I had a question that I thought some of you might be able to answer. I sent a friend to Four Seasons and he picked out a Glock 22. They did all the paperwork and when they called it in he was denied. They gave him a number to call and all they did was ask if he was ever convicted of a felony. He did have an OUI four years ago, but he just renewed his permit about six month ago with no problem. Do you think the reason he was denied was because of the OUI? I told him to call them back and ask them specifically why it happend.
-
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
Denied
- Thread starter nifty
- Start date
- Joined
- Feb 26, 2005
- Messages
- 56,826
- Likes
- 20,620
It is very likely that the OUI conviction tripped the denial.
I don't know the "magic date" but there is a date (of the offense) which trips over from not-disqualified to a banned-for-life violation.
I don't know the "magic date" but there is a date (of the offense) which trips over from not-disqualified to a banned-for-life violation.
nifty said:
Did he admit to the OUI on his App? I'm not sure if the same checks are carried out before a renewal, or if they just do a cursory check then re-issue. If it's the latter, then it may just have been slow catching up with him. Regardless, I would think he'd get a letter ordering him to turn in his permit.
It may be something entirely unrelated. I guess the best advice I could offer is have him call the number they told him to call.
- Joined
- Feb 26, 2005
- Messages
- 56,826
- Likes
- 20,620
nifty said:
They are supposed to do a thorough check on renewals and he shouldn't have received his LTC at all. The system isn't perfect and some things can slip by, at least for a finite amount of time.
That's gotta hurt. I'd cry.
There is more than a cursory check for renewals as far as fingerprints go. I ran the renewal prints exactly the same way that I did the first time applicants and if any "hits" came up, a letter was sent to the department issuing the license with the information regarding the hit. Then it was up to the local department to take whatever action was necessary.
Until recent times, there was no statutory requirement to fingerprint an individual when they were arrested, so a person's prints could go through the system and there would be no record. The licensing agency is also supposed to run a BOP (Bureau of Parole) check on the applicant and all arrests should show up there, but they don't always do. Record keeping in our great Commonwealth is at best an inexact science, and that is being kind.
I really hate to speculate what happened here. It may be that the individual was good to go with regard to his OUI since it was before the cut-off date ane then things got fouled up in Chelsea record-wise, or if it was after the cut-off date in '94 there could have been a screw-up there. What that person needs to do right now is think about how he answered the question regarding his conviction on his application.
Your friend, needs to obtain the services of an attorney, in my opinion, and try to get this issue resolved as it is not going away and now that he is on the radar screen, so to speak, there is greater awareness of his situation by the people in charge which is not necessarily a good thing.
Regards,
Mark
Until recent times, there was no statutory requirement to fingerprint an individual when they were arrested, so a person's prints could go through the system and there would be no record. The licensing agency is also supposed to run a BOP (Bureau of Parole) check on the applicant and all arrests should show up there, but they don't always do. Record keeping in our great Commonwealth is at best an inexact science, and that is being kind.
I really hate to speculate what happened here. It may be that the individual was good to go with regard to his OUI since it was before the cut-off date ane then things got fouled up in Chelsea record-wise, or if it was after the cut-off date in '94 there could have been a screw-up there. What that person needs to do right now is think about how he answered the question regarding his conviction on his application.
Your friend, needs to obtain the services of an attorney, in my opinion, and try to get this issue resolved as it is not going away and now that he is on the radar screen, so to speak, there is greater awareness of his situation by the people in charge which is not necessarily a good thing.
Regards,
Mark
OK, a Massachusetts OUI 4 years ago would trigger the lifetime disqualification, since the maximum possible sentence is more than 2-1/2 years. OTOH, since the state renewed his LTC, doesn't that mean that they have explicitly and completely restored his firearm rights? Getting an FID, which non-violent felons can get after 5 years doesn't work, since it's only a partial restoration, but a Class A LTC would seem to be the whole 9 yards. As a result, there shouldn't be a federal disqualification. If it were me, I'd sure as hell be paying Jesse whatever it took to argue that,
Ken
Ken
Ya gotta remember one thing about the NICS check - it's subjective on the part of the person taking the info.
