NICS Denial..

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  • Quotez

    Banned
    BANNED!!!
    Nov 22, 2020
    10
    Hello all... First post here so bare with me.

    So I attempted to purchase my first firearm recently and was notified by MPD that I was denied by NICS. The reason being simply because I've been denied in the past.

    In 2008 a family member wanted to buy me a shotgun as a gift. At the time I had no interest in guns and it was a spur of the moment thing... At the time though, I had a misdemeanor possession of Marijuana case pending so I was denied. Didn't care, never thought about the gun again.

    In all my research I cant find anything about being denied simply for being denied previously. The initial reason for my denial in 2008 should not prohibit me from purchasing a gun today and I am looking for some input from experienced gun owners about what my options are.
    Thanks!
     

    Darkemp

    Ultimate Member
    MDS Supporter
    Aug 18, 2009
    7,808
    Marylandistan
    Hello all... First post here so bare with me.

    So I attempted to purchase my first firearm recently and was notified by MPD that I was denied by NICS. The reason being simply because I've been denied in the past.

    In 2008 a family member wanted to buy me a shotgun as a gift. At the time I had no interest in guns and it was a spur of the moment thing... At the time though, I had a misdemeanor possession of Marijuana case pending so I was denied. Didn't care, never thought about the gun again.

    In all my research I cant find anything about being denied simply for being denied previously. The initial reason for my denial in 2008 should not prohibit me from purchasing a gun today and I am looking for some input from experienced gun owners about what my options are.
    Thanks!

    When you attempted before how did you answer the first question “Are you the actual purchaser...” if you said no- it would result in denial as a potential straw purchase. It may flag the system also for the future maybe? Were you convicted of the crime you mentioned, and if so and if it carries a possible penalty of over 1 year imprisonment another reason for possible denial. IANAL but just some possibilities.
     

    Quotez

    Banned
    BANNED!!!
    Nov 22, 2020
    10
    When you attempted before how did you answer the first question “Are you the actual purchaser...” if you said no- it would result in denial as a potential straw purchase. It may flag the system also for the future maybe? Were you convicted of the crime you mentioned, and if so and if it carries a possible penalty of over 1 year imprisonment another reason for possible denial. IANAL but just some possibilities.

    Thanks for your reply. I barely remember the attempted purchase even happening but I imagine that I answered yes yes to being the actual purchaser. I was not convicted, and it also would not have carried over 1 year jail time. On top of that I haven't been in any trouble in over 10 years so I think I would still be clear. I'm open to all ideas and suggestions though.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Firstly , the real answer is don't expect answers aka random people on the Internet , even if " we " are probably more knowledgeable and helpful than most . Ask your firearms law knowledgeable attorney . Yeah , it sucks to have to pay $ to a lawyer , but it is what it is .

    That said , as a general hypothetical , the old charges would be an area of interest . We get it at the time something may have seemed trivial , and you thought you had put it behind you , and put it out of your mind
    But you ( and/ or your mouthpiece) need to obtain all the records around any arrests , charges , and dispositions . Hypothetically , background checks are generally good about reporting arrests and charges , less so about final disposition . Hypothetically could be a matter of forewarding court records of final disposition , or various steps can be undertaken to restore yourself . But rather than us trotting all possibilities out , get with your lawyer , who will be able to determine what's what .

    ******************************

    Welcome !

    Stop on by the introductions sub forum , and tell us a little about yourself, and stand by for greetings , and helpful links and resources .
     

    Quotez

    Banned
    BANNED!!!
    Nov 22, 2020
    10
    Firstly , the real answer is don't expect answers aka random people on the Internet , even if " we " are probably more knowledgeable and helpful than most . Ask your firearms law knowledgeable attorney . Yeah , it sucks to have to pay $ to a lawyer , but it is what it is .

    That said , as a general hypothetical , the old charges would be an area of interest . We get it at the time something may have seemed trivial , and you thought you had put it behind you , and put it out of your mind
    But you ( and/ or your mouthpiece) need to obtain all the records around any arrests , charges , and dispositions . Hypothetically , background checks are generally good about reporting arrests and charges , less so about final disposition . Hypothetically could be a matter of forewarding court records of final disposition , or various steps can be undertaken to restore yourself . But rather than us trotting all possibilities out , get with your lawyer , who will be able to determine what's what .

    ******************************

    Welcome !

    Stop on by the introductions sub forum , and tell us a little about yourself, and stand by for greetings , and helpful links and resources .

    Thank you
     

    Pale Ryder

    Ultimate Member
    Jan 12, 2009
    6,234
    Millersville
    Is this a handgun purchase? I see no other reason for MSP to be involved. For handgun MSP does have some disqualifiers that are not Federal.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    Hello all... First post here so bare with me.

    So I attempted to purchase my first firearm recently and was notified by MPD that I was denied by NICS. The reason being simply because I've been denied in the past.

    In 2008 a family member wanted to buy me a shotgun as a gift. At the time I had no interest in guns and it was a spur of the moment thing... At the time though, I had a misdemeanor possession of Marijuana case pending so I was denied. Didn't care, never thought about the gun again.

    In all my research I cant find anything about being denied simply for being denied previously. The initial reason for my denial in 2008 should not prohibit me from purchasing a gun today and I am looking for some input from experienced gun owners about what my options are.
    Thanks!

    so you got through the HQL process, but were denied on the 4473 & 77r? odd.
     

    Quotez

    Banned
    BANNED!!!
    Nov 22, 2020
    10
    I did the online 30 minute safety course and got the certificate for DC.. Purchased the handgun in Waldorf and it was sent to Metropolitan PD (Not MSP). After the denial MPD sends the gun back to the LGS and then is no longer involved. I guess at this point it's contact a lawyer or move to Virginia?
     

    Quotez

    Banned
    BANNED!!!
    Nov 22, 2020
    10
    I spoke with an attorney who agrees that I shouldn't be disqualified from purchasing a firearm. He advised that I should file an appeal so onto the waiting game.
     

    LGood48

    Ultimate Member
    Feb 3, 2011
    5,959
    Cecil County
    I spoke with an attorney who agrees that I shouldn't be disqualified from purchasing a firearm. He advised that I should file an appeal so onto the waiting game.

    Good luck! Let us know how it all comes out.

    Also, as somebody early on suggested, drop by the INTRODUCTIONS sub-forum and give us a short intro. You'd be amazed at the info you'll get from there.
     

    Docster

    Ultimate Member
    Jul 19, 2010
    9,768
    Firstly , the real answer is don't expect answers aka random people on the Internet , even if " we " are probably more knowledgeable and helpful than most . Ask your firearms law knowledgeable attorney . Yeah , it sucks to have to pay $ to a lawyer , but it is what it is .

    That said , as a general hypothetical , the old charges would be an area of interest . We get it at the time something may have seemed trivial , and you thought you had put it behind you , and put it out of your mind
    But you ( and/ or your mouthpiece) need to obtain all the records around any arrests , charges , and dispositions . Hypothetically , background checks are generally good about reporting arrests and charges , less so about final disposition . Hypothetically could be a matter of forewarding court records of final disposition , or various steps can be undertaken to restore yourself . But rather than us trotting all possibilities out , get with your lawyer , who will be able to determine what's what .

    ******************************

    Welcome !

    Stop on by the introductions sub forum , and tell us a little about yourself, and stand by for greetings , and helpful links and resources .

    ^^More members with legal questions should do this
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Ok there are some serious misconceptions here. You don't need to have committed a felony nor to even have been convicted any crime EVER, to be denied in DC. Non conviction arrest records for violent crime, arrests for threats resulting in dropped charges or even finding of non guilty are usable by DC in denying you. So to, in DC code is anything "so as to indicate a likelihood to make unlawful use of a firearm" which could easily be interpreted to include straw purchase attempts.

    So when people here are talking about felonies involving sentence of one yea or more or domestic violence misdemeanors, they are talking about US federal NICS issues, not DC's own code, which is way broader in terms of what can deny you. If you used to live in Kentucky where a second DUI is 30 days in jail, and had two DUI, you are permanently banned from gnu registration if you move to DC.

    So your denial may not be NICS, but the much broader set of grounds DC can use to deny.

    The thing is non conviction arrests or offenses are, according to DC Code, only supposed to count if they are within five years immediately preceding the application.

    Now, if what your related is complete, you seem to have a good appeal case. Your two or three attested offenses over ten years ago are not applicable. BUT be aware though than they may hang you up on potentially two untruths in the new 4473. For example did you indicate you had used marijuana on the new 4473? If you said no, when a prior case you admitted you did, they might deny you on that untruth on the 4473. More problematic is if you denied on that 4473 the question on prior denial, especially in that related to an attempted straw. That failure to disclose prior denial an less than five year old offense. its new. They could say we have a prior attempted straw purchaser, who is newly hiding his prior straw purchase attempt from us, and that is a new offense

    If the facts are as you related, I would get an attorney, someone who specializes in gun law.

    By the way here is a case that lays out and rules that arrest records without convictions are cause for denial in DC (party appealing was granted registration since the arrests were over five years old, but the judge made it clear that <5-year-old non conviction records can be used for denial): https://oah.dc.gov/sites/default/fi...achments/PD-G-09-800002_Final_Order_Coles.pdf

    Get that guy's lawyer.
     

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