Denied Background

[igboyd]

I attempted to purchase a firearm today and was denied by the colorado criminal background check system.

The only thing I can think of that would cause such a thing is an error. I did plead guilty in 1998 to an amended class 1 misdemeanor (arizona, not domestic violence, 6 mos maximum penalty) in 1998. I checked the disposition with the jurisdiction in question this afternoon, and there is nothing outstanding. The case is closed and has been for some time.

My understanding is that the maximum penalty must be one year. Therefore, this does not apply.

Is this correct?

 

[Brian Pfleuger]

18 U.S.C. sec. 922 (g):

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -

(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien, is illegally or unlawfully in the United States;
(6) who (FOOTNOTE 1) has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that -

(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

(B)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.


CBI denied my purchase of a firearm based on the fact that I was arrested, but I was never convicted of that crime (acquitted, deferred judgment, deferred sentence, etc).

Can I be denied for a crime I was not convicted of? YES -- CBI denies based on arrest/citation. Click here to see how that law passed. It will be up to you to contact CBI to set the matter straight. (CBI’s Insta-Check website is http://cbi.state.co.us/ic/index.htm & phone number is (303) 486-2823 )


I'm gonna say that website and phone number at the bottom is your best bet.

 

[igboyd]

Thanks for the reply peetza.

Though I'm not sure that applies in this case as there is a conviction. It's just not for a felony, or other crime for which I could of been sentenced for a year or longer.

Plea to a class 1 misdemeanor, maximum possible sentence, 6 months.

 

[Jason607]

Depends on what that was, if it was involving anything violent or drug related, even if it's minor, you very well might be deneyed. The fact that it's been over 10 years and you've been good before and after they should let you slide.

I know a good upstanding law abiding family man who I hold in very high regaurds as someone I consider myself a role model, who is 45 now, but he can't buy a gun today because when he was 18 he was arrested because they found cocain in a car he was riding in. He plead guilty to possession so all he would get is probation rather than face trial and prison.

 

[pendennis]

Besides the CBI, you may very well need to contact a lawyer that's intimately familiar with Colorado gun laws. These things can get so complicated and convaluted, that you could end up doing yourself no good at all.

I know that you stated what the offense, and disposition were, but it's possible that the Colorado court system, and CBI aren't communicating properly.

Best of luck.

 

[44 AMP]

Have you bought guns before?

If this is your first time buying a gun, the system might just have your name confused with someone else. If you have a fairly common name, this can happen often. The submission of your SSN is supposed to prevent this, but it can still happen.

Or, it could be as you surmise, your arrest/conviction may have put a hold flag on your name.

Either way, get a lawyer (in the long run, the expense will be worth it), and proceed with the challenge process. The same reason you are denied a gun might be enough to get you on the no fly list, or cause you other problems if not cleared up properly, by using the system. And that means a decent lawyer and costs. It sucks, but thats the law.

 

[igboyd]

Thanks all. I do plan on getting a lawyer.

While the arrest was drug related (a joint), I did find this that may be of help to others in the future, so I will post it here.

From http://www.ttb.gov/rpd/tdatf391.htm

An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year, or multiple arrests for such offenses within the past five years if the most recent arrest occurred within the past year.