Defensive Carry banner

1 - 20 of 21 Posts

·
Registered
Joined
·
1 Posts
Discussion Starter · #1 ·
It was rather embarrassing receiving a conditional non approval. I paid cash for a .380 and was told when I went back a week later I was told I couldn't take it home. I am a Florida resident and first time buyer. The only thing that may be affecting this is a.) I didn't use my social security number( but my name is rare) b.) I went AWOL in 2006 but only received an other than honorable discharge. C.) misdemeanors when I was a kid...... I don't get it! I really hope this doesn't take away my right to buy a weapon for my personal safety. I am not a troublemaker or convicted felon. Anyone with suggestions???? I'm pretty bummed out!!!
 

·
Registered
Joined
·
3,051 Posts
Contact the agency that issued the NA. When you find out what their reasoning was, contact a 2A attorney and let him/her review your case. Most will do an initial review at no charge. It may cost you a bit, but ...
 

·
Registered
Joined
·
36,326 Posts
Does your state consider a LTOD grounds for refusal? Are you sure that's the reason for the denial?

I've had a few instances of the NICS check coming up with delayed approval, though never a denial.

If you can't get a clear answer through inquiries with your state's authorization body, it might be worth having a brief chat with an attorney who's competent and knowledgeable in firearms- and self-defense related law. If the 2006 incident is what they're citing, there might not be much you can do about that, short of "lawering up" to work with a judge to "correct" things.
 

·
Registered
Joined
·
11,157 Posts
AWOL in 06??? I am not 100% sure, but that would be my guess as to why you were turned down. As far as getting out of that, I would contact a attorney to see what your options are.
 
  • Like
Reactions: onacoma

·
Super Moderator
Joined
·
50,611 Posts
Definitely use an attorney...it will be worth a few C-Notes to get this fixed quickly.
Your ability at SD is at stake here...:yup:
 

·
Registered
Joined
·
3,508 Posts
Most always going AWOL is not considered a civilian offense and first is handled by a Capitans mass following the rules set forth by the UMCJ. The big thing was not giving your SS# it happened to me in 1998 when I was a federal. giving SS# just makes them look at all possibles. Go ahead and talk with Atty I was just relating what happened to me but there is such a big thing with vets right now it would not hurt to check with Atty with gun law knowledge
 

·
Registered
Joined
·
36,326 Posts
Go to a different store and try buying with your social this time?
That's certainly a good, simple first step. Much cheaper than lawyering up.
 

·
Registered
Joined
·
4,248 Posts
Did you elect NJP are request a Courts Martial?
 

·
Registered
Joined
·
907 Posts
I went AWOL in 2006 but only received an other than honorable discharge
=================================================================
It could be the discharge.
 
  • Like
Reactions: NH_Esau

·
Registered
Joined
·
1,406 Posts
The only thing that may be affecting this is a.) received an other than honorable discharge. I'm pretty bummed out!!!
It is funny how our past jumps up and bites us! I would say the item in BOLD in the quote above is your problem!
 

·
Registered
Joined
·
6,971 Posts
...instead of going to another store and trying again, which will be noted in the NICS system as "trying something", use the number provided to you by the dealer, request the specific reason you were denied from NICS office...THEN you'll know if you need a lawyer or if the SSAN had anything to do with it...some have been turned down by accident, some for other reasons easily fixable...the appeals system is there so that you might not have to pay a lawyer...


...or, if you have plenty of money, you can hire an attorney to do the above for you...
 

·
Registered
Joined
·
15,177 Posts
On the 4473 question "G" asks
Have you ever been discharged from the Armed Forces under less than Honorable conditions
If you answer yes that would be a denial for gun ownership
 
  • Like
Reactions: Hopyard

·
Registered
Joined
·
959 Posts
I missed that, I read it as "I received an honorable discharge". "other than honorable" that's your reason right there. Get a lawyer.
 

·
Registered
Joined
·
6,971 Posts
...it does not say that...read it again...neither did the Aug 2008 version previous to the 2012 version say that...

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
On the 4473 question "G" asks If you answer yes that would be a denial for gun ownership
...FIRST, she should find out from the NICS appeals section WHY they turned her down(which costs her nothing)...right now, we're only guessing...THEN she may need a lawyer...
 

·
Registered
Joined
·
1,137 Posts
I would imagine that not using your social security number threw up some red flags.
 

·
Registered
Joined
·
6,971 Posts
...maybe...the form says "Optional, but will help prevent misidentification..."

...I've had customers who left it out...and not a hitch...
 

·
Registered
Joined
·
588 Posts
I would imagine that not using your social security number threw up some red flags.
Not really. I never provide mine & it hasn't been a problem.
 

·
Registered
Joined
·
43,057 Posts
The federal law on prohibiting possession of firearms states:
Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/transporting, or receiving any firearm or ammunition:
(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the
United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable
conditions
;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person
participated, which order restrains the person from harassing, stalking, or threatening
an intimate partner or partner’s child, and which order includes a finding that the
person is a credible threat to such partner or partner’s child, or by its terms prohibits
the use, attempted use or threatened use of such force against such partner or
partner’s child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.

If your discharge is not "dishonorable" it should make no difference. A SSAN is not required, but lack of one can slow processing. I have never given my SSAN and it has not been an issue. You need to find the reason for denial and go from there.
 
  • Like
Reactions: Snub44

·
Premium Member
Joined
·
13,164 Posts
...it does not say that...read it again...neither did the Aug 2008 version previous to the 2012 version say that...

http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

...FIRST, she should find out from the NICS appeals section WHY they turned her down(which costs her nothing)...right now, we're only guessing...THEN she may need a lawyer...
Good catch. Form specifies "dishonorable discharge."

However-- if one looks at this:

" Other Than Honorable Conditions Discharge

The most severe type of military administrative discharge is the Other Than Honorable Conditions. Some examples of actions that could lead to an Other Than Honorable Discharge include security violations, use of violence, conviction by a civilian court with a sentence including prison time, or being found guilty of adultery in a divorce hearing (this list is not a definitive list; these are only examples). In most cases, veterans who receive an Other Than Honorable Discharge cannot re-enlist in the Armed Forces or reserves, except under very rare circumstances. Veteran’s benefits are not usually available to those discharged through this type of discharge..." there are quite a few things that could result in such a discharge
that would preclude getting a license.
 
1 - 20 of 21 Posts
Top