invalidated or deleted.
I know of a medical professional that lost their license after they relayed in conversation they had a previous felony drug trafficking conviction from before they went to graduate school that was sealed. Once confirmed, the state really didn't care if the record was sealed or not. I'm not sure if the state board was able to get it unsealed or how they confirmed it with enough certainty to proceed. They claimed the person had lied on their license app and removed them from the hospital. As relayed to me, with a dramatic escort to their vehicle.
What exactly "expunged" means may vary slightly state to state.
In Ohio I believe there are three processes available.
Expunge
Maybe "vacate"?
and pardon

An acquaintance considered the process with legal advice. He was told an expunged record would still make it illegal to buy a gun even if he passed the NICS as he would be lying on the 4473. The records could later be unsealed in some circumstances and this could result in further felonies.
I think he attained a pardon following a generous application of grease to several cogs in the political works.
That information was relayed in conversation and I am not at all sure about its validity.

WWWJD · April 26, 2016, 07:47 AM

Quote:

What kind of misdemeanor?

The story I got is that it was an assault charge, 4th degree? Whatever that means. His girlfriend was trying to beat the crap out of him, he put her into the wall. She called her dad who's an out of state cop. He called locals, they took him away. (how jacked up that situation is, is another thread in another forum all together).

The only things I can really find are Kentucky statute regarding expungement:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=42281

and this:

http://www.rip.uscourts.gov/rip/supe...rohibition.pdf

I'm no lawyer either. I just wonder if there's a lawyer around that's familiar enough with what needs to be done to get this resolved. I've only dealt with attorney's a few times in my life; every time it seemed like they were a hot mess. lol I'd still like to point him in a direction though.

April 21, 2016, 10:31 AM	#1
WWWJD Senior Member Join Date: February 9, 2011 Location: Central KY Posts: 552	NICS appeals halted; did that ever get going again? Buddy of mine had a misdemeanor assault on his record that was several years old. He got it expunged in the fall of 2014. I guess just to 'test the waters' he tried to buy a rifle A YEAR later, and got denied. He filed an appeal on the NICS website with an attached copy of the expungement order and a couple weeks later got the whole canned response about having something on his record, and that it would be investigated further. In passing, I asked him if he ever heard anything back from them. Gauging by this article, I'm guessing he never will? That's pretty uncool. http://www.usatoday.com/story/news/n...ecks/78752774/ Is there any hope for him or is he screwed? I think repeatedly trying to buy a gun and getting denied and repeating that whole appeal process might get him in trouble somehow, even though according to the back of the 4473, he's legally permitted. How the 'H' is all of this "supposed" to work?

April 21, 2016, 02:08 PM	#2
g.willikers Senior Member Join Date: September 28, 2008 Posts: 10,442	If the misdemeanor that was expunged is the only problem, wouldn't he be legal to buy a gun from a private seller, assuming it's legal to do so there without a background check? In many states, it is.

April 22, 2016, 07:49 AM	#3
WWWJD Senior Member Join Date: February 9, 2011 Location: Central KY Posts: 552	As far as I know, he has, and does. I pretty much told him the same thing. It's just kind of a bummer that he can't walk into a store and buy what he wants because of a paper trail.

April 22, 2016, 09:00 AM	#4
Hunter Customs Senior Member Join Date: March 26, 2005 Location: Osborn, Missouri Posts: 2,697	I really can't answer your question. My only advise would be, if it's feasible it might be time for your friend to hire an attorney. Best Regards Bob Hunter

April 22, 2016, 10:45 AM	#5
kilimanjaro Senior Member Join Date: November 23, 2009 Posts: 3,963	He should contact his Congressional representative, first.

April 22, 2016, 02:08 PM	#6
gyvel Senior Member Join Date: August 30, 2009 Location: Northern AZ Posts: 7,172	What kind of misdemeanor?

April 22, 2016, 08:47 PM	#7
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	Hmmm... an expunged record is sealed. It isn't invalidated or deleted. I know of a medical professional that lost their license after they relayed in conversation they had a previous felony drug trafficking conviction from before they went to graduate school that was sealed. Once confirmed, the state really didn't care if the record was sealed or not. I'm not sure if the state board was able to get it unsealed or how they confirmed it with enough certainty to proceed. They claimed the person had lied on their license app and removed them from the hospital. As relayed to me, with a dramatic escort to their vehicle. What exactly "expunged" means may vary slightly state to state. In Ohio I believe there are three processes available. Expunge Maybe "vacate"? and pardon An acquaintance considered the process with legal advice. He was told an expunged record would still make it illegal to buy a gun even if he passed the NICS as he would be lying on the 4473. The records could later be unsealed in some circumstances and this could result in further felonies. I think he attained a pardon following a generous application of grease to several cogs in the political works. That information was relayed in conversation and I am not at all sure about its validity.