hey guys, great forum just found it today, ok i got a denial on a fire arm purchase which is bull, they are trying to get me on title 18 sections 921/922 which is a conviction of a felony exceeding one year or misdemeanor exceeding two years in prison. i was convicted of a misdemeanor not exceeding one year(served 4 days the rest suspended). so this is mistake for sure. but in the way they write it it says punishable for a term exceeding one year, so do they really mean your specific term in the judgment or the punishable term in the general crime, see what i mean. this is crazy anyway since i have been approved by the nics background check purchasing handguns more than once in the past couple of years in a different city now i get denied when i move here. what the hell. thanks for any advise
denial/appeal
- Thread starter RonT
- Start date
by the way i did send in finger prints with my first letter so they can make sure its me. i have a print out of the chronological case summary from the courthouse in the given county where it clearly shows my disposition and everything. is this even worth mailing in to them since it is not the original certified documents with an embossed agency seal like they require? probably not right?
g.willikers
New member
Welcome to the forum.
Wish it was for something more pleasant.
Pretty sure that the actual time in jail is not what counts.
But rather the time stated for the conviction in the law.
But for something as important as this, you should really not be asking anyone other than an experienced lawyer.
Wish it was for something more pleasant.
Pretty sure that the actual time in jail is not what counts.
But rather the time stated for the conviction in the law.
But for something as important as this, you should really not be asking anyone other than an experienced lawyer.
RonT, you are reading the statute wrong.
The bolded part above means exactly what it says. If whatever you were convicted of, could have been punished by a term exceeding 1 year, not what you were actually sentenced to, you have become a prohibited person.
18 U.S.C. § 922(g)(1): It shall be unlawful for any person who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
The bolded part above means exactly what it says. If whatever you were convicted of, could have been punished by a term exceeding 1 year, not what you were actually sentenced to, you have become a prohibited person.
the letter i got states "either you or another individual with a similar name and/or similar descriptive features has been matched with the following federally prohibitive criteria under title 18 sections 921a(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."
i was convicted in 2002 of a class A Misdemeanor (maintaining a common nuisance) not exceeding one year. I'm not a felon and have no domestic violence, so i should not be dealing with this crap right?
i was convicted in 2002 of a class A Misdemeanor (maintaining a common nuisance) not exceeding one year. I'm not a felon and have no domestic violence, so i should not be dealing with this crap right?
my charge was reduced from a d felony to an a misdemeanor, so i'm sure thats where the problem is, someone at nics didn't read all of my file or something. calling my lawyer tomorrow. thanks for the input. damn, i guess that pretty little glock 21sf will just have to wait till this is all sorted
Last edited:
dogtown tom
New member
Where is "here"?
It would help to know your state of residency as some states do not deal directly with the FBI NICS, but with a state agency.
I assume this "first letter" was a NICS appeal? If you didn't send them what is needed you will sit there without a gun for a long time. If you know they require "original certified documents with an embossed agency seal" why the heck are you asking us what is wrong???? YOU DIDN'T FOLLOW INSTRUCTIONS.
For a NICS appeal a lawyer is not needed and is a waste of $$$. When a purchaser is denied by FBI NICS they are given information on how to appeal that determination. Usually it includes fingerprints and a certified copy of court documents. If the documents or prints provide the FBI with proof of identity or information showing that the individual was denied in error, they will issue a "proceed" for that transaction. The purchaser can choose to allow the FBI to keep a Voluntary Appeal File open for future firearms purchases.
If the appeal is denied due to information on the court documents then a lawyer would be needed to correct any errors in those documents.
Read the bolded portion above. It may not be you, but you'll have to deal with it.
The FBI NICS database is at the mercy of city, county and state databases- information from your court may have not been entered in a timely manner.
And as noted above it may not be you, but someone with a similiar name or description.
Nope. Paying an attorney at this stage is a waste of money until the OP submits his fingerprints and documents to the FBI.
If his appeal is denied THEN he will have need for an attorney.
yes dog, the first letter was the appeal. the fbi is now in possession of my fingerprint card that i sent with appeal. the letter they mailed me 5 days later stated reason for denial and that i can mail them original documents(which i don't have) if i believe i am the individual meeting the criteria.(which i probably am). question is are they considering my class a misdemeanor (which does not exceed one year in any conviction) still to be prohibitive circumstances. guess i'll find out when they verify my identity huh
Last edited: