Need some help...denied purchases.

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... I have gone on to serve in the Army (required an FBI background check), work as a LEO (required an FBI background check), have had two concealed licenses (one of which is still current), and ...

I head to Vegas this past weekend, and when I arrive I turn on my cell phone to check in with my ride from the airport. There's a message from two different FFL's I have purchased guns from, saying that the FBI contacted them and they are refusing all of my purchases from last December until now. :steamed:

Not only has it been two month, now the guns are used, but I have never been convicted of a felony or domestic violence, and have never had a problem with my background checks in the past. ...never have I had a hitch buying a gun or getting a concealed permit. My local sheriff's office says it can't see why they would deny my purchases. Meanwhile, I'm frustrated, stressed, and am not sure If I should get an attorney on retainer. I can't imagine fighting with the FBI is going to be any fun. :sad:

What should I do? What should I expect? Attorney or not? Anyone been here? This totally ruined my weekend, I hope it doesn't ruin the rest of my life.
 
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Call the FBI right now. They do operate on the weekends, you know (holidays too!).


Ask them why they're denying you purchases. If they have no valid reason, they should be able to clear it up in short order.
 
My dealer said he's not asking me to retrun the guns...yet.

He checked with the sherrif, who told him I was legal to own (and carry). I need to go in tomorrow and pick up some numbers from my FFL, and then I can contact the FBI.

I just think it's crazy. With all of the FBI background checks I've had, all the guns I've bought, etc...to call up my FFL and deny purchases from December of last year is nuts....but it's government nuts, and I don't want to mess with them.
 
Yah, spin up a lawyer.

This "retroactive" denial is unheard of, AFAIK.

Incidentally, the FBI isn't in charge of this sort of thing, the ATF is. In general, the .gov has precisely 3 ways to know you've bought a gun:

1) NICS check. According to my inside guy, they actually do flush the NICS records every 24 hours, _except_ for transactions flagged as suspicious.

2) Yellow forms. These are on file @ the FFL. Again, the ATF might have a look at them, it's unlikely the FBI will.

3) State papers...states vary a lot in terms of who gets alerted to what. NJ, for example, runs an FBI check.

My guess is that your particulars match closely to some suspicious guy they're getting a closer look at, and as long as you're actually in the clear, it'll get sorted out in short order.

That's what the lawyer's for.
 
These sort of things can and do happen. Not sure on this but I have heard the ATF and FBI stating that a misdermeanor(?SP?) crime of violence that carries a punishment of one year or more in jail weather you recieved that sentence or not is a no go. I keep hearing this more and more lately.

Further:

http://www.fbi.gov/hq/cjisd/nics/ops_report2005/html/ops_report2005.htm#page12

Directly from the FBI's site:

Firearm Retrieval Referrals
When processing firearm background checks, if record-completing information (e.g., dispositions) is missing from a criminal history record and a final transaction decision of either proceed or deny cannot be determined and provided to the FFL within the Brady-mandated three-business-day time frame, it is the FFL’s option to legally transfer the firearm. In these instances, a firearm could be transferred to an individual who is later (e.g., after the subsequent receipt of disqualifying disposition information) determined to be a prohibited person. These types of scenarios are serious and require immediate attention by the NICS Section personnel and referrals to the ATF. The ATF determines if a firearm retrieval and/or a criminal investigation concerning the falsification of the ATF Firearm Transaction Form will be pursued.

In 2005, the NICS Section referred 3,771 such scenarios to the ATF for further review, evaluation, and possible retrieval of the firearm and/or investigation. Since the implementation of the NICS in November 1998, and through December 31, 2005, records indicate that over 26,600 such transactions9 have been referred to the ATF for follow-up investigation. These types of situations present ongoing public safety and law enforcement safety risks as, in many instances, the firearm must be retrieved. While tremendous strides have been made by local, state, and federal agencies in availing record-completing/clarifying information to the law enforcement community, it is apparent that more is needed.


Get a lawyer now!
 
ID theft? Not as far fetched as it might seem. Call and have a civil talk with them--I'm sure it's a clerical error.

Have you ever heard of someone who has never been to Chicago getting parking tickets in Chicago?---THAT convinced me long ago that BS mistakes happen. Take care.

-Mike
 
These types of scenarios are serious and require immediate attention by the NICS Section personnel and referrals to the ATF. The ATF determines if a firearm retrieval and/or a criminal investigation concerning the falsification of the ATF Firearm Transaction Form will be pursued.

