Issues with NICS

[Bluehazemay]

I was recommened by several forums to post my issue to see if I can obtain any information. I would really appreciate any help I can obtain on this.

I went to purchase my new hand gun from the pro shop and filled out the form required for purchase. The process came back denied. Now I have proceeded with the appeals process and was wondering if anyone could give me some insight on this. Now the reason I feel the denied me was due to I have a small record when I dumb and young. I was orginally charged with a class D feloney for possession and with class A misdemenor Handgun with out a permit. Now due to this was my first time and I was not aware of the drugs in the vehicle ( got to love brothers ). The judge aggreed to alternative sentenceing so that I would only have 2 misdemenors. So the class D feloney was changed to a class A misdemenor. This was back in august of 2006 and was completed in feb of 2007. I completed my probation in feb of 08. Now the charge was in Marion county IN, I have heard of issues with records not being updated to the NICS. After speaking with the NICS I am still eiligiable for obtain a Firearm but my record may not be updated and that is way I proceeded with the appeals process.

If anyone can give any assistance on this or any information, anything would be helpful. Thank You.

 

[minuteman32]

I would contact an attorney & seek an expungment of that record. I don't know how involved it is or how much it would cost, but that would be where I would start.

 

[Scutter01]

Try here:

https://www.indianagunowners.com/fo...mendment/4796-ever_been_denied_a_firearm.html

 

[Bluehazemay]

Expungment right now I would love but it hasent been that long so I dont think im eiligable for it just yet. But I do know my 2 misdemenor charges shouldnt affect this, I wondered if there systems were possibly not up to date with my alternative sentence due to it is marion county indianapolis.

 

[NateIU10]

I thought any charge, felony or misdemeanor, involving a firearm made you ineligable?

 

[Bluehazemay]

No not at all. Class A misdemenor - handgun without a permit can happen if you are going to the range and the officer wants to give you a problem. My feloney is no longer a feloney do to alternative sentenceing and was brought down to a misdemenor. Normally for a misdemenor to affect you it has to be a sentence of more then 1 year or domistic volience

 

[rmcrob]

See if any of this fits:

IC 35-47-1-7
"Proper person"
Sec. 7. "Proper person" means a person who:
(1) does not have a conviction for resisting law enforcement under IC 35-44-3-3 within five (5) years before the person applies for a license or permit under this chapter;
(2) does not have a conviction for a crime for which the person could have been sentenced for more than one (1) year;
(3) does not have a conviction for a crime of domestic violence (as defined in IC 35-41-1-6.3), unless a court has restored the person's right to possess a firearm under IC 35-47-4-7;
(4) is not prohibited by a court order from possessing a handgun;
(5) does not have a record of being an alcohol or drug abuser as defined in this chapter;
(6) does not have documented evidence which would give rise to a reasonable belief that the person has a propensity for violent or emotionally unstable conduct;
(7) does not make a false statement of material fact on the person's application;
(8) does not have a conviction for any crime involving an inability to safely handle a handgun;
(9) does not have a conviction for violation of the provisions of this article within five (5) years of the person's application; or
(10) does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult, if the person applying for a license or permit under this chapter is less than twenty-three (23) years of age.

 

[Turtle]

You can appeal it! They have mix ups over names and such all the time. And if you can get all your records and prove your not a bad guy. You will get your rights back.

 

[shawkpilot]

I just ran into a similar situation with a New Hampshire Non-res permit. I was declined because of a misdemeanor over 12 years ago. I talked to an attorney, who advised that expungement is only available for things committed as a minor. I could apply for a (_________). I can't think of it right now, and I can't find my paperwork. It was 4 letters, and it basically was a hope that somehow the paperwork got done incorrectly, and it would remove it from my record. Interestingly, it hasn't affected my IN Lifetime or my PA, or UT nonres, so far. I've had the IN for several years, the others I just recently acquired.

 

[shawkpilot]

PCR Post Conviction Relief

Worth a try.

