Granted NH PRL but denied purchase

[DispositionMatrix]

If he's federally a prohibited person, he can't touch a firearm.

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If he is a federally prohibited person, he could be prosecuted for purchasing or possessing a firearm or ammunition. It is a felony punishable by up to 10 years in federal prison.

The federal offense of felon in possession of a firearm or ammo. (felon under the definition contained in the preamble to 18 USC 922(g))

I missed the "misdafelony" post. What I wasn't seeing was that he was verifiably prohibited. Thanks.

 

[M1911]

I missed the "misdafelony" post. What I wasn't seeing was that he was verifiably prohibited. Thanks.

We don't know that he is federally prohibited, just that it is a possibility and it might explain the NICS denial. He needs to research his convictions and check with a lawyer.

 

[noxin]

I missed the "misdafelony" post. What I wasn't seeing was that he was verifiably prohibited. Thanks.

A denial is a strong indicator that someone thinks you are federally prohibited from having firearms. It may be an error, but since I would much rather not go to federal prison, I would err on the WAY side of caution and behave like I was until otherwise informed.

 

[drgrant]

Happy fun ball thoughts... may not apply to the OPs case... but kind of chilling about the system...

In the 2014 NICS op report the feds said they overturned over 4400 denials that got appealed. While that's a small number of overall transactions that's not a statistically insignificant ****-up rate.

Mind you, these are just the people who were persistent and didn't give up. God only knows how many people said **** it and didn't bother getting a firearm out, there could possibly be hundreds or thousands
of more people wrongly denied by the stupid system.

-Mike

 

[drgrant]

If he's federally a prohibited person, he can't touch a firearm.

Well, kinda. I don't know if it's ever been tested as a legal defense for a felon to carry a firearm and ammunition that hasn't moved in interstate commerce at any time. Of course the feds bend commerce clause so much that they can usually easily bend jurisdiction.

-Mike

 

[knfmn]

On the topic of federal prohibition -

The federal law is clear, and the courts strict, on this issue. There have been cases of persons getting multi-year federal prison sentences just for renting a gun at a commercial range (not even attempting to buy the gun or take it from the range). The norm in federal cases is a no-parole sentence* using the federal sentencing guidelines, and unlike MA courts, the concept of "no real harm done, we'll give you a CWOF to preserve the ADAs track record and keep you out of stir" does not exist.

* - 15% off allowed if you are a good prisoner, which is probably why you read of may federal sentences that are an odd number on months but work out to something nice and even when you multiply by .85.

Here's a link to a couple of guys in MA who got charged for renting guns at the S&W range a few years ago. Link Do I agree with federal prohibition for felons? Absolutely not, but it's there, unfortunately.

Has the OP stated what his misdemeanor charges were in MA? At a guess, I would say OUI, which is a lifetime prohibitor in MA and just about impossible to get rid of, to the best of my knowledge.

 

[MAJoe]

Here's a link to a couple of guys in MA who got charged for renting guns at the S&W range a few years ago. Link Do I agree with federal prohibition for felons? Absolutely not, but it's there, unfortunately.

Has the OP stated what his misdemeanor charges were in MA? At a guess, I would say OUI, which is a lifetime prohibitor in MA and just about impossible to get rid of, to the best of my knowledge.

I believe it's a lifetime prohibitor anywhere in the US if it's 5/94 or later.

 

[knfmn]

I believe it's a lifetime prohibitor anywhere in the US if it's 5/94 or later.

I should have been clearer. I meant that anyone who gets convicted of an OUI in MA after 94 is federally prohibited, meaning they can't legally purchase or possess a gun anywhere.

 

[MAJoe]

I should have been clearer. I meant that anyone who gets convicted of an OUI in MA after 94 is federally prohibited, meaning they can't legally purchase or possess a gun anywhere.

No worries, and unfortunately spot on.

 

[Jared]

Why is New Hampshire a POC (Point of Contact State).

Most POC's are POC's because they have state prohibitions in addition to federal ones. New Hampshire has less prohibitions than the federal government so having the State Police be the POC for a NICS check is pointless and a waste of money.

 

[drgrant]

Why is New Hampshire a POC (Point of Contact State).

Most POC's are POC's because they have state prohibitions in addition to federal ones. New Hampshire has less prohibitions than the federal government so having the State Police be the POC for a NICS check is pointless and a waste of money.

NH got a state POC way back when, because they wanted citizens to be able to bypass the federally mandated brady wait period back in the day. (3 days?) . States that had a handgun POC could bypass the wait. That eventually went away. NH law was never changed to fix it back to the default.

-Mike

 

[Rob Boudrie]

At this point I'm pretty sure it was the two misdemeanor convictions that are MA misdafelonies. I know that I was convicted of the two misdemeanors but I've always heard it's felony convictions that get you (even from LEO friends). I just wasn't expecting the misdemeanors to cause issues after I was granted a PRL in NH.

