Looking for legal advice

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  • darth_libra

    Member
    Jul 23, 2020
    10
    California, MD
    Hello all,

    I am looking for some legal advice in reference to background checks and verifying I can pass it before I shell out a bunch of money for firearms. I understand that many manufacturers and retailers will not accept returns or refunds if a background check is failed. I have something in my past that I want to verify has been expunged per court order.

    For privacy's sake, I will not discuss my case in the forum, so please PM me with your advice, but feel free to reply if you know of lawyers who may be able to help here in St' Mary's County. Thanks again everyone.

    James
     

    darth_libra

    Member
    Jul 23, 2020
    10
    California, MD
    Thanks SOHC, i just did and nothing popped up, but I'm not surprised. My case was handled in a US District court in the state of Kentucky, at Fort Campbell Army Post. Not a Court Martial though. The incident was more than 15 years ago, and I received 12 months probation followed by expungement.

    So my concern is the Federal Background check.
     
    Last edited:

    4g64loser

    Bad influence
    Jan 18, 2007
    6,384
    maryland
    Not a copper bottom guarantee but if you pass a clearance check, you should be fine to pass NICS. Not sure if misdemeanor domestic violence is a clearance disqualifier (it is for guns) but otherwise the disqualifier list is pretty similar.
     

    antco

    Ultimate Member
    Apr 28, 2010
    7,045
    Calvert, MD
    You don't want to discuss on a public forum, but you then publicize a TS.
    If you really want to know, go into any legal gun shop or pawn shop and buy the cheapest thing they have on the counter. If you pass the BG check, you're good to go order whatever you've set your eyes upon. If you don't pass, then you know it's a failure and get a refund from that store.
     

    darth_libra

    Member
    Jul 23, 2020
    10
    California, MD
    Thanks for the responses everyone. I'm not going to risk getting a background check run unless I know I will pass, that way I can avoid unnecessary costs and other issues that could arise.

    I will keep researching, thanks!
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,411
    Glen Burnie
    Not a copper bottom guarantee but if you pass a clearance check, you should be fine to pass NICS. Not sure if misdemeanor domestic violence is a clearance disqualifier (it is for guns) but otherwise the disqualifier list is pretty similar.

    Having something legal in your background for a clearance isn't necessarily a disqualifier. One of the biggest things about a clearance is that they know about it.

    Having a clearance means squat to the state.

    And, just because you can't see the entry in case search, doesn't mean MSP can't see it in CJIS. If it's a Maryland infraction of course.
     

    John from MD

    American Patriot
    MDS Supporter
    May 12, 2005
    22,738
    Socialist State of Maryland
    I agree with Blaster in that a clearance doesn't necessarily look down on civil or criminal actions as long as it meets the requirements of the clearance. Being vetted to own a firearm in Maryland is much stricter in some areas.
     

    kolohekanaka

    Active Member
    Jul 23, 2017
    122
    Howard County, MD
    I agree with Blaster in that a clearance doesn't necessarily look down on civil or criminal actions as long as it meets the requirements of the clearance. Being vetted to own a firearm in Maryland is much stricter in some areas.
    Top Secret adjudicators are looking for anything that is blackmail-able which could lead to insider threat activities that compromise national security. Maryland State Police adjudicators want to prevent gun violence and premeditated murders.
     

    kolohekanaka

    Active Member
    Jul 23, 2017
    122
    Howard County, MD
    Hello all,

    I am looking for some legal advice in reference to background checks and verifying I can pass it before I shell out a bunch of money for firearms. I understand that many manufacturers and retailers will not accept returns or refunds if a background check is failed. I have something in my past that I want to verify has been expunged per court order.

    For privacy's sake, I will not discuss my case in the forum, so please PM me with your advice, but feel free to reply if you know of lawyers who may be able to help here in St' Mary's County. Thanks again everyone.

