Clearing up the NICS record

This is a discussion on Clearing up the NICS record within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The crazy saga of my attempt to exercise my rights continues. I've retained a lawyer. He says it can almost certainly be cleared up, but ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 30
Like Tree77Likes

Thread: Clearing up the NICS record

  1. #1
    Member Array LittleLady's Avatar
    Join Date
    Jan 2014
    Location
    Oregon
    Posts
    61

    Clearing up the NICS record

    The crazy saga of my attempt to exercise my rights continues. I've retained a lawyer. He says it can almost certainly be cleared up, but it'll cost about $1200-$1500 and take 3-6 months.

    It has to be separately cleared up in the state where the misdemeanor occurred, so that's another $1500 or so that I'll be out.

    This is doable. I have the money (although I'd prefer to keep it). I've lived to the age of 45 without carrying, so another few months is unlikely to kill me. I rather resent it, though. Why do I have to spend so much money to undo the infringement of a supposedly inalienable right?

    Also, why does nobody know this? Most people seem to think that only felons and mental patients are denied firearms. I wonder -- how much more support would 2A advocates would have if more people realized that some pretty trivial stuff is still being used against people even decades later?

    I also wonder what would have happened if, after getting my CHL, I had started carrying a weapon my family already owned. I would have had no way of knowing that the state police would declare it illegal for me to possess firearms.

    Young people, keep your noses clean. You may someday find yourself smacked in the face by something that happened long ago and far away and which seemed like only a fine and probation. You're in a far, far better position to promote "shall not be infringed" if you yourself have never had any problems.

  2. Remove Ads

  3. #2
    VIP Member
    Array gatorbait51's Avatar
    Join Date
    Apr 2013
    Location
    Loozianna
    Posts
    2,522
    I think you'll discover this'll be $1500.00 well spent. I can't wait to hear about the outcome. Should be instructive .
    fredg53, Aceoky, CLASS3NH and 3 others like this.
    EN MI VIDA AL MAL NO TEMERÉ, POR QUE EN MI CORAZÓN Y MIS DOS .38 SUPER COLT.

  4. #3
    VIP Member Array blitzburgh's Avatar
    Join Date
    May 2012
    Location
    Coastal SC
    Posts
    3,738
    Money well spent (though, it shouldn't have to be spent in the first place but that's another thread) if it means you can go on unhindered.

    ETA: I wish nothing but the best for you and it's downright terrible how your crazy saga has played out. I'm glad you haven't been deterred and are taking it all the way!
    "Rebellion against tyrants is obedience to God." - Benjamin Franklin
    "Experience: that most brutal of teachers. But you learn, my God do you learn." - C.S. Lewis

  5. #4
    Distinguished Member Array DingBat's Avatar
    Join Date
    Dec 2013
    Location
    Rocky Mountains
    Posts
    1,574
    good on you for perservering.

    this is one avenue to banning; simply make it so costly, and difficult to acquire arms that people give up. like the NFA, when it was inacted the $200 made it virtually innaccessible to the average Joe. Now we just gripe about the wait.

    ..."the times they are -a- changin..."
    Beans, Bullets, and Bandages. The only thing better than being ready is not having to use it!

  6. #5
    Member Array LittleLady's Avatar
    Join Date
    Jan 2014
    Location
    Oregon
    Posts
    61
    It's probably going to be more like $3000 if I proceed. I'll have to clear it up separately in MA, because MA says no to the feds and the feds then say no to OR.

    That's going to end up being one mighty expensive handgun.

    Given that many people just don't have the money for this crap, and that my particular travails won't benefit anyone else, I wonder if the money would be better spent by giving it to GOA or something. Of course, that would probably have no real impact and I still wouldn't have a firearm.
    gatorbait51 and BenGoodLuck like this.

  7. #6
    74
    74 is offline
    Member Array 74's Avatar
    Join Date
    Oct 2009
    Location
    Hermit's Peak
    Posts
    231
    Hell no- get it cleared up. It will be worth it in the long run.

    I'm confused as to why this didn't come up earlier during the CCL check process though. That seems strange.

    One thing I would do immediately if I were you would be to request a background check directly from the FBI. You should know exactly what is in the system as reported by the state of MA. That will help your attorney deal with specifics. I have heard that you can submit fingerprints electronically which speeds the process up dramatically- a phone call to the FBI customer service might help.

  8. #7
    VIP Member
    Array gatorbait51's Avatar
    Join Date
    Apr 2013
    Location
    Loozianna
    Posts
    2,522
    Quote Originally Posted by LittleLady View Post
    It's probably going to be more like $3000 if I proceed. I'll have to clear it up separately in MA, because MA says no to the feds and the feds then say no to OR.

    That's going to end up being one mighty expensive handgun.

    Given that many people just don't have the money for this crap, and that my particular travails won't benefit anyone else, I wonder if the money would be better spent by giving it to GOA or something. Of course, that would probably have no real impact and I still wouldn't have a firearm.
    The $3 k you are spending is steep, no doubt. From my vantage point, it is worth it simply to A) protect your rights and B) Protect you.