To a regular schmoe like myself, I thought I went about it the proper and legal way.

This is why Comm2A has the "plea bargain worksheet". MA attorneys not well versed in firearms law have been known not to fully brief clients on the consequences of a misdafelony conviction.

 

[71montess]

This law should be high on Trumps list, the whole bunch that came in in 94 should be looked at !

 

[Kevin_NH]

Repeal the NH state police handgun purchase POC!

NH got a state POC way back when, because they wanted citizens to be able to bypass the federally mandated brady wait period back in the day. (3 days?) . States that had a handgun POC could bypass the wait. That eventually went away. NH law was never changed to fix it back to the default.

We need a bill for 2018 to enable the "[post=5406747]Brady Exemption[/post]" as an optional endorsement on our Resident Pistol / Revolver License, and to drop the state police POC b.s.

Alaska doesn't default to a NICS check for their 5-year concealed carry license, however there's a separate form you can fill out authorizing a NICS check when you apply; NICS comes back clean you get an extra notation on your carry license that says "NICS Exempt".

 

[tmar]

Ok . But don't they follow the same rules as the Feds ?

They are supposed to follow the Feds but they will use anything in your past to deny you the right to purchase the handgun. I ran into this situation and was denied a handgun purchase even
though I did not have any Fed or NH State prohibitors. I contacted NICS and was told the reason for the denial was a State prohibitor ( no such prohibitor existed in NH.)
I researched the NH RSA's and filed an appeal directly to NICS; didn't bother appealing to the NH State police. Twelve days after filing my appeal with NICS, I received my blue certificate
allowing me to possess and buy a handgun; true story didn't even need a lawyer. Moral of the story: If denied in NH appeal directly to NICS, as an appeal to the NH State Police is a waste of time.

 

[tgs679]

I should have been clearer. I meant that anyone who gets convicted of an OUI in MA after 94 is federally prohibited, meaning they can't legally purchase or possess a gun anywhere.

"Convicted" is the key term in the OUI situation. A CWOF to OUI is a different story.

 

[Rob Boudrie]

"Convicted" is the key term in the OUI situation. A CWOF to OUI is a different story.

True, but the charges are technically still pending while in the "C" portion of the CWOF.

 

[nstassel]

MA has no expungement [sic]. All we have in MA is a Petition to Seal and that does not block LE and does not allow you to answer NO on any question asking if you have a conviction. I know this well, yesterday my petition to seal a cwof was granted, they say it will take two week for it to work its way through the system (same reason, employment). Pretty simple process. There are forms on-line, about 6 weeks to get a hearing, an hour waiting in the courtroom, 5 minutes in front of the judge, and it's done YMMV

In 2018 expungement was expanded in several ways especially for juvenile offenses but also for crimes that are no longer criminal offenses.

 

[RJDN 04]

NH got a state POC way back when, because they wanted citizens to be able to bypass the federally mandated brady wait period back in the day. (3 days?) . States that had a handgun POC could bypass the wait. That eventually went away. NH law was never changed to fix it back to the default.

-Mike

They currently have bills in the Senate to eliminate the gun-line... not sure if that's a good thing or not with #BeijingBiden in charge

 

[drgrant]

They currently have bills in the Senate to eliminate the gun-line... not sure if that's a good thing or not with #BeijingBiden in charge

Doesn't matter, FBI nics is still part of the NH POC process, so if Xiden wanted to screw with people the shit would still roll downhill anyways.

 

[RJDN 04]

Doesn't matter, FBI nics is still part of the NH POC process, so if Xiden wanted to screw with people the shit would still roll downhill anyways.

Right but when it goes thru NICS it takes 2min top, the gun line pre-coove was 20min to 3hrs and a year ago this time was 2-3 days (for a pistol/revolver).

 

[drgrant]

Right but when it goes thru NICS it takes 2min top, the gun line pre-coove was 20min to 3hrs and a year ago this time was 2-3 days (for a pistol/revolver).

Yes, Gun line now is under 20 minutes but it still sucks.

 

[KBCraig]

Right but when it goes thru NICS it takes 2min top, the gun line pre-coove was 20min to 3hrs and a year ago this time was 2-3 days (for a pistol/revolver).

Pedantic point: the NH Gun Line is not for a pistol/revolver. It's for any non-NFA firearm other than a rifle or shotgun.

A stripped receiver goes through the Gun Line. A pistol grip only "shotgun" is not a "shotgun" under federal definition, so it goes through the Gun Line.

 

[sidecarpete]

Wrong... Pistol purchase background checks, in NH, are run through the state police... NOT the feds.

