Ever been denied a firearm?

[SavageEagle]

Update!

I recieved my letter of request of denial... Apparently I was convicted of a felony I never went to court over, nor was convicted of, NOR that shows up in my criminal background check that I bought. So technically I'm in the cleaR!!!Now it's just a waiting game to see when they get this cleared up. They couldn't give me an exact court case for some stupid reason. Technically that should be something I am entitled to that they shouldn't be able to keep from me. Luckily I know what they are refering to. Or at least the only possible thing it could be. So I"M IN THE CLEAR!! Tick tock tick tock goes the clock. If I don't learn patience after this...:do2:.

 

[Bigum1969]

So if I understand this correctly, you received a letter confirming your denial and stating you had some felony conviction on your record? And you know what they are referring to and its really not a felony?

So, what do you do now? Do you get a hearing of some type? And, what happens to your gun that is in limbo?

 

[SavageEagle]

I got my letter saying I was convicted of a felony. Nope, sorry, not me! Only a misdemeanor. And no I ain't beat my wife or kids! LOL I know the charge yes. I wait for my investigation to be completed, which then I get another letter stating im in the clear and how to proceed.

My gun in limbo is mine once my appeal is final. How i get it out of limbo is what they will tell me. Had I lost this, I would loose my money and my gun. Very bad. Anyway, I also recieved a VAF pamphlet, or Voluntary Appeal File. I fill it out and that's what they use plus other info for my NICS check. More info when i find out.

BTW I wasted alot of gas going to two town courts because they wouldn't give me info over the phone.

 

[HiRoller]

My battle begins

I guess I spoke too soon, my latest transaction was denied. I found this on the net, looked like good reading altho dated.
PRO Newsroom article

 

[SavageEagle]

I guess I spoke too soon, my latest transaction was denied. I found this on the net, looked like good reading altho dated.
PRO Newsroom article

Rest assured there is a brochure that you will recieve with your reason for denial letter called a VAF or Voluntary Appeal File. Its allows the NICS Division to retain all records of your appeal and subsequent firearms purchases to prevent future delays and denials. I sent in a fingerprint card with my letter requesting reason of denial so that got the ball rolling faster. Now I'm just waiting on another letter stating they either made a mistake, or exactly why I was denied and how to correct it. The first letter is only a general reason. More of what disqualifier you fall under instead of the actual reason. If you have made many purchases in the past without a delay, rest assured it's just a simple mistaken ID case and you won't have many hassles. My case is more complicated and I most likely will have to get old records and send them in. Let me know how yours turns out. Keep us updated and I'll keep doing the same!

 

[Bill of Rights]

The times I've done my NICS check, the paperwork is done first and only after the "approved" response have I even been asked for money. I've not done a trade, so can't help with that, but I don't understand why money (or your Sigma) changed hands before the deal was a "for sure".

Just in case this sounds like I'm coming down on you, I don't mean to do that, just am curious as to the order of things.

Blessings,
B

 

[SavageEagle]

The times I've done my NICS check, the paperwork is done first and only after the "approved" response have I even been asked for money. I've not done a trade, so can't help with that, but I don't understand why money (or your Sigma) changed hands before the deal was a "for sure".

Just in case this sounds like I'm coming down on you, I don't mean to do that, just am curious as to the order of things.

Blessings,
B

LOL no it don't sound that way. Everything changed hands because at that point I knew with having a delay, if I didn't pay now I would spend that money on stuff I didn't need or whatever. At least this was before I lost my job...

 

[HiRoller]

Gee...just in time to screw me around for the 1500. :-(

 

[Lars]

So Savage, any updates? It's been a week since you got your letter.

 

[SavageEagle]

And I thought I was impatient! LOL J/K Nah, nothing yet. I'm calling them tomorrow to ask about it and ask what all I should include in my VAF (Voluntary Appeal File) letter. They said fingerprint card and any relevant info. How broad is that? LOL :rolleyesedit: Oh well I'll hopefully hear something soon. Trust me, I'll keep ya updated! This is driving me nuts. And I feel so helpless and unprotected...

 

[SavageEagle]

man checking the poll I feel soooo outta place. Man you all make me look like a criminal! LOL

 

[SavageEagle]

OK! big update! I found out exactly what is holding me back and its a Felony offence but was dropped to a misdemeanor. According to the disqualifier, it states:

A person who has has been convicted in a court of a crime punishable by imprisonment for a term exceeding one year or a state offense classified by the state as as misdemeanor and is punishable by a term of imprisonment of MORE than two years.

