Gun laws. Need an advice

[ScottDLS]

i do have the number. On the deny paper. the way i see this is.. the crime committed could had a 1 year sentence. i got a 200 fine no sentence .. but it says even if i didn't get a year that still disqualify me. i was thinking of the the VAF . and tell them i have a TWIC card and Hazardous material license .. with background check conducted by the FBI. i don't know if that will help. the crime happend 28 years ago.

You don't get disqualified if the sentence was up to AND including one year. It has to be over one year and in the case of a state crime qualified as a misdemeanor TWO years. There is some kind of mistake with NICS. You can own and purchase firearms under federal law, because you are not a convicted felon nor convicted family violence misdemeanant. However, if you want to be able to buy from a FFL or get a LTC (they check NICS) you should get it cleared up. Start with the denial form they gave you and use the FBI NICS appeal link I gave earlier. If you don't care, don't bother.

 

[Menciajunior]

You don't get disqualified if the sentence was up to AND including one year. It has to be over one year and in the case of a state crime qualified as a misdemeanor TWO years. There is some kind of mistake with NICS. You can own and purchase firearms under federal law, because you are not a convicted felon nor convicted family violence misdemeanant. However, if you want to be able to buy from a FFL or get a LTC (they check NICS) you should get it cleared up. Start with the denial form they gave you and use the FBI NICS appeal link I gave earlier. If you don't care, don't bother.

Thanks scottdls. I will take care of it. But if I was to purchase for home use or defense can I still buy it from private?
I keep hearing is unethical. I know of two guys with agrevares assult and the other did 17 year in prison. And yeah they have guns. And take them every where . criminals when they go after you with a gun they don’t really check with the fbi if is ok.

 

[ScottDLS]

Thanks scottdls. I will take care of it. But if I was to purchase for home use or defense can I still buy it from private?
I keep hearing is unethical. I know of two guys with agrevares assult and the other did 17 year in prison. And yeah they have guns. And take them every where . criminals when they go after you with a gun they don’t really check with the fbi if is ok.

It is not unethical to buy a gun in a private sale that you are legally allowed to buy in a private sale and possess. It is unethical for the FBI NICS system to deny a FFL sale to you, when you are not prohibited from buying/owning a gun. Private sales in Texas are legal. That's it. Unless you really are a convicted felon, which you said you were not. The Mass. conviction you described was clearly a misdemeanor. It's the FBI's job to get it right in the NICS records.

 

[toddnjoyce]

… It's the FBI's job to get it right in the NICS records.

I will say in our case, the FBI got it right, but that’s because the court clerk got it wrong. We didn’t even find out about it due to a gun purchase, it came up in a CBP Global Entry application.

Funny thing is every fed agency saw this thing for the last 23 years and didn’t give a flip once they opened the record and saw the details. CBP got hung up because we didn’t report a felony conviction; our response was along the line of ‘What you talking about, Willis?’ The agent then flipped around the monitor and showed us.

At that point it took about 45 days to get the fix done. We also have wet signed, stamped letters and a court order if anyone ever sees it again.

 

[DoubleDuty]

I will say in our case, the FBI got it right, but that’s because the court clerk got it wrong. We didn’t even find out about it due to a gun purchase, it came up in a CBP Global Entry application.

Funny thing is every fed agency saw this thing for the last 23 years and didn’t give a flip once they opened the record and saw the details. CBP got hung up because we didn’t report a felony conviction; our response was along the line of ‘What you talking about, Willis?’ The agent then flipped around the monitor and showed us.

At that point it took about 45 days to get the fix done. We also have wet signed, stamped letters and a court order if anyone ever sees it again.

It's no different than the bs no fly list. Government organizations are really dysfunctional. They know there are problems that need to be fixed but aren't interested enough to fix them.