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Discussion Starter #1
Hello,
I am new to the process of purchasing a firearm. I was arrested for DUI and CHARGED with misdemeanor possession about 5 years ago. I plead not guilty to all charges. I ended up being convicted of reckless driving and the possession charge was dismissed. I do not have any other record aside from this. When I attempted to purchase a rifle a few weeks ago, I was told that NICS was backed up for weeks. I received notification a few days ago that my background came back as "unresolved". Has anybody had any experience with this? Would this alone bar me from purchasing and owning a gun? I am in Nevada. From my understanding, only a CONVICTION would bar me from this. Also, it is my understanding that after 3 days with no response through NICS, the FFL can allow the transfer at their discretion. Any thoughts on how I should proceed?
 

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Speak with a licensed attorney in your state. No one here can offer anything other than an uninformed opinion.
 

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Discussion Starter #3
I get that, I wasn't looking for legal council on the matter through a forum. I just thought maybe someone would have some more insight or experience with delayed or unresolved backgrounds.
 

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"Unresolved" generally means the charges are showing up on your record without the final resolution (acquitted, dropped, etc.). If that is your case, expect to possibly have to provide documentation showing the lowered/dropped charges.
 

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First, welcome to the forum! Great group of knowledgeable folks here, so I hope you stick around and glean as much expertise as possible from the members here. I've benefited greatly by perusing this forum for several years now.

Second, I can't assist at all with your questions since I haven't been in your situation, but I'm sure someone here has been through something similar. Hoping you get some feedback and that this all gets worked out in your favor!
 

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Anything that pops up in a background check has to be investigated. If it is from another jurisdiction, they may not investigate it. People in Oregon have had to go to another state and hire an attorney to clear issues. Normally you get approved, delayed, or denied as dispositions. Unresolved may be them currently not having time to investigate with the panic buying and massive numbers of background checks.

I would talk to the gun store and see if they have a phone number to call for status. Contacting a local attorney experienced in Second Amendment issues is your best bet if it isn't cleared soon.
 

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Not sure if it was this forum or another one, but one woman member had to fight the legal battles for over five years, practically non stop, to be able to buy a gun. It can be anywhere between making a couple phone calls and happening to get a cooperative and helpful person on the other end, to that difficult or worse.

In any case, it seems you might need to get written and notarized documentation that you were not convicted, and the details of the resolution of your case. With everything regarding records and NICS checks being totally backed up now, it is going to be much more difficult. Good luck in clearing your name and records.
 

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Not sure if it was this forum or another one, but one woman member had to fight the legal battles for over five years, practically non stop, to be able to buy a gun. It can be anywhere between making a couple phone calls and happening to get a cooperative and helpful person on the other end, to that difficult or worse.

In any case, it seems you might need to get written and notarized documentation that you were not convicted, and the details of the resolution of your case. With everything regarding records and NICS checks being totally backed up now, it is going to be much more difficult. Good luck in clearing your name and records.
Here is the thread you are referring to, it was a long tough battle but she finally won out.

https://www.defensivecarry.com/forum/second-amendment-gun-legislation-discussion/341882-my-rights-restoration-inva-wa-along-nics-vaf-story.html
 

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@Arborick I'm not an attorney, but I know a few things about the NICS system.

First, the NICS system will not contact you directly. They only respond to requests from FFL licensees.

Second "Unresolved" is not a standard response. To my knowledge the correct terminology is either "Proceed, Deny, Open, or Delayed". Delayed means they need more time to determine your status through research. Open means they are still looking and the other two are obvious. Here is a little guide from ATF:

https://www.atf.gov/file/61086/download

There have been reports that the NICS system is hopelessly behind since they had to process almost 4 million checks last month alone.

A couple of things will help us a lot: Your state, and what type of weapon, handgun or long gun, you were trying to buy. Some states add a state background check to the NICS federal check, hence the question. Knowing what state might also help us direct you to someone in your state who can help.

One suggestion that sometimes helps. I always asked people to put their Social Security number in the appropriate box on the 4473 form. A lot of times criminals records come back for someone other than yourself for a person who has either the same or a close name.

And I forgot...Welcome to the forum from the Texas Gulf Coast.
 

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"Unresolved" generally means the charges are showing up on your record without the final resolution (acquitted, dropped, etc.). If that is your case, expect to possibly have to provide documentation showing the lowered/dropped charges.
This or simply the system is busy and they don't have time to look in to it! DR
 

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Welcome and good luck. You may have to be persistent with the authorities where these events happened. A phone call with calm, gentle words might help speed it along.
 

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Discussion Starter #15
I currently reside in the same location where these events happened. I'm just waiting for a response from Carson City as to what the issue is. After some research, it seems there is something on my record that should've been expunged. I will update as I proceed and obtain more information.
 

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I currently reside in the same location where these events happened. I'm just waiting for a response from Carson City as to what the issue is. After some research, it seems there is something on my record that should've been expunged. I will update as I proceed and obtain more information.

Good luck! I hope things work out well for you.
 

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Welcome to the forum.
I hope you get it resolved.
Even though I have had quite a colorful youth, I did manage to keep my nose and my credit clean.
Sure glad I did.
Once you get past this hurdle, things will look up.
In the meantime we are here to help you with gun related stuff.
Legal stuff I would leave to the lawyers
 

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Discussion Starter #18
The FFL was where the term "unresolved" came from. I am in Nevada and was looking to purchase a long gun. I understand that the NICS system will not contact me. The FFL contacted me about 2 weeks after I initially submitted for the check and informed me that it was "unresolved" and that I would have to request the info through public safety department in Carson as I have done. I am supposed to receive a letter from them within 5 working days explaining the issue. The FFL did inform me that the NICS system was very backed up and that there may be issues. I've requested my criminal and arrest record through the Washoe County Sherriffs Dept. so I can show there was no conviction that would disqualify me. Once I receive the info from Carson, I will have a better idea of how to proceed and whether I will need to obtain legal council or not. Thanks again for the information.
 

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The problem is likely to involve incomplete reporting by one or more agencies involved in your old case. Like any other information system, NICS only "knows" what it has been given. If the prosecutor's office or the court clerk did not enter all details of the case disposition the only thing NICS "knows" is the fact that charges were filed (one of which involved a possession allegation which, although "decriminalized" in many states, and perhaps a misdemeanor not meriting a disqualifying jail sentence, remains a federal offense).

Do not count on law enforcement agencies, prosecutors' offices, or court clerks to do the right thing and correct the oversight. It will probably be your responsibility to go to the court, pay the file search and document copy fees, and obtain certified copies of the records of disposition in your case to clear up the matter.
 
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