Gun laws. Need an advice

[V-Tach]

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

I'm not willing to rehash Academy's track record on delays=denials...........

But this same scenario has been posted multiple times only by Academy Customers................................

Coincidence?

Sure...........................

 

[V-Tach]

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.

Did Academy give you paperwork with your NTN to contact NICS which they are required by Federal Regulation to do?

If not, go back and demand it.

and if you don't know what the NTN is......they didn't.

 

[Sam Colt]

So many recent first posts asking for firearms purchasing advice. I wonder if this is the interview we were asked about.

 

[ScottDLS]

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.

Would it really take an attorney to figure out a NICS denial? If OP is a convicted felon, it's very likely he knows it already. Since he indicated the only issue he can think of is the $300 'theft' issue 28 years ago, it's pretty unlikely. NICS denials for mistaken reasons are very common. That's why ATF almost never follows up criminally on FBI NICS denials, because 99% are false positives.

 

[V-Tach]

If they didn't give him the paperwork to contact NICS and his NTN..............

I'm willing to bet he was delayed................

And it has been discussed ad nauseum...."some" Academy stores treat a delay as a denial and refuse to transfer the firearm even if an approval comes within 72 hours or one never comes, either way they could legally transfer the firearm but don't.

This has been a common complaint/occurrence over the years as posted here on TGT........

 

[V-Tach]

and just to ruffle some more feathers.....................

"Some" Academy stores will run a background check even if you have a LTC................

 

[PinnedandRecessed]

Neither here nor there but Academy's new policy is to hold on to your DL/CHL while you finger fudge the guns.

I've only bought one gun from Academy. They wanted me to wait for the BC even though I had a CHL. It didn't take long but Academy is about the last place I'll try when looking for something. Ammo excluded if its on sale.

 

[ScottDLS]

Neither here nor there but Academy's new policy is to hold on to your DL/CHL while you finger fudge the guns.

I've only bought one gun from Academy. They wanted me to wait for the BC even though I had a CHL. It didn't take long but Academy is about the last place I'll try when looking for something. Ammo excluded if its on sale.

I bought a Bushmaster AR15 from Academy in 2016 because I thought Hillary was going to win and I don't remember if they ran a BC even though I had a LTC, but the process was fast enough that if they did, I didn't notice.

 

[Menciajunior]

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

well i know i can . but i just no sure if i get in a position that i need to use it them i would get charge or something i dont know.
and it was not a felony it was a misdemeanor

 

[Menciajunior]

What state did your mishap take place

 

[Menciajunior]

Boston MA
but i remember it was not a felony. i just cant remenber the distric and the record might be spondged by now
i mean i got a twic card it requires federal background check.. i carried explosives ect. if i crash it can take out awhole block but they are scare i might kill a hog.

 

[leVieux]

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.

AMEN TO THIS !

 

[V-Tach]

Boston MA
but i remember it was not a felony. i just cant remenber the distric and the record might be spondged by now
i mean i got a twic card it requires federal background check.. i carried explosives ect. if i crash it can take out awhole block but they are scare i might kill a hog.

Did they give you paperwork with your NTN to contact NICS and appeal it?

Go to a real gun store and buy a firearm............

 

[Menciajunior]

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.

thanks but i doubt i got hidden stuff .

Would it really take an attorney to figure out a NICS denial? If OP is a convicted felon, it's very likely he knows it already. Since he indicated the only issue he can think of is the $300 'theft' issue 28 years ago, it's pretty unlikely. NICS denials for mistaken reasons are very common. That's why ATF almost never follows up criminally on FBI NICS denials, because 99% are false positives.

yeah as i remember it was a misdemeanor for less than 100 dollars . suppostly i help as lookout lol

Did they give you paperwork with your NTN to contact NICS and appeal it?

Go to a real gun store and buy a firearm............

yes they did. I just don’t want to mess it up even more. I can’t even remember where this incident happened. Tomorrow I’ll call THE ATF maybe they tell the exact reason.

 

[toddnjoyce]

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

Bring a fat wallet because you’re looking at $350/hr minimum.

Went thru this earlier this year fixing a court clerk’s erroneous entry in Walton County, Florida, earlier this year. In 2001, the idiot recorded an $80 speeding ticket as a felony. Even with all the paper records (we actually had a copy of the docket) that was on our side it took 16 billable hours for the attorney to get the court record, get the local Sheriff’s legal counsel to verify the court error, get a court order to change the record, then get FDLE to do their thing to get the entry out of NICS.

 

[Menciajunior]

Bring a fat waller because you’re looking at $350/hr minimum.

Went thru this earlier this year fixing a court clerk’s erroneous entry in Walton County, Florida, earlier this year. In 2001, the idiot recorded an $80 speeding ticket as a felony. Even with all the paper records (we actually had a copy of the docket) that was on our side it took 16 billable hours for the attorney to get the court record, get the local Sheriff’s legal counsel to verify the court error, get a court order to change the record, then get FDLE to do their thing to get the entry out of NICS.

well i guess is bow and arrows for me . lol

 

[DoubleDuty]

and just to ruffle some more feathers.....................

"Some" Academy stores will run a background check even if you have a LTC................

Yep, I have an LTC also and the last gun I bought from Academy the Manager gave me a 30 percent discount because of the NCIS delay.

 

[V-Tach]

NICS will not tell you the reason over the phone. This cannot be resolved over the phone....You will need that NTN to address the issue.....they will likely request fingerprints and photo to be mailed to them.....

You should have addressed this when it occurred as it would have been easier...

good luck............

 

[Menciajunior]

NICS will not tell you the reason over the phone. This cannot be resolved over the phone....You will need that NTN to address the issue.....they will likely request fingerprints and photo to be mailed to them.....

You should have addressed this when it occurred as it would have been easier...

good luck............

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.

 

[V-Tach]

Once denied, you will continue to be denied forever until you clear it up. Buying a gun privately and not telling them you have been denied is.....unlawful, unethical and could get you in deeper hot water than you need......

Start with the call and follow up with their request of information from you. It could take a couple weeks to get resolved or much longer.

Get it done, and rest easy knowing it has been taken care of......and enjoy your 2A Right..............