    You will have more impact than you know I do think involving the GOA and the NRA are both worthwhile endeavors . If for nothing else, it gets their lobbying muscle on your side .
    It is an expensive hand gun for sure. I think it is also going to be exciting for the various bureaucracies to explain why this is such a crime against humanity and/or why it wasn't expunged from your record.
    BenGoodLuck and Navydude like this.
    EN MI VIDA AL MAL NO TEMERÉ, POR QUE EN MI CORAZÓN Y MIS DOS .38 SUPER COLT.

  9. #8
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,868
    Also, why does nobody know this? Most people seem to think that only felons and mental patients are denied firearms. I wonder -- how much more support would 2A advocates would have if more people realized that some pretty trivial stuff is still being used against people even decades later?
    I know it. I've been telling people about this fiasco for years. Fact of the matter is, most people aren't smart enough to figure it out how much of a scam the NICS check is. They bought into the lie that it keeps guns out of the hands of criminals, without ever considering that it keeps more guns out of the hands a good people for bullhockey excuses.

    I could tell you stories that would have your hair standing up.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  10. #9
    Member Array LittleLady's Avatar
    Join Date
    Jan 2014
    Location
    Oregon
    Posts
    61
    Quote Originally Posted by 74 View Post
    I'm confused as to why this didn't come up earlier during the CCL check process though. That seems strange.
    That makes two of us.

  11. #10
    Member Array LittleLady's Avatar
    Join Date
    Jan 2014
    Location
    Oregon
    Posts
    61
    Quote Originally Posted by gatorbait51 View Post
    I think it is also going to be exciting for the various bureaucracies to explain why this is such a crime against humanity and/or why it wasn't expunged from your record.
    I doubt they'll even blink. It's not like I'm Justin Bieber and they'll have to explain their actions to the media.
    ShooterGranny likes this.

  12. #11
    Member Array LittleLady's Avatar
    Join Date
    Jan 2014
    Location
    Oregon
    Posts
    61
    Quote Originally Posted by HotGuns View Post
    I know it. I've been telling people about this fiasco for years. Fact of the matter is, most people aren't smart enough to figure it out how much of a scam the NICS check is. They bought into the lie that it keeps guns out of the hands of criminals, without ever considering that it keeps more guns out of the hands a good people for bullhockey excuses.

    I could tell you stories that would have your hair standing up.
    Then maybe that's the right approach -- document all this stuff and publicize it properly.

    I wonder if anyone was denied a firearm and then became the victim of a stalker, home invader, etc.
    blitzburgh likes this.

  13. #12
    Member Array LittleLady's Avatar
    Join Date
    Jan 2014
    Location
    Oregon
    Posts
    61
    Here's something which came up in PM: "Disqualifying misdemeanor" used to mean only domestic violence or some drug charges. It now means a much greater variety of things -- it's any crime for which you could have been sentenced to two years under the most aggravated circumstances, even if the actual penalty was only a fine.

    When exactly did this change? Apparently it was after 2010, but I can't get an exact date. Does anyone know?

    There are probably a fair number of people on this forum who are illegal to possess and don't even know it.

  14. #13
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,868
    How about getting tagged by the local sheriffs office, paying your traffic fine and then NOT being able to clear it off of NICS because that particular section wasn't funded by Congress?

    How about being told that you will NEVER get it cleared because they don't have the staff to do it?

    Since when did a "misdemeanor" disqualify you from your Constitutional Rights? Since the Present Administration has occupied the White House...that's when.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  15. #14
    VIP Member Array Aceoky's Avatar
    Join Date
    Jan 2013
    Location
    USA
    Posts
    4,582
    Quote Originally Posted by HotGuns View Post
    How about getting tagged by the local sheriffs office, paying your traffic fine and then NOT being able to clear it off of NICS because that particular section wasn't funded by Congress?

    How about being told that you will NEVER get it cleared because they don't have the staff to do it?

    Since when did a "misdemeanor" disqualify you from your Constitutional Rights? Since the Present Administration has occupied the White House...that's when.
    And we ALL KNOW that is what comes out of the south side of a north bound Maggie

    But some will say our system is great- it can't happen Here- I don't know where their heads are Or what they're paying attention to- I miss the Real USA and the freedoms it once represented ...
    -------------------------------------------------------------------------------------------------
    In Gibson v. Commonwealth, 237 Ky. 33, 34 S.W.2d 936 (1936), the High Court stated:  “[I]t is the tradition that a Kentuckian never runs.   He does not have to.”

  16. #15
    74
    74 is offline
    Member Array 74's Avatar
    Join Date
    Oct 2009
    Location
    Hermit's Peak
    Posts
    231
    Quote Originally Posted by HotGuns View Post
    How about getting tagged by the local sheriffs office, paying your traffic fine and then NOT being able to clear it off of NICS because that particular section wasn't funded by Congress?
    If it's a criminal offense I can understand it being reported to NICS. Otherwise- ???? I have never heard of such a thing.
    gatorbait51 likes this.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •