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Discussion Starter #1
So I went to a local gun shop and purchased a P11. My background check came back 'delayed' (for some reason).. Today I was informed that it was denied. They would not share the details with me. They were rather short with me (the shop) and gave me a pamphlet to read/follow to appeal this decision.

I have begun the appeal process and intend to follow it through, however, I do have a question.

I'm in Indiana and wonder if I am still legally able to possess a handgun (I already have a P3A-T) .. If I take it to the range to shoot it (legally transporting it according to indiana law, cased, unloaded, separate from the ammo) am I still allowed to do that ? Too many questions and the guy at the gun shop had no answers for me.

I have never been convicted of a felony, do not have a restraining order against me for any reason, never been considered 'mentally ill' (or whatever).. not addicted to any illegal drugs etc..

Any ideas or insight ?

Thanks for the input.
 

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It may well be a case of mistaken identity by NICS. Does happen from time to time. Or it could be a case of stolen identity, where your social security number, etc has been mis-used by someone. By all means, pursue this through appeal to find out why the denial, and correct it if there is no legal reason why you should not be able to purchase a firearm.

Jim R
 

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Discussion Starter #3
It may well be a case of mistaken identity by NICS. Does happen from time to time. Or it could be a case of stolen identity, where your social security number, etc has been mis-used by someone. By all means, pursue this through appeal to find out why the denial, and correct it if there is no legal reason why you should not be able to purchase a firearm.

Jim R
This would alleviate the purchasing (from a retail shop or FFL) but how about the legality of owning/possessing one ? (or in-state private party sale) ?

Just curious.

Sorry about posting something off topic for this section.
 

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At first I'd have to agree with PF as a mistaken identity thing. As far as I know, to alleviate purchase, would be to have CCW in hand. Only you know what's going on at this point and this really isn't a legal advice column. Check into the identity theft route, it could go deeper if it has happened to you. Bottom line would be, if you're not sure of your status don't do anything until you are.
 

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This would alleviate the purchasing (from a retail shop or FFL) but how about the legality of owning/possessing one ? (or in-state private party sale) ?

Just curious.

Sorry about posting something off topic for this section.
I don't think a NICS denial affects your already owned firearms or ability to possess/use, but that is a question best addressed to a legal authority in your state. I would try to contact a lawyer versed in firearms laws, both federal and state, and get a valid legal opinion if you are concerned.

Jim R
 

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Discussion Starter #6
I don't think a NICS denial affects your already owned firearms or ability to possess/use, but that is a question best addressed to a legal authority in your state. I would try to contact a lawyer versed in firearms laws, both federal and state, and get a valid legal opinion if you are concerned.

Jim R
I am following up on the appeal process to determine the reason for the denial (need to start there first obviously).. I was curious about firearms that I already possess (or might possess from private transfer) and wondering if anyone had insight into this (while I wait for the decision on the appeal)

Thanks for the help though. it is much appreciated.
 

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Negative knowledge Ghostrider!!! Moving to the Counter. You will likely get more response from there.

;)
 

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My Grand daughter was rejected by the Red Cross because of the brain sergury she had. 'Cept she never had any. Didn't stop us from ribbing her though, did it? These things happen. Some one in Canada made a copy of my visa card and started buying stuff. It happens. Find out what happened, and fix it. Please let us know how it turned out.
Something from my car-sales days. A customer came in with damaged credit. They had done nothing wrong, but had a credit card with a zero balance. Sounds like a good thing, except that if you have no balance, they send you no statment. You don't know when the bad guys find your account, send in a change of address form, make small purchases AND PAY THEM OFF to reistablish history, then buy something big and stick you with the bill. Sucks, but it happens.
A brave new world.
Lop
 

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Discussion Starter #10
My Grand daughter was rejected by the Red Cross because of the brain sergury she had. 'Cept she never had any. Didn't stop us from ribbing her though, did it? These things happen. Some one in Canada made a copy of my visa card and started buying stuff. It happens. Find out what happened, and fix it. Please let us know how it turned out.
Something from my car-sales days. A customer came in with damaged credit. They had done nothing wrong, but had a credit card with a zero balance. Sounds like a good thing, except that if you have no balance, they send you no statment. You don't know when the bad guys find your account, send in a change of address form, make small purchases AND PAY THEM OFF to reistablish history, then buy something big and stick you with the bill. Sucks, but it happens.
A brave new world.
Lop
I'll post back in a few days when I get response back from the NICS
 

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Some times it's just a matter of accidentally checking the wrong box.
 

