Denied by NICS(New Hampshire)

[appraiser]

Well IIRC it was a recent decision in the 5th Circuit, post Bruen that someone in your position IS allowed to exercise 2A rights, but you know that is being appealed and will take forever to make it to SCOTUS they may choose not to act upon it or rule against someone who is screwed by Lautenburg.

The case is United States v Rahimi

https://www.ca5.uscourts.gov/opinions/pub/21/21-11001-CR2.pdf

You are not the first guy this has happened to, nor will you be the last.

 

[M1911]

Well IIRC it was a recent decision in the 5th Circuit, post Bruen that someone in your position IS allowed to exercise 2A rights, but you know that is being appealed and will take forever to make it to SCOTUS they may choose not to act upon it or rule against someone who is screwed by Lautenburg.

The case is United States v Rahimi

https://www.ca5.uscourts.gov/opinions/pub/21/21-11001-CR2.pdf

You are not the first guy this has happened to, nor will you be the last.

Just to be clear, a 5th Circuit decision isn't binding here. (I know you know that, just trying to make sure that others don't get confused.)

 

[pastera]

Probably, considering there's a massive difference between 631:2, 631:2-A, and 631:2-B. 3 completely different charges.

You know that
I know that because I went looking for a simple reason for a refusal.
The dude who will never see a single negative effect from his errors doesn't care enough to look further than first glance.
And NH's structure of these regulations is a Cluster Fck

 

[appraiser]

Correct, the decision in the 5th is not law in MA or NH (1st circuit) but post Bruen, there are going to be conflicting decisions and that will force a higher court ( SCOTUS) to come up with a decision that sorts it all out one way or another.

I'm not holding out a lot of hope, Rahimi like the guy in Maine who was the focus of the last (failed) challenge to Lautenberg is not a sympathetic plaintiff. and certainly not the one I would use to try to get relief for people who got jammed up years and years ago and have lead model lives since.

For those unfamiliar with the Maine case : https://www.cnn.com/2016/06/27/politics/gun-ownership-supreme-court-voisine/index.html

 

[Parker Schreiber]

Well IIRC it was a recent decision in the 5th Circuit, post Bruen that someone in your position IS allowed to exercise 2A rights, but you know that is being appealed and will take forever to make it to SCOTUS they may choose not to act upon it or rule against someone who is screwed by Lautenburg.

The case is United States v Rahimi

There's a critical difference, which is highlighted in the concurrence in that case. Rahimi was not convicted of any crime -- he was under a civil protection order. That decision specifically addresses 18 U.S.C. §922 (g) (8) -- when the applicant is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.

I'm going to be blunt. You're not going to find the help you are looking for here or any online forum. File an appeal with NICS, as you have to exhaust your administrative remedies before you can get a hearing in court.

https://ucr.fbi.gov/nics/appeals/nics-guide-for-appealing

Unless you fully understand the "provisions for appeal" referenced in that document, hire a lawyer. If you do proceed without a lawyer and lose again, hire a lawyer. Give them the full details, including all of the paper work from charge to conviction through the denial. Don't try to sugar coat or "spin" the facts to them. NH law may well have changed since 2007, and part of the lawyer's job is to research such changes and see how they impact your case.

 

[xtry51]

@Nicktbeadg

This is going to be a relevant case as it evolves.


View: https://youtu.be/RTBDcIDBSWo

 

[appraiser]

read some background here

Range v. Lombardo, 557 F. Supp. 3d 609 | Casetext Search + Citator

Read Range v. Lombardo, 557 F. Supp. 3d 609, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

Mr. Range pled guilty, in August 1995, to one count of making a false statement to obtain food stamps assistance, in violation of 62 Pa. C.S. § 481(a). At that time, Mr. Range mowed lawns for a living, earning between $9 and $9.50 an hour, or approximately $300 per week. He and his wife struggled to make ends meet caring for their three children—a three-year-old and twin two-year-olds. Mrs. Range prepared an application for food stamps, which she and Mr. Range both signed. The application omitted Mr. Range's income. Mr. Range alleges that he did not review the application, but accepted responsibility for it and acknowledged that it was wrong to not fully disclose his income. Mr. Range was sentenced to three years’ probation, which he satisfactorily completed, $2,458 in restitution, $288.29 in costs, and a $100 fine. He served no time in jail. But as will become relevant later, Mrs. Range—who allegedly prepared the application and also signed it—was not charged with a crime.


Violations of 62 Pa. C.S. § 481(a) were at the time classified as first-degree misdemeanors, punishable by up to five years’ imprisonment. Mr. Range alleges that when he pled guilty, neither the prosecution nor the judge informed him of the maximum potential sentence, or of the fact that by pleading guilty, he thereafter would be barred from possessing firearms.

