Need advice for Denied Firearm purchase

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Chris5280

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Hello everyone, I just joined up and was recently introduced to guns by a coworker of mine when a few weeks ago we took his pistol out shooting. My wife agreed to buy me one for my birthday/christmas present.

I went to Gander Mountain the other day and looked at a bunch of different ones, and finally found one I liked...I filled out the form and it they ran it thru the background check system and it was denied.

I have already wrote a letter to the Colorado Bureau of Investigation to appeal but I think I know why I was denied. I DID plea bargain to felony trespassing when I was a kid, around the age of 15, I'm turning 29 this month, so I'm sure thats what was the purpose for my denial.

I've been searching on the net and I've found stuff about sealing juvenile records, and applying for having the "firearm disablity" removed since it happened so long ago and I haven't done anything since.

I was wondering if there is anything I can do or am I just sh*t out of luck???
 
Well, it was legal until she found out he was a felon.

Best bet is to pursue whatever rights reinstatement process that is set up by the state where you were convicted. Sounds like you're on top of that. Not much point in going through the ATF challenge process for the denial since you know why it happened.
 
Federal funding for the processing of appeals to restore gun ownership rights to convicted felons was shut down by the Clinton administration and your attempt to appeal will be wasted time until that funding is restored. Without the federal restoration of rights, the state process matters little. Getting the original conviction set aside is something to discuss with a qualified attorney.
 
Have your wife fill out the form and give it to you as a gift ... perfectly legal.
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If she know he was denied and she buys it for him she can go to jail. It is NOT legal to buy a gun for a person that was denied.
 
Yeah...I don't want my wife to get in trouble. I think I'll wait for the appeal info to come back from CBI then go from there, who knows it might be something else...but I doubt it.


Its starting to sound like I should ask for a different christmas/birthday present :o
 
You should go through the appeals process. It will take time but in the end they will tell you why you were denied or even reverse the denial. The instant background check stops looking for information at the first sign of a reason to deny.In appeal the records check goes farther and may find that the records show a dismissal of charges or judges restoration of all rights. Sometimes they just make a mistake. I have had two denials for purchase in the last four years and both were reversed on appeal. Now at your request the FBI will keep your records open and give you an ID number to use when calling in for the instant check. I have had no problems with purchases since using this ID system. The background search records are not kept by the FBI unless you request them to keep them. Each purchase is a new search by a different person and the results are not allways the same. The voluntary ID system fixes this. Washington State is big and I hated seeing a gun in a shop 100 miles from home and knowing I would be delayed or denied and have to return later to pick up or deal with a problem. If they don't reverse the denial at least they will tell you why and you can talk to an attorney about a cure. In my state the ffl dealer has to give the transaction number of the denied sale and instructions for appeal. They wanted my finger prints done by local police to establish my ID before releasing any information. Last time took two months. Good luck.
 
You should talk to a competent lawyer who specializes in firearms and restoring gun rights. You should try to go through the appeals process first, whatever that entails in your state. If you are still denied I would look into how you could go about asking the governor of your state for a pardon. Recieving a pardon should restore you right to buy guns.
 
I thought that a juvie record was sealed and could not be accessed after a persons 18th birthday. Are you absolutly certain that that is the reason?

As the others have stated, speak with a lawer and go through the appeals process. But first find out why you were denied to begin with and don't voulenteer information.
 
Who says it was considered a juvie record? He struck a plea bargain of getting felony trespassing. That means the charge was likely something worse. So he may have been charged as an adult.
 
I've been searching on the net and I've found stuff about sealing juvenile records
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Also, alot of people that I have known that plea bargained as juvies plead to get charged as juveniles. Just my assumption that 2+2=4, but I guess it could be 5.
 
I thought that a juvie record was sealed and could not be accessed after a persons 18th birthday. Are you absolutly certain that that is the reason?
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I thought so too, but the last item on the list of persons who cannot legally possess a firearm is:

Was adjudicated as a juvenile for an act that would have constituted a felony if committed by an adult.
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I'm sure that criminal tresspass is a felony, whether you are a juvenile or adult. I plea bargained so I can drop a few other charges and accept the highest one which was 1st Degree Criminal Tresspass, a class 5 felony, the second to the lowest felony.

Thanks for all the advice, I should have the appeal package back next week sometime....I'll keep you all updated.

I might have to look into this Governor thing....
 
I was denied by CBI a few months ago. Following their procedure, I sent the letter notifying them of my intent to appeal. They looked a little closer, realized they had made a mistake, and cleared the purchase without the actual appeal process.

In your shoes, I would wait for CBI's response. If they cite the incident you're referring to, then contact an attorney to see if anything can be done.
 
Juvie records may be sealed but once the crime is entered into the NCIC its fair game for everyone. I had a young man enlist into the military. He was getting ready to head for the airport to ship when the background check came back.

He had been charged with a felony. When we asked him about it he said the judge had told him since it was a juvenile record and would be sealed. It was expunged form his record when he didn't get in any more trouble over a period of time but the arrest was still in the NCIC.

The act was simply a foolish prank on school grounds that was a felony. We got it cleared up and got a waiver for the young fellow to stay in.

So there is a sea of information that is in the NCIC for better or worse.
 
I was denied by CBI a few months ago. Following their procedure, I sent the letter notifying them of my intent to appeal. They looked a little closer, realized they had made a mistake, and cleared the purchase without the actual appeal process.

In your shoes, I would wait for CBI's response. If they cite the incident you're referring to, then contact an attorney to see if anything can be done.
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Thanks for the help, I was hoping someone from CO would chime in. I think this is what I'll do.

The weird thing is that I work for the Federal Government, I guess the background check they gave me for employment isn't as detailed.
 
As I recall, it took about a week (maybe just a day or two longer) to receive a response from CBI.

Good luck!!
 
Couldn't you just go to a gun show and buy a gun from an individual (not a dealer). You don't have to do a background check when buying from an individual. Hand them the cash, they hand you the gun, perfectly legal.

I would talk to a lawyer and see about getting that off the record though so you are free go just go to a dealer in the future
 
Doug,
Are you really advocating a person who was denied a legal purchase to try and find illegal means of obtaining a firearm?

I can't believe I actually read 2 posts in this thread that advocate ilegal purchase. :mad:
 
Couldn't you just go to a gun show and buy a gun from an individual (not a dealer). You don't have to do a background check when buying from an individual. Hand them the cash, they hand you the gun, perfectly legal.
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I didn't know about this, can anyone else verify...he sounds like he's not 100% sure.
 
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