What to do about denied application

This is a discussion on What to do about denied application within the General Firearm Discussion forums, part of the Related Topics category; I attempted to purchase a hand gun and went into the background check honestly thinking I had nothing to worry about. My application came back ...

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Thread: What to do about denied application

  1. #1
    New Member Array expodis's Avatar
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    What to do about denied application

    I attempted to purchase a hand gun and went into the background check honestly thinking I had nothing to worry about. My application came back as denied. I was quite surprised by this.

    So ultimately I tied it back to some younger days. 10 years ago I pled guilty to a charge (Property Damage in excess of $1,500) in Minnesota when I lived there. It was punishable for upto 10 years in prison and was at the time a felony. Im not looking for sob story, I know what I did was wrong and accepted the fact that I made a mistake and it was my decision. But after all the lawyering and whatnot, my sentence was two days in jail, 5 years probation, $1,500 fine and around $2,000 restitution, plus the felony then would be reduced to a misdemeanor and my Civil Rights would be reinstated. About 6 months after the conviction, I relocated to Missouri upon my jail time and all fines paid and was placed on unsupervised probation. This was let off probation two years early. My criminal record has been clean since this incident (happened in Oct 2002 and convicted May 2003) and prior to it was I had a couple minor consumptions. But my criminal record is only showing the one I discussed above and is showing up as a misdemeanor

    So anyways, thats the entire story. So I go to purchase a hand gun and I was denied. What I am wondering is if there is anyway that I can appeal or get a waiver or anything similar to that? I do not have a violent record, its been 10 years since anything more than a speeding ticket and if I can appeal, do I do it with the State of Missouri (my current residence) or the State of Minnesota (birthplace and home for 22 years)?

    My biggest concern of course is self defense, particularily for my wife. If I did something that prevents me from defending my home with anything more than my slingshot, boy have I ever done a disservice to my family.

    I appreciate any advice people here are willing to offer and thanks for your time.

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  3. #2
    Senior Member Array deafdave3's Avatar
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    Unfortunately, the law and policticions think that no matter how long ago we made a mistake, if we did make a mistake, then we are not responsible enough to own a gun for the rest of our lives. I'd really like to know if some of those law-makers think they are perfect.
    BenGoodLuck likes this.
    A CCW is like a parachute; if you need one, and don't have one, you'll probably never need one again.

  4. #3
    VIP Member Array Harryball's Avatar
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    Seek the advise of a lawyer.
    Don"t let stupid be your skill set....

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    Consult a lawyer. Often, after a period of time and depending on the offense, gun rights can be restored.
    Retired USAF E-8. Remember: You're being watched!
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  6. #5
    Distinguished Member Array Black Knight's Avatar
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    First find out officially what caused the denial. Your memory may be off or not but you won't know for certain until you ask. Your gunshop should be able to give you the number you need to call. If it is what you think then contact the attorney in Minnesota you used to try clear it up. Also the actual sentence has little to do with it. It is what you could have gotten that matters. You were charged with a felony but were you convicted of a felony or a misdemeanor? It is the conviction category that is the key. Good luck.
    Eagleks and BenGoodLuck like this.

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    VIP Member Array high pockets's Avatar
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    Welcome to the forum!

    None of us here are lawyers and I am willing to bet almost all the suggestions you get will involve seeking an attorney (in your current state of residence, since they are the ones who denied your purchase) and getting his/her advice on how to proceed. From what I have read, when others have posted similar situations, it is going to involve a great deal of registered communication between the Missouri Attorney Generals office and the Minnesota Attorney General' office to get your situation straightened out.

    Remember IANAL, and I have NOT stayed in a Holiday Inn Express in several years.
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    - Anon

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    VIP Member Array Snub44's Avatar
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    ...sorry to tell you that the question on 4473 11.c. is probably the reason: "Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"

    ...however, look at : http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf page 4 of 6, instructions ro 11.c...


    ...IF your sentencing terms were totally followed through on, as you posted them, the exception should cover you...now is the time to request from the ATF( through the number which the dealer you were turned down through should have given you) the reason why you were turned down...if it was for this conviction...the court in the jurisdiction where you were convicted did not follow through the reducing of the charge and restoring of your rights...and it's time to dig up some bucks and make a lawyer in that jurisdiction a little fatter...he may be able to get them to complete the restoration and reduction to felony and get documentation and get you back amongst us...in the meantime, don't mess up..."they'll never know" OFTEN turns into "how'd they find out?"...
    ...a lengthy and maybe expensive process...but I think, at your age, well worth it...please keep us informed on progress...


    ...let the ATF tell YOU why they turned you down...before you go waving your undies from a pole..it may be something as simple as confusing you with someone else...but I kinda doubt it...
    wmhawth, Sister, NH_Esau and 1 others like this.

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    Distinguished Member Array oldman45's Avatar
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    Get a lawyer and get your record expunged. Once clean, it will be up to you to keep it clean. I admire you for owning up to the mistakes you have made. Yet you did make them and still paying for the mistakes.