Firearm retrieval?!?! Ahh!

I talked to an att. who will try to clear things up on the Colo. side. Meanwhile, I have to hope my door doesn't get kicked in by my ATF neighbor up here in Washington St.

I sure wish I wouldn't have screwed up so badly back then. :banghead:
 
Just FWIW, the National Instant Criminal Background Check System (NICS) is run by the FBI, not ATF.

Jim
 
...

Tomorrow's to do list:
* Go to FFL and pick up paperwork/numbers
* Contact ATF and start appeal process.
* Start process of sealing whatever I can of the stupidity that was my teenage life.

...
 
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http://www.fortlewis.edu/administrative_services/police_parking/crs/criminaltrespass.asp
18-4-502. First degree criminal trespass.


A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to steal anything of value or with intent to commit a crime therein. First degree criminal trespass is a class 5 felony.

Please refer to The People of the State of Colorado v Oscar French (Court of Appeals Number 03CA2477).
https://www.courts.state.co.us/coa/opinion/2005/2005q4/03CA2477.pdf
Similarly, a court’s acceptance of a guilty plea and granting of
a deferred sentence constitutes a conviction for purposes of the bail
bond statute. Hafelfinger v. Dist. Court, 674 P.2d 375, 378 (Colo.
1984). In Hafelfinger, the supreme court distinguished a guilty plea
from a mere admission or extrajudicial confession, in terms of its
purpose and effect: “Like a verdict of a jury, [a guilty plea] is
conclusive. . . . [T]he court has nothing to do but give judgment
and sentence.” Hafelfinger v. Dist. Court, supra, 674 P.2d at 377
(quoting Dickerson v. New Banner Inst., Inc., 460 U.S. 103, 113,
103 S.Ct. 986, 992, 74 L.Ed.2d 845 (1983)).
 
LfK: I would resist the tempation to post more about your situation and process any further questioning through your attorney.

Typically, legal advice gleaned from the pages of internet message boards is frequently worse than worthless: It can be wrong. You don't want to make this situation more complicated for you than it already is by getting your head filled up with info that could be false. I realize everyone is just trying to help, but this situation clearly demands the services of a qualified attorney.
 
Thank you.

I will heed that advice.

Thanks everyone for the input. It helped to be able to vent.

I will update this when it is resolved.
 
Not sure on this but I have heard the ATF and FBI stating that a misdermeanor(?SP?) crime of violence that carries a punishment of one year or more in jail weather you recieved that sentence or not is a no go. I keep hearing this more and more lately.

Due to the differentdefinitions states have for felony and misdemeanor Federal law defines a felony as any crime you can get more than a year in prison. Doesn't make a hoot if you did no time, if you could have gotten more than a year it's a felony.
 
Contact an attorney RIGHT NOW. You risk losing your gun rights and possibly your freedom over this. You should also delete your original post and all your other posts on this until it's settled.
 
I also had a deferred 1st degree trespass (a misdemeanor that can carry a longer sentence, and is an issue with the ATF). FWIW, I was at my grandfather's cabin, he didn't know, a neighbor called the police, and I was arrested. He didn't want to press any charges, but the DA stuck to his guns.

Another paper felony. No crime of violence committed, but another person is denied their rights FOREVER. So now how many think that felons need to lose their gun and voting rights FOREVER because they once made a stupid mistake? Man, that just burns me up thinking about it. How long before driving with radials on the front and bias-ply on the back becomes a felony? Wearing red while driving thru a school zone? Offending someone with poor table manners? Cussing your paperboy for mussing up your tulip bed? Pretty soon everybody who's done anything besides turn into a mushroom watching their TV will be a felon by the time they're out of high school. That seems to be the plan, anyway.
 
I've been through this!

I've been through this. In my case it was a teen age non-violent misdeanor that cost me a $25 fine at the time. How ever it turned up in the records as a different charge, a felony. I had to call up the courthouse back in my home state and they had to go up in the attic and dig through musty old records. (Thank God they hadn't tossed them!) Took about six weeks to get it all ironed out.

I've heard that the vast majority of denials are due to errors in the records. (You average crook not bothering with background checks anyway.)

The oddity in my case is that I had to get a security clearance. This problem did not turn up in the background check.

You don't automatically need legal advice, but don't be slow getting it if it starts to look that way. This kind of thing has the potential to cause a LOT of grief!
 
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