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I had a friend get denied because he got a ticket. Forgot about it. Didn't pay the fine or go to court which lead to a bench warrant unbeknownst to him. Took him quite awhile to straighten that out.
 

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I always have to wait longer than most people buying a gun because of my past history.
It seems that they have a red X next to my name and have to go look it up in a book that's downstairs and across the hall or in another building.
Restoration of civil rights is the reason I'm delayed.
Also because of being a feuding Hatfield might delay it some...
 

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Discussion Starter #17
If you suspect identity theft, you should also check your credit report for fraudulent activity.
I have credit monitoring (requirement for the rent w/ option to purchase agreement that I'm in).. no identity theft, however, possibility of mistaken identity.. or. .. who knows. I have begun the appeal process and have to wait the 5 days for them to respond.. they might even require me to send fingerprints too (said so on their website)..

Waiting game I suppose.
 

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Discussion Starter #18
Update:

I got my letter from the FBI today (was a bit alarming to see "U.S. Department of Justice - Federal Bureau of Investigation" on an envelope LOL)...

The letter states that an applicant w/ my name and/or similar descriptive factors basically fits into the category of:

"A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years."

They sent me fingerprint cards that I have to go get all inked up and send back. (I'll do this in a day or two)

I remember being arrested 17 yrs ago (approx.) and convicted of a Class A misdemeanor (carries a punishment of 1yr in Indiana).. this shouldn't bar me from a handgun purchase. The thing is, I paid for a 'limited background check' from the Indiana State Police website (to see what was on my record from way back then) and it shows the initial charge was a "D felony" with disposition of "Guilty" and sentence "1YR - Suspended"... NOW I need to find my attorney from back then and figure out how the hell my criminal record got screwed up. (I think this is gonna be a drawn out process and might end up costing me money)...

Any other suggestions for challenging or correcting criminal records ??

The attorney that I used is still practicing and I intend on contacting him tomorrow.. Does Indiana have an appeal process if one is denied a CCW license ?

Part of me thinks I might be better off just getting my CCW license (which exempts me from NICS background check when purchasing) but I'm wondering if 'any or all' felonies will prohibit me from getting a CCW permit.. regardless how long ago they are ?

This is gonna be a pain in the but-tocks :/
 

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In Indiana, a Class D Felony carries a sentence of 6 months to 3 years. If your record in Indiana shows a Class D conviction, then you would automatically be denied a firearms purchase in accordance with question 11C of the Form 4473 unfortunately
as the question is stated as:


"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?
(See Instructions for Question II.c.)"

It would appear that you need to get Indiana records corrected if they list such a conviction in error. since that is a disqualifying conviction under federal law and that is what a NICS check will go by, as well as any follow up review.

Jim R



 

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Discussion Starter #20
In Indiana, a Class D Felony carries a sentence of 6 months to 3 years. If your record in Indiana shows a Class D conviction, then you would automatically be denied a firearms purchase in accordance with question 11C of the Form 4473 unfortunately
as the question is stated as:

"Have you ever been convicted in any coun of a felon}', 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?​
(See Instructions for Question II.c.)"

It would appear that you need to get Indiana records corrected if they list such a conviction in error. since that is a disqualifying conviction under federal law and that is what a NICS check will go by, as well as any follow up review.

Jim R


At the time I attempted to purchase the firearm, I was unaware of the D felony conviction, I thought it was an "A Misdemeanor" convition. Seems as though Getting my record corrected is going to be the course of action. Again, huge pain in the arse.. (Wonder if I need to send back the fingerprint card ?.. )

My journey begins tomorrow w/ contacting the attorney that handled my case 17 years ago :/
 
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