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Is a cwof that shows dismissed, a federal disqualifier with Nics?

D

Dalym1985

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I'll keep this short and sweet. 10 years ago was arrested defending myself, and the person I defended myself from was friendly with the locals and I got charged with a&b with a dangerous weapon, that charge shows dismissed on my CORI, and shows as a NON-CONVICTION.

I was also charged with misdemeanor a&b, and that charge was CWOF'D, and shows as dismissed, and as a NON-CONVICTION, in mY CORI.

I wanted to make sure since they are dismissed and non-convictions, that I'm not federally disqualified in NICS.


Thanks very much for your responses.
 
The correct way to address this would be to talk to an attorney well versed in firearms law. It would be money well spent if you plan to pursue a LTC, in any state.
 
Not a lawyer, but do you live in MA? If so, do you hold a valid LTC? If so, it probably wouldn't hurt to try to buy something. It doesn't sound like you would get a deny response, but you are probably going to get a delay. This said from personal experience running NICS checks at a shop.
 
Peicemaker said:
Not a lawyer, but do you live in MA? If so, do you hold a valid LTC? If so, it probably wouldn't hurt to try to buy something. It doesn't sound like you would get a deny response, but you are probably going to get a delay. This said from personal experience running NICS checks at a shop.
Click to expand...


I'll be purchasing in NH.

Never applied for an LTC before.
 
Dalym1985 said:
I'll be purchasing in NH.

Never applied for an LTC before.
Click to expand...

Then I'd just go to a shop and try to buy something. There's no requirement for gun licenses in NH. The worst that can happen is you get denied. If you get denied, then I would look into hiring a lawyer to get your record squared away. If the CORI shows "dismissed" and "non-conviction", I don't think that it would trigger a deny. You'll most likely get a delay, though. Again, please do not take any of this as legal advice. Just the opinion of a guy who works in a gun shop.
 
Peicemaker said:
Then I'd just go to a shop and try to buy something. There's no requirement for gun licenses in NH. The worst that can happen is you get denied. If you get denied, then I would look into hiring a lawyer to get your record squared away. If the CORI shows "dismissed" and "non-conviction", I don't think that it would trigger a deny. You'll most likely get a delay, though. Again, please do not take any of this as legal advice. Just the opinion of a guy who works in a gun shop.
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Thanks for the advice. I didn't think they're would be an issue, thought I would ask.
 
A CWOF is not a disqualifier, unless the CWOF period is still in effect (and thus the charge are still pending) and the underling offense is a disqualifier.
 
Rob Boudrie said:
A CWOF is not a disqualifier, unless the CWOF period is still in effect (and thus the charge are still pending) and the underling offense is a disqualifier.
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Okay awesome!

This was 10 years ago, and everything shows as dismissed and non conviction.
 
Rob Boudrie said:
A CWOF is not a disqualifier, unless the CWOF period is still in effect (and thus the charge are still pending) and the underling offense is a disqualifier.
Click to expand...

except in MA [horse] were it can make you unsuitable
 
Peicemaker said:
Not a lawyer, but do you live in MA? If so, do you hold a valid LTC? If so, it probably wouldn't hurt to try to buy something. It doesn't sound like you would get a deny response, but you are probably going to get a delay. This said from personal experience running NICS checks at a shop.
Click to expand...

I'd suggest you follow the first response and not this one. The reason is, you may get caught lying on a federal document. Lack of knowledge isn't a defense.

Talk to a lawyer. In the words of the cop in The Matrix: "DEW ET, DEW ET NAU"
 
weekendracer said:
I'd suggest you follow the first response and not this one. The reason is, you may get caught lying on a federal document. Lack of knowledge isn't a defense.

Talk to a lawyer. In the words of the cop in The Matrix: "DEW ET, DEW ET NAU"
Click to expand...

How would he be lying on the 4473? There is nothing on there about cwofs, non-convictions, or dismissals. It asks if you are under indictment or if you have been charged with a felony. Neither of those apply to the OP according to the information he has divulged.
 
Peicemaker said:
How would he be lying on the 4473? There is nothing on there about cwofs, non-convictions, or dismissals. It asks if you are under indictment or if you have been charged with a felony. Neither of those apply to the OP according to the information he has divulged.
Click to expand...


Does it ask if charged with a felony, or convicted?

Because I got charged but I wasn't convicted
 
Dalym1985 said:
Does it ask if charged with a felony, or convicted?

Because I got charged but I wasn't convicted
Click to expand...

here are the actual section 11 questions on the form which are relevant in your situation:

b. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you formore than one year?
(See Instructions for Question 11.b.)
c. Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?
(See Instructions for Question 11.c.)

Charged but not convicted doesn't sound like it would be a yes answer on either of those.

Here's the full form so you can review it before you decide to fill one out at a gun shop.:
https://www.atf.gov/file/61446/download
 
Last edited:
Peicemaker said:
here are the actual section 11 questions on the form which are relevant in your situation:

b. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you formore than one year?
(See Instructions for Question 11.b.)
c. Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?
(See Instructions for Question 11.c.)
Click to expand...


Judging by that, I think I'm in the clear?
 
FSTC said:
FWIW
I have a CWOF for something "Bad" Over 10 years ago
I have an LTC A, a Green Card and a C&R
Click to expand...

Just shows you how random the system can be. What town? I want to move there.
 
Just an update

Went to buy today, came back as pending. If all is well I can pickup Thursday.

I'm guessing the pending is because it's my very first gun purchase, and I just changed my drivers license from MA to New Hampshire today.

They told me at the shop, if it's a denial, it usually comes back as one right away.
 
Dalym1985 said:
Just an update

Went to buy today, came back as pending. If all is well I can pickup Thursday.

I'm guessing the pending is because it's my very first gun purchase, and I just changed my drivers license from MA to New Hampshire today.

They told me at the shop, if it's a denial, it usually comes back as one right away.
Click to expand...

Just giving them time to fuel up the black helicopters.
 
Dalym1985 said:
Just an update

Went to buy today, came back as pending. If all is well I can pickup Thursday.

I'm guessing the pending is because it's my very first gun purchase, and I just changed my drivers license from MA to New Hampshire today.

They told me at the shop, if it's a denial, it usually comes back as one right away.
Click to expand...
More likely, someone has to look at the record to see what is in it (sort of like the health care bill). The CWOF will be in the system, so someone has to review the record and determine it is not a DQ.
 
I have a cwof for something I was doing in college that would disqualify me from getting an ltc if I was convicted. I have an unrestricted ltc. So I wouldn'the worry.
 
pgobbi83 said:
I have a cwof for something I was doing in college that would disqualify me from getting an ltc if I was convicted. I have an unrestricted ltc. So I wouldn'the worry.
Click to expand...


Appreciate the reassurance.

Everything is showing up on my cori as a non conviction and dismissed.

I'm not too worried, like the dealer said, if I was going to get a dismissal, it would have came back today.
 
In God We Trust said:
I also was charged with a felony (AB dangerous weapon) charges were dismissed (not CWOF) and I have an LTC no restrictions
Click to expand...


So the felony was dismissed the misdemeanor was cwof'd then dismissed.

Just curious, can't you get your ltc, but not pass NICS on the federal level?
 

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