My nephew's fiancee had a felony drug possesion when she was 18. She got a deferred adjudication, and completed her probation, rehab, etc, with no problems. Now that she is around my family (we are a bunch of hillbilly gun nuts, not that that is bad), she wants to know if she can own a firearm. I think the answer is yes, but would hate to find out the hard way. Is there any way to check the NICS system without the ATF kicking in her door? (especially since they are renting a house from me!)
Is there a way to run a "test" background check?
- Thread starter Jack M
- Start date
Caeca Invidia Es
Staff Alumnus
My friend had this problem when considering getting a CCW. He called the local BCI and asked. Was told he had to wait a couple of months before applying for his CCW, but it saved him the money of applying and getting turned down. Might be worth a shot.
DialONE911
New member
This sounds like a good time to consult a lawyer. The real issue isn't whether she won't pass the background check, but whether she is legally able to own firearms.
Even if the charges were officially cleared, there is a good chance that she will be denied. She may have to produce proof that she has never been officially convicted of any charge that would disqualify her from gun ownership.
YMMV. Laws vary from state to state.
Even if the charges were officially cleared, there is a good chance that she will be denied. She may have to produce proof that she has never been officially convicted of any charge that would disqualify her from gun ownership.
YMMV. Laws vary from state to state.
I'm No Lawyer But....
My neices husband had a simple possession drug beef here in CA. They gave him what they call "diversion", which diverts one out of the court system. He had to take drug classes, pee in a bottle every so often, etc.
At any rate, when he/anyone applies for diversion, a "Not Guilty" plea is also entered. This was several or more years ago. He now passes the CA DOJ background checks just fine. From what I understand, his arrest shows up on computer checks, but that's all that shows up. No conviction statistics are listed, as if the charge were dismissed or found not guilty, which is how he plead in court.
What I'm getting at is he was never pronounced "GUILTY" by a judge or the court or himself.
If the circumstances for the fiance are the same, (e.g. she was never pronounced guilty or plead guilty), I'd say she is fine. If she was ever pronounced guilty and convicted of a felony, she won't be able to truthfully pass the 4473 requirements and will be denied.
If you are not sure, see the DA who handled the case. He will tell you for sure if there was a conviction.
My neices husband had a simple possession drug beef here in CA. They gave him what they call "diversion", which diverts one out of the court system. He had to take drug classes, pee in a bottle every so often, etc.
At any rate, when he/anyone applies for diversion, a "Not Guilty" plea is also entered. This was several or more years ago. He now passes the CA DOJ background checks just fine. From what I understand, his arrest shows up on computer checks, but that's all that shows up. No conviction statistics are listed, as if the charge were dismissed or found not guilty, which is how he plead in court.
What I'm getting at is he was never pronounced "GUILTY" by a judge or the court or himself.
If the circumstances for the fiance are the same, (e.g. she was never pronounced guilty or plead guilty), I'd say she is fine. If she was ever pronounced guilty and convicted of a felony, she won't be able to truthfully pass the 4473 requirements and will be denied.
If you are not sure, see the DA who handled the case. He will tell you for sure if there was a conviction.
Go to Wal-Mart and pick out a gun you like and have her fill out the form. When she answers questions in block 9 (A through L, I think) It will explain everything to her just from the questions that it asks. If she answers "yes" to any questions EXCEPT for 2 of them, then you can hang it up. But I think the previous posts have it right and she should be OK. I would just recommend that you go and try that since you won't have to pay a fee that some dealers charge to do the paperwork. Now if she has to answer yes to any of the "Key" questions, the clerk should stop the sale immediately and notify you of the reason. (Hint again: You can only answer yes twice on the form to be allowed to buy a firearm, and I won't tell you which ones they are. 
)
)Probably lawyer time.
Stakes are way too high here. If it comes down to it that by buying or posessing a firearm she is in violation, then it could trickle down to everyone/anyone that gives one to her.
Well your Honor, you see these people on the internet told me,,,,, ain't going to cut it in court. Best to get professional written advice.
No offence intended to anyone posting advice. I see it posted a lot that you get what you pay for with free advice.
Stakes are way too high here. If it comes down to it that by buying or posessing a firearm she is in violation, then it could trickle down to everyone/anyone that gives one to her.
Well your Honor, you see these people on the internet told me,,,,, ain't going to cut it in court. Best to get professional written advice.
No offence intended to anyone posting advice. I see it posted a lot that you get what you pay for with free advice.
RAE, you are right, she would not be going just by advice from here, that is why I was wondering if there was a way to "test" the official system. The judge and her lawyer told her that the deferred ajudication meant that the arrest "never happened" if she completed everything. One of my main concerns is the one Gary H mentions, did the court do the paperwork correctly? Oh well, looks like a little $$$ to a lawyer to get a background check run, and the court records researched. Thanks for the replies!
This is similiar to those who want to know if they can get a gun even though they may be taking Prozac or Zoloft. I would suggest you talk to local lawyer or police officer although they may not answer your questions correctly.
As for the Prozac,et/al, If you answer the question truthfully, your questions will be answered since many people have had mild depression and take the medication but have not been insitutionalized and are pysicologically ok. They are still able to obtain a gun. Now if you are familiar with the smell of rubber (rubber room), that is another situation.
As for the Prozac,et/al, If you answer the question truthfully, your questions will be answered since many people have had mild depression and take the medication but have not been insitutionalized and are pysicologically ok. They are still able to obtain a gun. Now if you are familiar with the smell of rubber (rubber room), that is another situation.
Well, I've been dating a girl in Illinois. I like her, etc., but I _really_ wanna find out if she can pass the background check, and I'm not gonna just bluntly ask her - that just doesn't feel right. So I'm gonna give her a rifle - All she needs to do is go down and get her FOID card first...
Lance Gothic
New member
Dear Jack M & other members,
Your best bet is the attorney route.
Background investigations and records may be "tested" with:
http://www.xplanation.net/continental
http://www.private-eyes.com
http://www.publicrecords.knowx.com
Your attorney of record should know of these, and other, resources. If not, contact the American Society for Industrial Security, (ASIS), for an agency competent in your area for background investigations. (CPP - Certified Protection Professional).
A call to NRA for an attorney familiar with firearms laws, and/or a call to your state Bar Association for attorneys representive of this area of practice can help.
Regards,
Lance Gothic
Shibumi
Your best bet is the attorney route.
Background investigations and records may be "tested" with:
http://www.xplanation.net/continental
http://www.private-eyes.com
http://www.publicrecords.knowx.com
Your attorney of record should know of these, and other, resources. If not, contact the American Society for Industrial Security, (ASIS), for an agency competent in your area for background investigations. (CPP - Certified Protection Professional).
A call to NRA for an attorney familiar with firearms laws, and/or a call to your state Bar Association for attorneys representive of this area of practice can help.
Regards,
Lance Gothic
Shibumi