    James
    Have you visited gun shops to ask what their policy is if a potential buyer's 77R is denied? I'd never thought about that question before reading your post. I emailed that question to FreeState Gun Range but they haven't answered yet.
     

    Harrys

    Short Round
    Jul 12, 2014
    3,362
    SOMD
    Thanks SOHC, i just did and nothing popped up, but I'm not surprised. My case was handled in a US District court in the state of Kentucky, at Fort Campbell Army Post. Not a Court Martial though. The incident was more than 15 years ago, and I received 12 months probation followed by expungement.

    So my concern is the Federal Background check. Which is ironic since I hold a current Top Secret clearance and I am currently employed as a Navy Civilian at Pax River.

    If it was a Federal case it still remains on the books even after expungement. I will show up as expungement. I would not recommend posting your clearance type. NCIC will still pick up the offence expunged or not. The only thing you can do is see a Federal Judge have him review your case and provide ruling which should exonerate you. Believe me I know what I am talking about.

    A co-worker has a DWI expunged while serving in the Navy he lost a stripe and confined to his unit. After he got out he went through the same thing you are going through. I provided him the info above and it took about 18 months to get things straight.

    I worked at PAX until March 2020 along with working at FLETC Cheltenham and at several other OGAs.
     

    Shinobi

    Member
    Jan 4, 2011
    84
    Calvert County
    You could probably pay $10 and get an FFL to run a background check for you. safeathomesports.com is pretty user-friendly. Let me know if you wsnt me to put in a good word for you, Air Assault!
     

    darth_libra

    Member
    Jul 23, 2020
    10
    California, MD
    So just to update everyone, I managed to get an Identity History report run through the FBI and it revealed that my fingerprints do not have any prior arrest data at the FBI. I am thinking I am good to go to pass the NCIC background check, or am I wrong?
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,312
    Underground Bunker
    If the forces of Maryland can keep you from getting guns , you can bet your sweet azz they will . They will drop the ball in your court and let you prove otherwise .
     

    Texas solo

    Member
    Mar 5, 2021
    42
    Don't know why you're worried about money. BG check is run before the transaction is completed. When I worked the gun counter at a big box store, guys would ask me to run BG just to see if they would pass. We did not do that as we have to pay for every BG we run.
    Simply act interested in any weapon, do the 4473 and see what happens. Your not obligated to buy if you pass. You may get a "delay" status, but that's NOT a denial.
    Also, BG checks are deleted within 48 hrs. A failed BG check does not hurt you in any way.
     

    Ravitch

    Member
    Feb 28, 2021
    70
    Cape St. Claire
    Don't know why you're worried about money. BG check is run before the transaction is completed. When I worked the gun counter at a big box store, guys would ask me to run BG just to see if they would pass. We did not do that as we have to pay for every BG we run.
    Simply act interested in any weapon, do the 4473 and see what happens. Your not obligated to buy if you pass. You may get a "delay" status, but that's NOT a denial.
    Also, BG checks are deleted within 48 hrs. A failed BG check does not hurt you in any way.

    I was going to post the same thing, but you nailed it. I think OP is way over-thinking this.
     

    bigmanindc

    Active Member
    Nov 3, 2018
    463
    DMV
    I was going to post the same thing, but you nailed it. I think OP is way over-thinking this.

    LOL bout to shell out a bunch of money on firearms but concerned about wasting money on background check. I was about to purchase a Lamborghini but I don't wanna have to waste money on 93 octane gas!!!!!
     

    mauser58

    My home is a sports store
    Dec 2, 2020
    1,757
    Baltimore County, near the Bay
    If its a minor offense then it should not matter. I have had two clearances lately and also one to do work in the White House when Trump was there. I refuse to go there now however. I also just got Federal clearance for a job I started this week for DOD at a Military base and research.. I had only one small thing on my record from over 40 years ago. It showed up on their investigation even though thrown out in court. They simply just want to see to the extent of what you have done. If its minor then no issue.
     

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