I was refused when trying to buy a gun.

Discussion in 'The Powder Keg' started by Donzel, Jan 14, 2010.

  1. Donzel

    Donzel G&G Newbie

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    I was refused buying my gun today when the gun store told me that my background was bad. I'm sending in an appeal with fingerprints and the letter to see why. I don't have a felony so of course I was shocked when I was told this. I was going for my concealed weapons license but not sure if this is going to happen now.

    I mainly wanted a firearm, like a nice Sig 40 cal to keep in my home. Is it an option to have my wife buy it since she just had a background run and she was fine? I thought I had the right to bear arms and now I feel like a criminal when I'm far from it.

    If anybody can give me some advise on what to do I would sure appreciate it. Seems to me that the government is just making it harder for everyone to own a gun. I wish my old one wansn't stolen out of my home and I would be fine.
  2. Mooseman684

    Mooseman684 G&G Newbie

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    Have you EVER been arrested for anything ???
  3. Ninja Piper

    Ninja Piper G&G Enthusiast

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    Did they give a specific reason for denying you, or did they just tell you your background was "bad?" You don't have to post anything, but is there anything on your record related to violence? That could be a possibility. Sorry, I don't know how Florida's laws are when it comes to the qualifications to purchase a gun. I personally would shy away from the idea of having someone else buy the gun for you before knowing what is holding you back.
  4. Donzel

    Donzel G&G Newbie

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    I remember around 10 years ago a fight with an ex wife but the lawyer had it exponged. I was living in Cleveland at the time. My wife now would by it for our home but if she buys it, it would be her's not mine. I'll be finding out soon enough when I mail in this packet tomorrow. Maybe I should hire a lawyer to make sure this was taken care of back then. It wasn't anything serious just a domestic violence charge but it should have been dropped.
  5. Donzel

    Donzel G&G Newbie

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    The gun shop didn't give me a reason. They just told me I was denied. They also didn't submit my social security number either. The gun shop person said to get this appeal done within 21 days and you should hear something back. I'm just really upset that I cannot even have a weapon. I'm sure those types of charges stay with you for life to? I'm not sure but 10 years ago was a while ago.
  6. G. Green

    G. Green G&G Newbie

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    If it's a domestic violence deal it will almost certainly (unfortunately) take an attorney to clear up.
  7. Donzel

    Donzel G&G Newbie

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    just minor speeding tickets. Had a domestic violence charge before but it was thrown out about 10 years ago.
  8. rice paddy dadd

    rice paddy dadd G&G Newbie

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    With all due respect, sir, you just registered today and your very first post notes that you failed a backgound check and you're asking if it's ok for your wife to buy a gun for you?
    Which agency do you work for?
  9. cold queso

    cold queso G&G Regular

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    it's fine to have her purchase it for you. Just make sure she understands the straw purchase language. She'll be committing a FELONY punishable by 10 years in prison and/or a $250,000 fine. She would be LYING on question ONE if she answered YES, the gun is for her.

    Even if your domestic violence conviction is expunged, you'll come up denied. You probably shouldn't have even been ran through NICS, unless you lied on the question asking whether you had even been convicted of a charge of domestic violence. If you LIED on the form and answered NO, then YOU committed a crime on a federal document(4473).

    You will need to go through the appeals process, and you'll either:

    A) end up with a ONE TIME PURCHASE certificate, which will be tied to the original NTN on the first 4473 you filled out

    B) issued a UPIN number, which will be used on future 4473 applications.

    C) DENIED the right to purchase.

    I've occasionally had the FBI call a few minutes after a DENY and ask for the applicant address from 4473. These are cases where the applicant has been denied his rights to own a weapon and he'll be getting a visit from BATF to verify he doesn't have any guns.

    Hopefully everything will go ok for your appeal process, but make no mistake the current background check system is a very good system that does stop the retail purchase of many firearms by felons. Of course, they probably just get the gun another way.
  10. cremley

    cremley G&G Newbie

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    Well there you have it...
    I am not going to start an argument or start spewing BS on this and that but I think a domestic violence charge is pretty damn serious. Anyway, you are probably going to have to get a lawyer and make sure your record is clean. Sometimes they say it is and do all the paperwork but somewhere, something wasn't changed. If you really aren't a convicted felon, then why don't you just get one at a gun show or a private sale? They don't do background checks and you aren't a criminal anyway. Now, get caught lying about it and have fun in federal prison where you belong (assuming your a felon of course). I don't know Florida law. Does your gun need to be registered to be used as a CC gun?
    Last edited: Jan 14, 2010
  11. cold queso

    cold queso G&G Regular

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    Man, I bet you LOVE Jesse Ventura's Conspiracy Theory show!!!
  12. AstroVic

    AstroVic G&G Newbie

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    You DO realize that having a charge "dropped" is completely different from having a charge "expunged," don't you? In your comments above, you seem to be using the words interchangeably...and they are definitely NOT the same thing.

    In order to have a charge expunged you need to first meet the requirements to be eligible for it (and those vary from state to state), and then you must actually file a motion with the court and receive an Order of Expunction. Following those steps, you must send that Order of Expunction to any/all agencies that had anything to do with your domestic violence charge, including agencies (the state, feds, etc.) who might have a record of that arrest. Doing all of this usually costs several hundred dollars above and beyond any attorneys fees you had for your case, and you would have received a record of all of that information subsequent to it being completed.

    I'm willing to bet pretty good money that you are confusing the terms "dropped" and "expunged."

    They are completely different animals.

    Also, with all respect, it seems that you are somewhat dishonest about things. Saying, "I seem to remember a fight with an ex about ten years ago" is almost laughable. I mean, I'm no Albert Einstein, but I clearly remember every traffic citation I've ever received in my life - only been a few of them - including ones that occurred more than 20 years ago.

    I would think that if you were arrested and/or charged with a crime of assault (domestic violence) you'd probably remember that pretty well....especially if you're not a "frequent customer" of the local police....in which case I could see how you might get confused after numerous arrests.
    Last edited: Jan 14, 2010
  13. cremley

    cremley G&G Newbie

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    +1
  14. Mooseman684

    Mooseman684 G&G Newbie

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    Easy guys...
    The law governing Firearms purchases states "Conviction of DV or Felony Conviction "...so what has happened is they(the FBI) may show an arrest for DV , but may NOT show the outcome disposition , especially if the Charge was dropped. I can feel for you because the same thing happened to me trying to RENEW My CCW License on a Drug charge arrest in Florida at the age of 17 that was dropped and never went to court.
    It took 2 sets of fingerprints and a Letter form describing it all sent to the FBI and I got a Variance on Record Now and it took 3 months for the FBI to Investigare and finally figure out it never went to Court...And Now I am free and clear to buy all I want.
    A Felony Conviction will be the only thing that stops you from owning a firearm otherwise, so If you have NO convictions , it is legal for you to own a gun.
    Several of our members have gone thru the false accusations of DV by a Mad wife and most have won , but had to go thru the hassle to get it all straightened out. It just takes Time...I did mine myself by putting the ball in the FBI's court to PROVE my Guilt, which they couldnt.
    Your wife can buy the gun and bring it home and loan it to you , or keep it available for home defense...In your Home Castle , it is nobody elses Business. After a month or 2 , she can legally sell the gun to you and cant be charged with the "Straw man" violation...That is an affirmative defense , especially with a signed and dated receipt. she just has to keep the gun a while before she decides to sell it...No law against private sales in Florida.
    You could go out tomorrow and Buy a Gun from a Private citizen with No paperwork and be 100% legal...
    Rich
  15. sncstealth

    sncstealth G&G Newbie

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    i love florida they laws make sence
  16. rice paddy dadd

    rice paddy dadd G&G Newbie

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    Nope. Jesse Ventura is a flake.
  17. jerry

    jerry G&G Evangelist Forum Contributor

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    As we say in the military...

    Re-submit in 30 days for further dissaproval. j/k

    hope it works out for you.
  18. texnmidwest

    texnmidwest Sir Loin of Beef Forum Contributor

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    I would caution that one needs to know the local laws about POSSESSION of a firearm by those convicted of DV or a felony. In my home state if someone is convicted of misdemeanor DV or a felony they can not even POSSESS a firearm. Technically, even walking through a gun show and picking up a firearm is a felony. At least that is how I understand it.
  19. cold queso

    cold queso G&G Regular

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    Wow - a moderator suggesting violating the law.

    In 2008 I helped a young lady, who had a valid Purchase Permit, and passed NICS, pick out her first handgun. Her husband was along and gave her some advice, but really let her take the lead. No indication of a straw sale. In fact alot of boyfriends/husbands tag along when their spouses get their first gun, offer some advice, but let the lady drive the sale.

    She walked out with her handgun on Tuesday, "loaned it", as you suggest, to her husband on Friday night, and he shot his teenage girlfriend to death in a parking lot. I live with that every day.

    The husband was a convicted felon precluded from owning a gun. Was she guilty of a straw sale? Can there even be a firearm in the home of a convicted felon?

    See if you can guess the results of this true situation.
  20. AstroVic

    AstroVic G&G Newbie

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    In Texas, a convicted felon cannot possess a firearm ANYWHERE within 5 years after the date of his/her final release from custody, parole, etc. After the 5 years has passed, a convicted felon may possess a firearm only on the premises where they live.

    Other state laws may differ.

    In most instances, domestic violence isn't a felony (unless there's serious bodily injury or a weapon is used, etc.), and I don't get the feeling that the original poster was charged with a felony.
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