That is right! I moved to NH from MA in '06 and bought a shotgun maybe in '09 because we had a groundhog destroying our seedlings in the garden. Sailed right through and I got the gun(Single shot NE Arms 12GA) In perhaps 2014 I made application for a license for concealed carry and within the alloted time my chief issued the permit. I did not try to buy a handgun yet. In 2014 or so I traded in my single shot 12 GA for a neat old side by side 12GA with double set triggers, and the sale went through after the waiting period. I still have the nice old Baikal Russian shotgun that is known for it's reliability. In 2016 or so( I'm not sure of the year), the state of NH removed all barriers to concealed carry. In around 2001 I found a neat little antique 22 caiber pistol at Pinnacle Sports in Newport NH. It was old and hardly used, and confidant that I qualified based on my prior long gun purchases I gave a $100.00 bill for the $98.00 purchase price. The waiting period came and went and when I returned for the pistol I was presented with a denial. Reapeated calls to the appeal number and many messages left over many months went unanswered. Finally after several months I reiceved a letter denying my purchase of the pistol. The reason that the NH Trooper gave was a 1978 arrest for possesion of a deadly weapon(to wit, brass knuckles). I felt frustrated and confused: why could I buy shotguns and be approved for a carry permit by my chief and not be approved for the pistol????? Well, Pinnacle Sports was not very helpful, and I had to do my own research. It turns out that what Golddiggie says is right: Long guns/rifles go through CORI with the federal background check and hand guns are handled by the NH State Police. When I filled out the purchase application for the pistol I did not even recall the arrest for the brass knuckles when I was 22. Thinking back now, trying to remember, maybe it wasn't a conviction at all but perhaps a continuation without a finding contingent on a period of good behavior. Many months went by before I was able to get back to Pinnacle Sports in Newport NH. The man gave me a hard time about holding up the sale of the pistol while my application was in limbo. I told them all about my shotgun purchases and concealed carry permit issued from my chief but they never shared any knowledge that they may have had about the difference between long gun and hand gun applications being handled by two different LE entities. Pinnacle put up such a fuss about the delay of my purchase of a $100.00 pistol that I was never given a refund. This was in 2021 and Pinnacle Sports in Newport NH(multiple locations) has kept my money with no delivery of product. The owner made it clear that my denial of purchase was a reason that Pinnacle Sports would keep my money and I would get shite.

 

[Rick O'Shea]

That is right! I moved to NH from MA in '06 and bought a shotgun maybe in '09 because we had a groundhog destroying our seedlings in the garden. Sailed right through and I got the gun(Single shot NE Arms 12GA) In perhaps 2014 I made application for a license for concealed carry and within the alloted time my chief issued the permit. I did not try to buy a handgun yet. In 2014 or so I traded in my single shot 12 GA for a neat old side by side 12GA with double set triggers, and the sale went through after the waiting period. I still have the nice old Baikal Russian shotgun that is known for it's reliability. In 2016 or so( I'm not sure of the year), the state of NH removed all barriers to concealed carry. In around 2001 I found a neat little antique 22 caiber pistol at Pinnacle Sports in Newport NH. It was old and hardly used, and confidant that I qualified based on my prior long gun purchases I gave a $100.00 bill for the $98.00 purchase price. The waiting period came and went and when I returned for the pistol I was presented with a denial. Reapeated calls to the appeal number and many messages left over many months went unanswered. Finally after several months I reiceved a letter denying my purchase of the pistol. The reason that the NH Trooper gave was a 1978 arrest for possesion of a deadly weapon(to wit, brass knuckles). I felt frustrated and confused: why could I buy shotguns and be approved for a carry permit by my chief and not be approved for the pistol????? Well, Pinnacle Sports was not very helpful, and I had to do my own research. It turns out that what Golddiggie says is right: Long guns/rifles go through CORI with the federal background check and hand guns are handled by the NH State Police. When I filled out the purchase application for the pistol I did not even recall the arrest for the brass knuckles when I was 22. Thinking back now, trying to remember, maybe it wasn't a conviction at all but perhaps a continuation without a finding contingent on a period of good behavior. Many months went by before I was able to get back to Pinnacle Sports in Newport NH. The man gave me a hard time about holding up the sale of the pistol while my application was in limbo. I told them all about my shotgun purchases and concealed carry permit issued from my chief but they never shared any knowledge that they may have had about the difference between long gun and hand gun applications being handled by two different LE entities. Pinnacle put up such a fuss about the delay of my purchase of a $100.00 pistol that I was never given a refund. This was in 2021 and Pinnacle Sports in Newport NH(multiple locations) has kept my money with no delivery of product. The owner made it clear that my denial of purchase was a reason that Pinnacle Sports would keep my money and I would get shite.

Great first post. I find myself aggravated that Pinnacle Sports decided to keep your money.