Q's about my firearms eligability

T

T-MAN1984

Inactive
I'll start off as saying that my name is Tyler, I'm 25 and I've been attracted to firearms since I was about 7. Been an avid hunter but years ago I just somehow found myself gravitating towards off the wall types of AR's (AK 47's, Fal's, etc.) Not for hunting, (gave that up, too expensive these days), just for home defense and playin at the range.
Well my question is, I only have 1 AR at the moment (a wasr-10 7.62 AK 47 knock off) which is all right for my needs. But I went to purchase an AR-15 (Bushmaster I believe) and I was denied. It was about 4 months after I took the rap on a paraphenalia and small possesion of marijuana (wasnt mine but took the rap for my best friend)
Reason I got denied was of the Drug and Cosmetic act of 1972 I believe, it was supposed to be exponged under a section 17 ARD so I thought I was good to go. That was about 5 years ago (I got a dui along the way which supposedly got exponged too).
 
I would like to continue my collecting and get some handguns and a concealed permit as well, am I gonna have trouble or is it water under the bridge? (would also like to see about FFL weapons too SBR's SBS's, etc.) But i bet that is too far-fetched. I know that you have a permanent record with the State Police, so some LEO advice would be great! BTW I'm in PA

Any help would be greatly appreciated,
Thanks,
Ty
 
Evidently, it wasn't expunged. Right now your a prohibited person that should not be in possession of any thing that goes bang.

Lawyer up ASAP!

Q's about my firearms eligability
I'll start off as saying that my name is Tyler, I'm 25 and I've been attracted to firearms since I was about 7. Been an avid hunter but years ago I just somehow found myself gravitating towards off the wall types of AR's (AK 47's, Fal's, etc.) Not for hunting, (gave that up, too expensive these days), just for home defense and playin at the range.
Well my question is, I only have 1 AR at the moment (a wasr-10 7.62 AK 47 knock off) which is all right for my needs. But I went to purchase an AR-15 (Bushmaster I believe) and I was denied. It was about 4 months after I took the rap on a paraphenalia and small possesion of marijuana (wasnt mine but took the rap for my best friend)
Reason I got denied was of the Drug and Cosmetic act of 1972 I believe, it was supposed to be exponged under a section 17 ARD so I thought I was good to go. That was about 5 years ago (I got a dui along the way which supposedly got exponged too).
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No at the time stuff was in the act of being exponged (didnt know I had to call my lawyer and give him more money to file the paperwork) So my regular history is good, but I was told that the State Police keeps a record of everything, that doesnt go away.
Thats what I wanna know about, I dont wanna go through the whole shebang of trying to purchase a firearm I finnaly picked out only to have my background check denied.

Which database is checked for firearm purchases is what I'm lookin for I guess?
 
Which database is checked for firearm purchases is what I'm lookin for I guess?
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Depends upon your state.

If you are truly prohibited from purchasing, and at this moment in time it sounds like you might be, then you are also more than likely prohibited from possession as well. You are playing with fire, my friend, and I would highly recommend giving your gun(s) to a friend to hold them for you until you get the problem straightened out.
 
I don't keep them at my place anyway, I'm hardly home with work and all and having weapons there would be one more thing for someone to break in and steal. I don't know if I could take finding out that someone was killed using a stolen gun, I'm sure it happens all the time. I was assured by my lawyer that all was good and that was years ago. Was never asked or told to hand anything over, I was basically only on adult probation for a month which fell under some form of ARD
 
All firearm purchases are run through NICS, which is maintained by the FBI. The dealer that ran you and received your denial should have gave you a pamphlet called "guide for appealing a firearm transfer denial", and they should have recorded your NTN# (the number assigned by the NICS system) on that pamphlet. This is your route to figuring out the 'why exactly' you were denied, instead of all the 'well it might have been' or 'this should have been', stuff. If the dealer did not give it to you, go back and ask for it. They should pull your paperwork back up and be able to tell you the NTN so you can get accurate answers.

Hope this helps.
 
Yea I got what they called a "Challenge Form" it had listed on there one of the reasons being what I was arrested for (which was the only thing I ever got in trouble for at that point) So I didnt send it in, I back tracked everything to my lawyer and just took care of it that way. The form was just to specifically tell me why I why denied as I understood it.
 
So I didnt send it in, I back tracked everything to my lawyer and just took care of it that way.
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Obviously that didn't work.

It is up to you to take the action(s) necessary to resolve the issues with the government. It appears that you were given, at the time of denial, the means to appeal the denial. If you don't do that, why do you expect anything to change?

As Navy LT points out, a denial to purchase likely means that you are prohibited from possessing firearms, at least according to the government's records. "Possessing" means touching or handling a firearm, not just storing them in your home. "Playing at the range" could well result in arrest and federal felony charges levied against you for being a prohibited person in possession of a firearm. If you don't resolve the issue, the issue won't go away by itself. It is much less expensive to resolve the issue than to defend against a federal felony.
 
Like I said I had all of that taken care of years ago, I am basically starting to be interested in buying a handgun and getting a ccw was just wondering if that was somehow different for some reason I had all my expongements and everything taken care of years ago.
Everything is good I just didnt know if handguns were looked at or treated differently.
 
Like I said I had all of that taken care of years ago, I am basically starting to be interested in buying a handgun and getting a ccw was just wondering if that was somehow different for some reason I had all my expongements and everything taken care of years ago.
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As several posters on this board have indicated; you ARE playing with fire.
 
The problem is you don't know that this was taken care of. Were I you, I would leave the firearms in posession of a close friend or relative and not go to the range or have anything to do with shooting until you can get this mess straigtened out. Next, I would find a different lawyer as it doesn't seem that your past one was doing all that he should have been. Once you've found a lawyer, consult with him or her about how to proceed.
 
I think from reading about several others on this board, that having the state expunge a conviction does not take it off the federal list. So the nics check goes in to the FBI they see the past conviction and deny. The purpose of the appeal process is so you can send in the correct information from the state showing that you now have a clean record and they can ignore the old stuff. Depending on how complex the case is you may need a lawyers help getting the proper paperwork to the right people. If you finally get federal approval you can also get a special PIN number so that you do not have to go through the whole procedure every time.
 
Tyler, your time-line (the way you've told this tale), is a bit confusing.

Are you saying that besides the offenses, you also got denied some time ago? Or are you saying that the NICS check was recent?

If all of this was 5 or more years in the past, and you believe that everything was "taken care of," then you can go to a store and purchase a handgun. You'll know pretty quick if everything is good to go. You'll either walk out with your new handgun or you won't.

If however, the NICS denial was of recent origin, then you have some things to do. Others have covered the legal issues.
 
Oh, yeah, man. Like, it wasn't my dope! I was only holding it for a friend. :rolleyes:

I don't see a question either. Just a convicted felon whining about not being able to buy a gun. :mad:
 
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