My Friend's (rounda)bout with NICS

[jefnvk]

The problem here, is that your buddy got arrested. Then, someone screwed up data entry. NICS is not the problem. NICS did exactly what it was supposed to do, which was to deny a purchase on what was the correct file indicating a drug felon, who is a prohibited person.

The problem is a) you were arrested at one point, b) someone mistyped some information, c) no one is funded or staffed to fix mistakes and d) no one is goign to take the word of someone who comes up as a drug felon that they are innocent.

And I really don't know how much I would go around bragging that you went and bought a bunch of guns FTF after being denied a NICS check. People aren't going to look at that as 'oh, it doesn't work, scrap it'. They are going to say 'oh, that doesn't work, subject FTF transactions to NICS'.

 

[fireflyfather]

Um, maybe I missed it, but where does it say that the OP's friend was arrested for drugs? In fact, all I see is an arrest, no description of the charge at all. With a $33 fine(even in the 70's/80's, sounds to me like something relatively minor. Public drunkeness, vagrancy, speeding, trespassing(political protest, anyone?), etc. Hell, even some arguably moral and patriotic actions are arrestable in certain circumstances. Why the rush to judge?

 

[standerson]

Your friend didn't realize he had a felony drug conviction on his record for 24 years?
Seems like somewhere along the line, this mistake would have come out

Glad he got the problem fixed.

 

[Soybomb]

I hope everyone that has said they like background check laws in related threads in the past few months gets to read this.

 

[RPCVYemen]

Folks, this is not justice. What part of “shall not be infringed” was followed in the taking my rights?

You won't want to hear this, but I don't think that your case - a clerical error - errors is really an infringement case. There is no constitutional requirement that the government be error free.

We live in a society that that is ruled by laws administered by men, which mean that there are errors.

I general, I suspect that clerical errors - unless there is a pervasive pattern that one group of people are being targeted on racial/religious grounds - do not "infringe" rights.

Note that this is a separate issue from the constitutionality of the NICS itself. I don't know if that has been tested - I suspect that it is constitutional in the same way that keeping lists of voters is constitutional. If your name is not on the voter roll, you may had to show ID, or cast a provisional ballot.

It does sound like it was a long and frustrating experience.

Mike

 

[strat81]

Then again, if he hadn't done dope, misdemeanor or felony, all this would never have happened. If he hadn't made the first mistake, it wouldn't have been there to be compounded by bureaucrats.

I had no idea I was in such good company, Mr. Perfect.

 

[DJAteOhAte]

I posted your friend's story over on GeorgiaPacking.Org

http://www.georgiapacking.org/forum/viewtopic.php?t=6819

 

[308win]

Sounds like a perfect class action suit. Since Georgia has language that allows itself to be sued in this instance.

 

[TonyStarks]

I don't understand how your friend can go about life for 24 years without knowing this was on his record....did he ever vote? How about jury duty? I'm glad he got this fixed but maybe if he was exercising his rights by going out and registering to vote and voting, it could have been caught......

count me in on the 65% who support NICS. I dont think NICS had anything to do with your friends denial and they did the job they were hired to do by denying a felon from buying a gun. Right or Wrong the system said he was a felon...i understand your point that even an idiot could see there was a mistake, but NICS or FBI is not able to just make that call and say "oh, this must be a mistake" and approve your friends purchase, they have procedures which they must follow as you know.

I support NICS because they restrict felons from purchasing firearms. if you are against NICS, what kind of system would you like to see in place to restrict felons from buying guns?

$0.02

 

[Grizzly Adams]

Sounds like your friend has to take some of the blame (prior conviction), as well as the clerk who erroneously entered the drug conviction code. The rudeness of the civilless servents I can not abide and is not justified nor is the lack of response from the agencies.

 

[TallPine]

if you are against NICS, what kind of system would you like to see in place to restrict felons from buying guns?

The "system" that we had before 1968

(actually, 1934 - but that's another story)

 

[Soybomb]

I support NICS because they restrict felons from purchasing firearms. if you are against NICS, what kind of system would you like to see in place to restrict felons from buying guns?

Legally it restricts them from purchasing firearms, it doesn't keep them from buying firearms. If the felon in question isn't yet reformed and is going to return to crime, he'll just break the law and get a gun illegally. If he's reformed and will now follow the law, shouldn't he be able to own a gun to defend himself and his family? Ultimately no matter how super double dog illegal you make it, if he wants to use a gun in a crime, getting the gun is going to be the most minor offense of his day. So if nics doesn't keep guns out of bad guys hands and causes problems like this, why would you support it?