c_hayhurst
Junior Member
MODS: please move this to the correct forum if necessary. This falls under criminal and federal firearms law.
What is the name of your state? Ohio (where I lie now) and Wyoming (where I got busted)
In 1995, I was convicted of misdemeanor possession of marijuana in Wyoming. I have nothing else on my record. Since then, I have purchased several firearms and went through the NICS background check. Every time, I get the response "Delayed", which means I have to wait 3 business days before I can buy the firearm. I suspect the reason for this is the drug conviction.
Yesterday, I submitted the paperwork to buy a rifle and got the "Delayed" response, as usual. This morning, the dealer calls the NICS to see if there was an update on my file, and the NICS said that the dealer may proceed with the transaction. I pickup up the rifle at the gun show, and as I was walking out, saw another another dealer that had a rifle I wanted to buy, so I submitted the paperwork and the dealer gave NICS my information. Their response was, "Denied".
Naturally, I freaked out and went back to the first dealer to check to make sure the "Proceed" order she got was correct. Upon speaking with NICS, they discovered I should have been denied for that first sale as well. The NICS told the dealer to tell me I had 2 options:
a) I could return the rifle to the dealer, or
b) The ATF would come to my house and confiscate the rifle and quite possibly any other firearms I had on the premises.
I promptly returned the rifle back to the dealer and the dealer informed the NICS that I had surrendered the rifle back to her.
Now, I am worried. Do I stand a chance of getting arrested for attempting to purchase a firearm when I got denied?
Due to the length of time since the drug conviction, can I get it removed from my federal record?
Should I expect a visit from the FBI or the ATF?
I have gone through 2 SEC background checks which involves getting my fingerprints taken and having an FBI background check run on me. The last background check was performed 30 days ago and I saw it...the only thing that shows up is my 1995 drug conviction. I am an SEC-registered financial advisor and I have never been the subject of a restraining order, or domestic violence. I am not a convicted felon, nor have I ever been delcared mentally incompetent, nor have I ever spent time in a mental facility.
I am unsure as to the potential maximum penalty for the drug charge at the time I was convicted since it was 11 years ago. Currently, the maximum sentence is 1 year.
What is the name of your state? Ohio (where I lie now) and Wyoming (where I got busted)
In 1995, I was convicted of misdemeanor possession of marijuana in Wyoming. I have nothing else on my record. Since then, I have purchased several firearms and went through the NICS background check. Every time, I get the response "Delayed", which means I have to wait 3 business days before I can buy the firearm. I suspect the reason for this is the drug conviction.
Yesterday, I submitted the paperwork to buy a rifle and got the "Delayed" response, as usual. This morning, the dealer calls the NICS to see if there was an update on my file, and the NICS said that the dealer may proceed with the transaction. I pickup up the rifle at the gun show, and as I was walking out, saw another another dealer that had a rifle I wanted to buy, so I submitted the paperwork and the dealer gave NICS my information. Their response was, "Denied".
Naturally, I freaked out and went back to the first dealer to check to make sure the "Proceed" order she got was correct. Upon speaking with NICS, they discovered I should have been denied for that first sale as well. The NICS told the dealer to tell me I had 2 options:
a) I could return the rifle to the dealer, or
b) The ATF would come to my house and confiscate the rifle and quite possibly any other firearms I had on the premises.
I promptly returned the rifle back to the dealer and the dealer informed the NICS that I had surrendered the rifle back to her.
Now, I am worried. Do I stand a chance of getting arrested for attempting to purchase a firearm when I got denied?
Due to the length of time since the drug conviction, can I get it removed from my federal record?
Should I expect a visit from the FBI or the ATF?
I have gone through 2 SEC background checks which involves getting my fingerprints taken and having an FBI background check run on me. The last background check was performed 30 days ago and I saw it...the only thing that shows up is my 1995 drug conviction. I am an SEC-registered financial advisor and I have never been the subject of a restraining order, or domestic violence. I am not a convicted felon, nor have I ever been delcared mentally incompetent, nor have I ever spent time in a mental facility.
I am unsure as to the potential maximum penalty for the drug charge at the time I was convicted since it was 11 years ago. Currently, the maximum sentence is 1 year.