Case in point: A friend of ours got in to trouble during his youth. He received a full pardon a number of years later (which is still numerous years ago). He's had a gun license for years and has purchased a number (and I mean number) of firearms. When they do the check, his information shows up. He's never had a problem until a couple years ago. During one phone call, the person taking the info decided not to notice the pardon....which cause all sorts of problems, but I won't get in to those now...however, he's purchased firearms since then and hasn't had any problems. There were a couple calls where it was put on hold, but after 3 days, the sale was able to proceed.
It could well be that the OUI showed up, but the individual taking the information didn't pay attention to the date, or didn't know the cut off date. FWIW...
Case in point: A friend of ours got in to trouble during his youth. He received a full pardon a number of years later (which is still numerous years ago). He's had a gun license for years and has purchased a number (and I mean number) of firearms. When they do the check, his information shows up. He's never had a problem until a couple years ago. During one phone call, the person taking the info decided not to notice the pardon....which cause all sorts of problems, but I won't get in to those now...however, he's purchased firearms since then and hasn't had any problems. There were a couple calls where it was put on hold, but after 3 days, the sale was able to proceed.
It could well be that the OUI showed up, but the individual taking the information didn't pay attention to the date, or didn't know the cut off date. FWIW...
I've bought four handguns on three occasions at Collectors Guns, without any problems on the NICS check. A couple weeks ago when I bought my Model 27 at the gun show there was a problem. WTF? I have no idea what the problem was (I have a squeaky clean record dating back 20 years), but it was resolved during the second call the seller made.
Marcus in the Darkus said:
Marcus - what it delayed or denied? If delay - it could be that someone who's a not so nice guy has a SS# that's one off from yours, or, same name as yours, but different middle initial. Sometimes the people on the other end of the phone will lean towards caution rather than approving it. No, it's not right, but, there ya go.
Chris
NES Member
- Joined
- May 24, 2005
- Messages
- 13,658
- Likes
- 8,757
My understanding is that MA doesn't do the same check that NICS does for the fact that if they did, we would no need a NICS on every purchase because it is done for the license.
It could be that one of the checks that NICS does found some data the license app didn't find.
But then again, you gotta love processes that have no appeal.
Up until fairly recently, all my NICS came back delayed and I'd just wander the gun shop for another 30 minutes for the call back. Absolutely NO idea what caused the delay. Didn't matter if I gave a SS# or not. Suddenly, about two years ago I stopped getting delayed and never seen one since.
It could be that one of the checks that NICS does found some data the license app didn't find.
But then again, you gotta love processes that have no appeal.
Up until fairly recently, all my NICS came back delayed and I'd just wander the gun shop for another 30 minutes for the call back. Absolutely NO idea what caused the delay. Didn't matter if I gave a SS# or not. Suddenly, about two years ago I stopped getting delayed and never seen one since.
"But then again, you gotta love processes that have no appeal."
NOT true! Any NICS appeal CAN be denied; IF:
1. YOU act w/i 10 days; and
2. Can wait an indeterminate period of time for NICS to deign to act.
So, YOU have 10 days to appeal; NICS has no such obligation......
NOT true! Any NICS appeal CAN be denied; IF:
1. YOU act w/i 10 days; and
2. Can wait an indeterminate period of time for NICS to deign to act.
So, YOU have 10 days to appeal; NICS has no such obligation......
When VT did their own checks, I ALWAYS got Delayed 1 day, since I am in the NCIC Computer. In fact I'm in several ways, all good, Military, Security Clearance, Ex-FFL Dealer.
I suggest the individual try to get his rights restored. There is a process, and it starts with a visit to an attorney. This is one time when you should consider the attorney MANDATORY, if you want to suceed.
I suggest the individual try to get his rights restored. There is a process, and it starts with a visit to an attorney. This is one time when you should consider the attorney MANDATORY, if you want to suceed.
Similar threads