    An expungement will take care of that
    A 9mm might expand but a .45acp never shrinks.

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    First off, welcome to the forum.

    No matter how much or what advice you receive here, the only person who will be able to straighten it out for you (if at all) is going to be a lawyer. Since your arrest and conviction was in Minnesota, you will probably need to contact one there. If possible the one who originally represented you.
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    Member Array bigsky109's Avatar
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    Quote Originally Posted by Harryball View Post
    Seek the advise of a lawyer.
    Hate to agree, but this is a case for a lawyer. Hopefully we haven't dumped them all in the sea...
    "The key to freedom is the ability to defend yourself"

  12. #11
    Member Array DeltaFirearms's Avatar
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    Quote Originally Posted by expodis View Post
    I attempted to purchase a hand gun and went into the background check honestly thinking I had nothing to worry about. My application came back as denied. I was quite surprised by this.

    So ultimately I tied it back to some younger days. 10 years ago I pled guilty to a charge (Property Damage in excess of $1,500) in Minnesota when I lived there. It was punishable for upto 10 years in prison and was at the time a felony. Im not looking for sob story, I know what I did was wrong and accepted the fact that I made a mistake and it was my decision. But after all the lawyering and whatnot, my sentence was two days in jail, 5 years probation, $1,500 fine and around $2,000 restitution, plus the felony then would be reduced to a misdemeanor and my Civil Rights would be reinstated. About 6 months after the conviction, I relocated to Missouri upon my jail time and all fines paid and was placed on unsupervised probation. This was let off probation two years early. My criminal record has been clean since this incident (happened in Oct 2002 and convicted May 2003) and prior to it was I had a couple minor consumptions. But my criminal record is only showing the one I discussed above and is showing up as a misdemeanor

    So anyways, thats the entire story. So I go to purchase a hand gun and I was denied. What I am wondering is if there is anyway that I can appeal or get a waiver or anything similar to that? I do not have a violent record, its been 10 years since anything more than a speeding ticket and if I can appeal, do I do it with the State of Missouri (my current residence) or the State of Minnesota (birthplace and home for 22 years)?

    My biggest concern of course is self defense, particularily for my wife. If I did something that prevents me from defending my home with anything more than my slingshot, boy have I ever done a disservice to my family.

    I appreciate any advice people here are willing to offer and thanks for your time.
    Ask your FFL for the NICS transaction number, and file an appeal. I've had several Denied transfers, and gave them the appeals brochure.

    If however any of the following applies to you. Your appeal may not succeed.

    18, U.S.C. 922 (g) (1)
    Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year

    18, U.S.C. 922 (g) (2)
    Is a fugitive from justice

    18, U.S.C. 922 (g) (3)
    Is an unlawful user of or addicted to any controlled substance

    18, U.S.C. 922 (g) (4)
    Has been adjudicated as a mental defective or committed to a mental institution

    18, U.S.C. 922 (g) (5)
    Is illegally or unlawfully in the United States

    18, U.S.C. 922 (g) (6)
    Has been discharged from the Armed Forces under dishonorable conditions

    18, U.S.C. 922 (g) (7)
    Having been a citizen of the United States, has renounced U.S. citizenship

    18, U.S.C. 922 (g) (8)
    Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner

    18, U.S.C. 922 (g) (9)
    Has been convicted in any court of a misdemeanor crime of domestic violence

    18, U.S.C. 922 (n)
    Is under indictment for a crime punishable by imprisonment for a term exceeding one year
    FFL 07 / SOT 2. I run a small hobby shop that makes custom firearms, and high performance ammunition.

  13. #12
    Ex Member Array MJB_17's Avatar
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    Have you considered a samurai sword in the interim? Yes, I am sort of kidding, but it has been done in an HD scenario:

    Johns Hopkins student from N.J. is cleared in samurai-sword killing of intruder | NJ.com

    This college kid hears a guy break into his garage (career criminal), grabs his sword he keeps handy (who doesn't?), confronts the guy, struggle ensues, uses said sword to sever the guy's arm and make a nice rack of ribs out of his abdomen, the guy bleeds out in minutes at the scene. The most amazing part, Baltimore City State's Attorney rules it justified and doesn't pursue charges (MD actually does have Castle Doctrine, no Stand Your Ground though).

  14. #13
    VIP Member Array Crowman's Avatar
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    More than likely you can appeal but I also advise getting an attorney............
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

  15. #14
    Senior Member Array elmacgyver0's Avatar
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    If you were a juvenile and your record was expunged it may take no more than a letter to the BATFE in Washington, DC asking them to review and update your FBI record.
    If it was not expunged you will need to go the lawyer route first.

  16. #15
    New Member Array expodis's Avatar
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    Thanks to everyone responding. I think Ill have to begin a discussion with some blood sucking attorney. Im a heart of America married man with six kids. I love my country and adore my countrymen. I cherish our process of electing leaders, I just dont care for most of the leaders. But when it comes to my country, there is not a single other countryman I would stand by in this world when time came to war. But keep in mind, if your the man standing next to me, Im only allow to use a sling shot.

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