handgun app denied by FBI/NICS, what now?

[moondog]

What is the name of your state? Arizona

Ok, so I went to buy a handgun this weekend at a show and my app was denied by NICS.

The only thing I can think of was a buglary conviction in Calif. some 25 years ago. It was supposed to be a plea down to a misdemeanor as I recall... I only did 6 weekends. Long time ago ... I don't really remember the details very well.

So I'm wondering what steps I need to take to get that record expunged (if possible?).
More importantly will doing so make a difference as far as what the NICS comes up with on a handgun app?

What else do I need to worry about? Is the sheriff going to make a visit to me looking for other possible firearms? ... or worse ... arrest me for "falsifying" the app? I have a completey clean record in AZ, not even a ticket.

Screwy Brady law ... I've bought several other guns during the 20 years I've been in AZ The last few (rifles) back in 1999.

Do I legally own the firearms I bought in AZ when the gun check passed ok?

I did send an inquiry to the FBI/NICS dept. asking for specifics
(based on the issued NTN number of the appliction.

Any advice is welcomed, thanks.

 

[calatty]

You better check your CA criminal record. If it was not pled down to a felony, you are an ex-felon and are not allowed to possess a gun, period.

 

[moondog]

Are you saying that an ex-felon can NEVER under ANY circumstances EVER own a handgun for his/her entire life?

So what's the best way to go about the BG check? Do these online background check sites (and the prices seem to vary greatly) provide accurate info ... or is it better to go thru a lawyer?

If I can expunge my past record will it make a difference for the future, meaning will I be able to legally buy a handgun, and will my previous purchases be grandfathered in view of the fact that I *PASSED* all other checks when I bought them???

I can't possibly be the first person to have this experience ... but I'm always feeling like I'm inventing the wheel these daze

 

[mykoleary]

Re: Re: handgun app denied by FBI/NICS, what now?

Are you saying that an ex-felon can NEVER under ANY circumstances EVER own a handgun for his/her entire life?

Yup.

 

[divgradcurl]

"Do I legally own the firearms I bought in AZ when the gun check passed ok?"

Not if you currently have a felony on your record. If you can get the felony expunged (or you don't have a felony on your record) then, as long as you meet the other requirements, you can own a gun -- there is no need to "grandfather" in your earlier purchases. Gun ownership is either legal or not -- legally-purchased firearms are not "grandfathered in" if you later get a felony...

"The only thing I can think of was a buglary conviction in Calif. some 25 years ago. It was supposed to be a plea down to a misdemeanor as I recall..."

Certain misdemeanors can also bar you from obtaining or owning a firearm, but usually these relate to domestiv violence and not burglary.

"So what's the best way to go about the BG check? Do these online background check sites (and the prices seem to vary greatly) provide accurate info ... or is it better to go thru a lawyer?"

You might as well use a lawyer, since you are going to need one anyway if you want to try and get your record expunged.

 

[moondog]

Finally, a sensible and complete answer. Thank you very much.

Now comes the hard part, trying to find a decent lawyer. The one I spoke to yesterday clearly didn't feel it was worth his time to deal with something this small.

 

[djohnson]

Is this the first gun you have tried to buy in the 25 years following that crime? Have you pulled your history to see if this is even why you were denied?

I ask this because about a year ago my husband went to purchase another pistol. He is a licensed carrier and has bought many through the years. This time he was denied, knowing someone at the police station we had his record pulled and tons of stuff came up that was obviously not his. With a commonfirst and last name they said that wasn't surprising. He went to the court clerks office and paid a 90.00 fee and it was cleared up in less than a month. Ofcourse we had to pay even though it wasn't our error but it was worth it.

 

[moondog]

Thanks for the reply Mrs. D. Yes I have bought other guns in the
past, but not a handgun since about 1995 or 1996. AZ had a waiting period during the background check then (don't now) and it all came back clean.

You're fortunate to have the police connection, because my records are in another state than AZ (I know I'm clean here) I have to go thru a bit more of a process ... which I am doing.
There is a possiblity of my situation being similar tho ... I had a run-in with the IRS a few years ago 'cause of another person in the state that has the same name and owed taxes ... IRS had no SSN for him and decided that mine would work (ouch!). I got that all cleared up, but who knows what else this guy has been doing since then?

Talked to a lawyer today ... bottom line is I need to just sit tight and wait for the response from the FBI/NICS system. I should have that in 1 or 2 weeks. Then I'll know exactly what it was that flagged me. Getting my records may take 6 weeks or more from CA, according to their records dept.