Gun laws. Need an advice

[Menciajunior]

Hello, I have a couple of old guns at home—a shotgun and a Taurus—and I was thinking of buying a new Glock 19 and another shotgun at Academy. However, I was surprised to find that my purchase was denied.


I have a TWIC card and I transport hazardous explosives and ammunition, so I was embarrassed when they told me I couldn’t buy the guns. It turns out that 28 years ago, when I was 18, I was arrested at a mall because a friend of mine tried to steal Timberland boots from Macy's. We ended up with a $300 fine, and it seems that this incident is what led to my denial.


Does this mean I can never buy a gun again? Any advice would be appreciated


Title 18, United States Code (U.S.C.), sections 921(a)(20) and 922(g)(1): "A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years." Please note that it does not matter whether the sentence of more than one or two years was actually ordered or served; the prohibitor is based upon the maximum sentence that could have been imposed upon the individual by the court. In addition, some convictions which may have been "sealed" or "expunged" for certain purposes still qualify as 18 U.S.C. §922(g)(1) prohibitors.

 

[BRD@66]

welcome 2 TGT.

 

[Steve In Texas]

Unfortunately this may need an attorney versed in cleaning up old records. If you have documents from that long ago it may help. Your other credentials should assist that effort.

 

[Menciajunior]

Unfortunately this may need an attorney versed in cleaning up old records. If you have documents from that long ago it may help. Your other credentials should assist that effort.

i cant buy a gun even from a private party? I'm not an open carry type guy. but i was thinking into hunting hogs and have a couple guns for home defense. i just don't want problems with the law.
this is kind of wild is like you are denied if
aggravated assault
domestic violence
Dishonorable discharge
Felons
or being next to somebody that stole timberland boots lol

 

[ZX9RCAM]

Welcome to the Forum!

Doesn't sound like it would have been a felony.
Not sure why it would be an issue so many years later.

 

[ScottDLS]

Hello, I have a couple of old guns at home—a shotgun and a Taurus—and I was thinking of buying a new Glock 19 and another shotgun at Academy. However, I was surprised to find that my purchase was denied.


I have a TWIC card and I transport hazardous explosives and ammunition, so I was embarrassed when they told me I couldn’t buy the guns. It turns out that 28 years ago, when I was 18, I was arrested at a mall because a friend of mine tried to steal Timberland boots from Macy's. We ended up with a $300 fine, and it seems that this incident is what led to my denial.


Does this mean I can never buy a gun again? Any advice would be appreciated


Title 18, United States Code (U.S.C.), sections 921(a)(20) and 922(g)(1): "A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years." Please note that it does not matter whether the sentence of more than one or two years was actually ordered or served; the prohibitor is based upon the maximum sentence that could have been imposed upon the individual by the court. In addition, some convictions which may have been "sealed" or "expunged" for certain purposes still qualify as 18 U.S.C. §922(g)(1) prohibitors.

It seems unlikely that a charge that resulted in a $300 fine would be a felony, which would actually make your current possession of any guns a federal offense. You should go to the courthouse where you were convicted and request the records of the case so you can find out whatever you were convicted of. The high likelihood was that it was a misdemeanor that would not bar your purchase of a gun. Then follow the FBI appeals for NICS denial process NICS Appeal .

 

[Polkwright]

You need to talk to the BATFE and find out exactly why they refused you. The gun stores have the number to call and the BATFE will talk to you about why you were refused. It might not be for the reason you think. It could be they are mistaking you for someone else. Happens all the time.

 

[Lead Belly]

It could be a clerical error.

My buddy was a 747 captain for decades, but he got put on the No-fly-list. He could fly the plane, just not ride as a passenger until he got it cleared up.

Did you have any issues/delay when you purchased the Taurus or shotty?

 

[Menciajunior]

It could be a clerical error.

My buddy was a 747 captain for decades, but he got put on the No-fly-list. He could fly the plane, just not ride as a passenger until he got it cleared up.

Did you have any issues/delay when you purchased the Taurus or shotty?

i didnt purchase them the taurus was a hand me down is trash and the shotgun, i found it when i bought the house it was rusted i cleaned it up . is also trash i just use it as decoration on a wall.

 

[toddnjoyce]

OP needs to follow the advice in post #6.

 

[MTA]

Do you have a common name? Might be the gov fucking up like usual

 

[DaBull]

OP needs to follow the advice in post #6.

Yup. I had a friend who was buying private party (which requires an FFL transfer after 2014 in CO) and the ATF denied him. He had some sort of assault charge from a bar fight that was dismissed but would show up at the most unfortunate times...like when applying for a federal job. He had the court docs handy and the FFL helped him with the appeal and he was good to go a week later.

 

[Shady]

i cant buy a gun even from a private party? I'm not an open carry type guy. but i was thinking into hunting hogs and have a couple guns for home defense. i just don't want problems with the law.
this is kind of wild is like you are denied if
aggravated assault
domestic violence
Dishonorable discharge
Felons
or being next to somebody that stole timberland boots lol

If you are not a convicted felon why cant you buy private party.

 

[ScottDLS]

You need to talk to the BATFE and find out exactly why they refused you. The gun stores have the number to call and the BATFE will talk to you about why you were refused. It might not be for the reason you think. It could be they are mistaking you for someone else. Happens all the time.

The FBI, not ATF runs NICS. I posted the appeal procedure earlier.

 

[ScottDLS]

i cant buy a gun even from a private party? I'm not an open carry type guy. but i was thinking into hunting hogs and have a couple guns for home defense. i just don't want problems with the law.
this is kind of wild is like you are denied if
aggravated assault
domestic violence
Dishonorable discharge
Felons
or being next to somebody that stole timberland boots lol

You can buy from a private party assuming your $300 fine conviction 28 years ago was not a felony, which I find it highly unlikely that it would be. And practically, nothing will prevent you.

The TWIC is useless as would be a DoD security clearance, because neither of those credentials necessarily exclude convicted felons.

I still recommend you appeal the denial with the FBI, so that you can buy from a FFL in the future if you so choose. NICS Appeal .

 

[Tnhawk]

In the past years I had several denials, which were later cleared. I finally applied for a UPIN which took over a year to receive, however I haven't had a denial since receiving it.

 

[V-Tach]

Academy..........................................again...................................

 

[ScottDLS]

Academy..........................................again...................................

NICS..........................again.......................................

 

[Steve In Texas]

i cant buy a gun even from a private party? I'm not an open carry type guy. but i was thinking into hunting hogs and have a couple guns for home defense. i just don't want problems with the law.
this is kind of wild is like you are denied if
aggravated assault
domestic violence
Dishonorable discharge
Felons
or being next to somebody that stole timberland boots lol

The biggest reason I suggested an attorney is they can both investigate and advise while exposing you to minimal risk.

Private sellers have their own criteria.

Mistaken identity is also possible.

The stated reason may be something at the top of the list. What is buried deep with risks galore, that you may not be aware of, could be the real cause.

Tread cautiously.

 

[Lonesome Dove]

What state did your mishap take place in?