My charge was MISDEMEANOR theft, with a sentence of NO MORE THAN two years. Cutting it close but that doesn't disqualify me. So after talking with the rep from the NICS office, I can send in the court papers with my fingerprint card and VAF form and get a PIN number that will prevent future delays. This will also speed up the process somewhat, or it should. All they have to do is check the files, do the updates and vwalla! I get my gun and NO MORE DELAY! WOO HOO! Now for the waiting game. Again. Yay. woo hoo. GRRR WAITING SUCKS!!!

 

[HiRoller]

Well I don't mean to **** in your grass, but mine is similar. Years ago I had a few DUI's, the BMV had poor records of the facts. On the most recent (12 years ago) My drivers license was suspended and I had no idea this had happend because the BMV took it upon themselves to set court records straight, this caused me to get a HTV Life time suspension and a Felony driving while HTV (habitual traffic violator) as a result. I paid over ten thousand dollars in attorney's fee's fighting the BMV, NOT THE COURTS MIND YOU !!!!! to get the record straight and have all of this B.S. removed from my record and have my license restored.
Back to the Felony part, I was convicted of a class D felony, as part of my sentence this charge was to be converted and listed as class A misdemeaner thru AMS for a first time felon. This is what the record reflects. However, the sentence is the tricky part, No class A misdemeaner carries more than a 1 year imprisonment sentence unless it is converted from a felony. My record reflects a class A conviction but the sentence was 545 days ....but could have been 5 years from the felony. The catch is "punishable" .....what you could have got, not did get !!! Luckily for 10 grand I had a lawyer go back and have these particular issues overturned and reversed. So I feel I should be in the clear, if I had not, my class A conviction with a sentence potential of 5 years would still cause me to be disqualified for firearms ownership, Funny thing is the State has no record of any of it ???????????????????

Moral of the story is ....Hope you had your issues examined by a Lawyer, cause you still might be screwed by the Brady's

************ I am not a Lawyer or any sort of leagal representative........don't take these experiences as leagal fact....This is just my personal Trek. ***************************

 

[SavageEagle]

Well I don't mean to **** in your grass,

Thats funny!

LOL I think we all appreciate your input. I wish there were more experiances to draw from.

I don't think I'll have any real problems. The charge doesn't carry a sentence longer than 2 years which falls into the QUALIFIED category. Thankfully. One certain paper it says it carries 1 year but I think that's because it's dropped to a misdemeanor. But another says a maxium 2 years so who knows. I doubt I'll have to get a lawyer. At least I pray i don't. Either way I'm def'lly in the clear.

 

[SavageEagle]

ok, well I wish NO ONE had to go through this but since some do, I'm glad for the experiances shared.

 

[stormryder]

Years ago,I had a similar experience, I tried to purchase a .22 Cricket gun for my wife as a starter. I got denied but, tried again 15 minutes later and got approved to buy a Henry .22 Accu-bolt from the same dealer. No answers as to why I got denied in the first place.

I get the impression that certain agents that do the checking just like to mess with people at times.

I even remember an article where it was found that certain BATF agents would erase personal firearms records as a way to justify raids.

 

[SavageEagle]

Now that wouldn't suprise me.

 

[SavageEagle]

Got to talk to the ATF today. Apparently Morgan county is too stupid or too lazy to update their records. Actually they have it set that I was convicted of a felony when I have the paperwork (from 2000) that shows I was convicted of a misdemeanor. He wanted to take the PREVIOUS gun I had bought away, but I had to explain it was in limbo with the gun I was trying to purchase. So after seeing my records I brought, he pretty much said everything will be taken care of. But he also said since this is between two different agencies (beauracrsies[sp?] he called them) it could take weeks or even MONTHS to get straightened out. GRRRRRRRRRRRR. Damn lazy stupid effing gRrRrRrRrRr.... Oh well, it's getting taken care of. GRRR. Wait wait wait. blah blah blah. BS BS BS...

 

[Scutter01]

Oh well, it's getting taken care of.

Don't assume so. Be sure to follow up and keep following up until it's fixed.

 

[SavageEagle]

Oh I assume nothing. I've already made plans to go to Martinsville and bring my records so they update theirs. The FBI and ATF will be doing the same, but I'm going to make sure the ball is rolling on my end because this is what is holding me back from getting on at the FBI, Garda, and all the other good jobs I've applied for. Took this long to actually figure out they had a felony on my record! Not no more. I'm fixing this myself whatever the cost. I have no felonies and it's going to stay that way. If anyone's had any experiance with Morgan County let me know!