 

[rogersmithiii]

Fyi.

Third Circuit Holds That at Least Some Felons Retain Second Amendment Rights

Today's en banc decision in Range v. Attorney General so concludes, in a majority opinion by Judge Hardiman, which got the votes...

reason.com

 

[Nicktbeadg]

Just wanted to update this post to announce that I was able to successful get my entire criminal record annulled on my own. I'm not sure what these means for future purchases, there's a $100 fee to the Division of State Police where they send the annulment to the FBI to have it removed from their records. Again, not sure what that will mean for future purchases or even just possessing a firearm. But, it's a huge win for me anyways.

 

[Mountain]

Just wanted to update this post to announce that I was able to successful get my entire criminal record annulled on my own. I'm not sure what these means for future purchases, there's a $100 fee to the Division of State Police where they send the annulment to the FBI to have it removed from their records. Again, not sure what that will mean for future purchases or even just possessing a firearm. But, it's a huge win for me anyways.

Awesome, congrats! Hopefully your NICS clearance will be GTG in the near future so you can join all the nonsense in firearms discussions here.

 

[Matt_SERE]

Just wanted to update this post to announce that I was able to successful get my entire criminal record annulled on my own. I'm not sure what these means for future purchases, there's a $100 fee to the Division of State Police where they send the annulment to the FBI to have it removed from their records. Again, not sure what that will mean for future purchases or even just possessing a firearm. But, it's a huge win for me anyways.

Did they recommend or discuss a UPIN? Nice job. Good luck.

 

[Nicktbeadg]

Did they recommend or discuss a UPIN? Nice job. Good luck.

They did not. Isn't that just for preventing delays or denials caused by a Identity verification mix-up?

 

[Palladin]

Just wanted to update this post to announce that I was able to successful get my entire criminal record annulled on my own. I'm not sure what these means for future purchases, there's a $100 fee to the Division of State Police where they send the annulment to the FBI to have it removed from their records. Again, not sure what that will mean for future purchases or even just possessing a firearm. But, it's a huge win for me anyways.

Excellent !!!!

 

[Matt_SERE]

They did not. Isn't that just for preventing delays or denials caused by a Identity verification mix-up?

Yes. I have heard that lazy agents will see a case like yours and not want to spend the time looking into 'lists' so he delays you. I don't know enough about it and that is why I was wondering if they mentioned it. Back in the late 90s someone with a very similar name, same middle initial but different name, who had a new record. I almost ended up with a UPIN.

Again, congratulations.

 

[ThePreBanMan]

The important question that needs to be answered is whether you are a federally prohibited person or not. That status would govern not just a background check but ownership and possession as well.

Edited to add: To be clear, if you are a federally prohibited person, then you can't purchase or possess firearms or ammunition. A violation is punishable by up to 10 years in federal prison. That's why you need to clarify this immediately.

/thread

 

[ThePreBanMan]

Just wanted to update this post to announce that I was able to successful get my entire criminal record annulled on my own. I'm not sure what these means for future purchases, there's a $100 fee to the Division of State Police where they send the annulment to the FBI to have it removed from their records. Again, not sure what that will mean for future purchases or even just possessing a firearm. But, it's a huge win for me anyways.

Sadly I think you have some more work to do. I have some personal experience with this unfortunately. My identity was stolen by someone who presented themselves as me at the time of their arrest. It was one of my sister's ex-boyfriends. The New Bedford police, took him at his word when he said he was me, and presented no identification. He was caught in a stolen car running from police. My sis knows how to pick em...

Long story short, after a lot of time in court all of the charges were removed from my record and placed on the actual perpetrators. My record was entirely cleared. I've never had involvement with law enforcement in my life other than basic traffic citations which were always promptly paid on time.

Even with that, I was still denied. It seems that once you're denied once, they deny you forever until you appeal the denial and have it reversed. So that was yet more paperwork I had to do. Copies of police reports, fingerprints, a lot of stuff being sent into the ATF and FBI. A bit of money spent on a lawyer to button it all up in a neat package. Even after that, I still got denied. Now the FBI had my name associated with myself but also the person who used it as an alias resulting in an automatic denial. So I had to appeal it again, all the same aforementioned paperwork going in, but then also had to enroll in the voluntary appeal file so I got a pin from them.

Now when I go to purchase, I always get delayed even with the PIN. But eventually after a day or two it comes back as a proceed.

 

[Malodave]

I added the 2A Lawyers Name and contact info to the 3 references when I reapplied
after getting denied the first go round. I still have to answer Yes to being denied and
include an explanation for it on any renewals.

Malodave