 

[Jack Ryan]

I was recommened by several forums to post my issue to see if I can obtain any information. I would really appreciate any help I can obtain on this.

I went to purchase my new hand gun from the pro shop and filled out the form required for purchase. The process came back denied. Now I have proceeded with the appeals process and was wondering if anyone could give me some insight on this. Now the reason I feel the denied me was due to I have a small record when I dumb and young. I was orginally charged with a class D feloney for possession and with class A misdemenor Handgun with out a permit. Now due to this was my first time and I was not aware of the drugs in the vehicle ( got to love brothers ). The judge aggreed to alternative sentenceing so that I would only have 2 misdemenors. So the class D feloney was changed to a class A misdemenor. This was back in august of 2006 and was completed in feb of 2007. I completed my probation in feb of 08. Now the charge was in Marion county IN, I have heard of issues with records not being updated to the NICS. After speaking with the NICS I am still eiligiable for obtain a Firearm but my record may not be updated and that is way I proceeded with the appeals process.

If anyone can give any assistance on this or any information, anything would be helpful. Thank You.

"Young" and dumb, busted with drugs and guns, way back 3 whole years ago and now you've been off probation a whole 11 months, I don't see why they would NICs you for that. That's just terrible.

 

[Bluehazemay]

Agreed if figures as much but it comes down to they do not have the proper records and go figure thats typical of marion county

 

[MyGlockRocks19]

I have a friend that got a domestic violence charge on his record (it wasn't what it sounds like, but thats another story) and had to go through a process to expunge it before he could buy a gun.

 

[Bluehazemay]

The good thing I payed a lawyer to assist and for a $100 he petitioned the court to do as promised per the court agreement and that is to remove my felony charge.

 

[Michiana]

The vast majority of citizens do not get in trouble growing up, don’t do dope or get caught by the police with illegal firearms. Young people need to learn that breaking the law can have a long term negative affects on their lives. YOU blew it, you knew you were doing wrong and did it anyways. I would tell my kids “do the crime-do the time” and quit crying.

 

[esigler]

I was eighteen

When I was 18 back in 87" I was hanging with the wrong crowd, we went to what we thought was an abandoned building. Two of us went through the whole in the side of the building, the other two found some car batteries and put them in the truck. There was alarm on building, the police came I was under arrest for "breaking and entering"? I pled guilty per plea agree, Judge refused it because when I told the story he asked where is the breaking? It gets reduced to burglery, I do probation, pay fines, judge then reduces it to misdemenor. Two years later I am approved by City of Elkhart to be hired as a police officer (only hiring minorites at the time so I dont get in). I had been voting all a long. About a year ago I decide to purchace a hand gun, NICS denies. NICS sends me why I was denied, then I apeal, I get records that show what I did was reduced, about six months later the letter comes I win my appeal.

If the majority were caught for the many things they got away with........

 

[singlestacksig]

The OP stated it was a NICS denial. so the records with the ATF need sorted out, not just Marion county. Get a lawyer.

 

[esigler]

If you apeal NICS will investiate, if it has been reduced they will change it on the FBI data base. I didnt need a lawyer.

 

[Bluehazemay]

If you apeal NICS will investiate, if it has been reduced they will change it on the FBI data base. I didnt need a lawyer.

Marion Country never filed my misdomener properly so I had my lawyer get involved, I took the paper work to the State Police station to have it changed, Which they did right away ( surprising ). Now the paper work it off to NICS. So everything looks good its just a matter of the wait, But this allows me to collect some more funds for purchases so I can't really complain.

 

[esigler]

I got the records my self from Elkhart County Sup Court 3, saved money didnt have to pay attorney. NICS still called the court for the same records I recieved from the court and sent in? It still took too long, I was e-mailing and calling every other week. I was so disapointed when, at the same time I tried to get my IN hand gun permit. The cheif of my City who I know said they still have you as a felon. He signed it anyway because he knows me, I said even after eighteen years that stupid mistake still haunts me!