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Brady denial...misdemeanors

busterchopsbusterchops Member Posts: 10 ✭✭
edited October 2005 in Gun Rights and Constitutional Law
A good friend of mine was denied purchase because of the brady background check. He couldn't figure out why he was denied. He's a Vet, honorable. No felonies, no domestic violence. 30 years ago he was convicted of misdemeanor possesion of pot and got 3 years probation. He never touched it again because the second time he was thrown in jail for 2 weeks and he had to fight for his mattress and his girlfriend cheated on him while he locked up. He dropped her and the pot and never looked back.

If he is eventually approved will he get a denial every time??

He wants to go shooting but won't risk anything now.
Thanks
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Comments

  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    1. A felony is defined as being convicted of a crime that can be punished by confinement for one year or more (Like Teddy Kennedy). Kinda wonder about 3 years probation if it was a misdemeanor. 2. Also prohibited are persons that are unlawful users of, or addicted to, controlled drugs. The 2 pot possesion convictions may have done him in.

    Friends help you move. REAL friends help you move BODIES!
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    The person running the background check will not tell him why he was denied, because he does not know. They just tell the firearm seller that the buyer has been denied, that's all.

    He should have gotten a piece of paper (when he was denied) with instructions on what to do to contest the denial. Has he contested it?

    Follow the instructions, and they will tell him why, and what to do about it. Once he gets it cleared up (if possible) then he "shouldn't" have any problems in the future when trying to purchase firearms.

    Sometimes it's a case of mistaken identity, in which case, he could have a problem EVERY time he tries to buy one.


    Another thought on this is in the following thread. Click on the link.

    http://forums.gunbroker.com/topic.asp?TOPIC_ID=105655



    The gene pool needs chlorine.
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  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    There are several different possibilities here. First, when he got the violation of probation, what were the terms of his probation? If those terms were as I suspect he was charged with full possession and was released as "time served." However the charge could have gone to felony 6 due to the probation violation. If this occurred, that is why he is being denied. Another possibility is that his second drug violation was listed as "dangerous drug", the drugs that fall into this category are all narcotics including Meth, because it was listed as a "dangerous drug" it is quite possible that it is being considered a class 4 felony. Yet another is the second conviction for drugs, no matter what kind may have caused his first to go to class 6 felony as per terms of his probation.

    I always get delayed, until I got my CCW, but I always get approved. One thing your friend can do is petition the NICS file to have a constant file on him and that way he is approved provided it is all a mistake. If he did get assessed a higher charge due to the violation, you can go to the Governor and explain the circumstances and you could get a full pardon and reinstatement of rights.

    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
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  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    For help call:
    1 800 392 2400 order the book by firearms rights lawyer, C E Hill called, "Brady Denial? You can get your guns back".

    I heard her speak about the problem for about an hour. She knows her stuff. The book contains a do it yourself guide.

    You can be denied for a single outstanding parking ticket!

    http://www.paladin-press.com/detail.aspx?ID=1228

    Defender
    Private investigator licensed in AZ & CA that specializes in self defense cases.
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  • HighballHighball Member Posts: 15,755
    edited November -1
    Remember;
    It is REALLY IMPORTANT for you and your buddy to get yourself down to the polling place next election to vote for a republican..or a democrat politician.

    They are our ONLY HOPE to get our freedoms back...God alone knows HOW all these laws got enplaced..but we MUST get a REPUBLICAN..(or Democrat) Back in office before its too late...


    As time continues to slide away..I become more convinced all the time that most people in this country are half-wits.
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  • busterchopsbusterchops Member Posts: 10 ✭✭
    edited November -1
    It's been almost a month. How long do these things take? Isn't there a month time limit? Will his appeal number still be good and he won't have to have a new background check? He did not submit his social, thanks to this forum. Fingerprints yes, social no. They probably already have it. AKA's are close. Maybe that's it, he has 2 aka social security numbers that are real close with his name.
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  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    Highball- You lost me big time, man. What are you trying to say here. You know I always got your back, but I don't get the post. I'm thinking there must be sarcasm in there somewhere but I can't find it. Help, please.

    Busterchops- No, I have never been denied, but it always takes at least a day or did anyway. No, I got thee CCW right away. Do as defender says, I've heard something about this lady, supposed to be real sharp. Good luck to you and your buddy, I hope you get it worked out.

    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
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  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    If you're really feeling ballsy and your buddy has some charm, you may want to challenge this in court as unconstitutional. Nowhere in the Constitution does it prohibit ownership and in fact guarantees it. "...The right to keep and bear arms shall not be infringed." There are attorneys out there who take these gun cases pro bono (no charge). Get in touch with RTKBA.com or the NRA. They may have attorney's on stand-by for just this type of case. We would all love to see him win.

    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
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  • HighballHighball Member Posts: 15,755
    edited November -1
    Sarcasm..all of it..pure and simple.(All except the half-wit comment)...

    The Republican IS in office. He said..."I believe the Second Amendment is an individual right...and we are going to enforce all Federal Gun Laws"...700 Gun Judges..increased funding to the JBT's...

    Fellas..if that is your idea of a friendly Gun Rights supporter..be my guest.

    People...NEITHER PARTY GIVES A DAMN ABOUT YOUR RIGHTS...If you MUST vote...vote third party. The third parties don't care either...but messages MUST be sent that can be heard....
    Understand that you swim in a sea of tyranny..and the Founders despise us...every one of us. We are hollow imitations of those men.....
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    busterchops,
    I know they ASK for your SS #, which is optional. I was unaware that any state required "fingerprints" to do a background check. CCW, yes, but just to run a regular gun purchase, background check? Hmmmmm.

    Yes there is a time limit, after 30 days, he will have to have a new background check done.

    Through this event, it sounds like maybe YOU have woken up a bit, you can spread the word about what is happening.

    The gene pool needs chlorine.
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    Comengetit,
    You think Highball's post has a little sarcasm in it? Only the first two sentences.
    The third one is just stating the truth.

    ANYONE, who really thinks that it makes a difference which political party "of the two major parties" holds office, or that either (as a whole) cares anything about the constitution, is dumber than a box of rocks. There may be select individuals on either side who do care "somewhat" but they are the minority, and do not have enough clout by themselves to get anything done.

    Most people DON'T vote for change, most are just voting for the "lesser of two evils" which means you STILL end up with EVIL running the country. I have been watching for years...no...decades, and I ask myself, will they EVER wake up and see this? I don't think so, which brings us back to Highball's last sentence....the truth.

    49% of the eligible voters didn't even vote in the last election. Was it because they were too busy, too dumb, too apathetic? I bet some of them have given up? Knowing that whichever party gets into office will NOT make any real difference, when it comes to the raping of our rights, freedoms, and lives. The nuances between the two, when it comes to our future, are not worth mentioning.


    Oops, I better watch out, or I may have to move this thread to the "Politics" forum. [;)]


    The gene pool needs chlorine.
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  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    quote:Remember;
    It is REALLY IMPORTANT for you and your buddy to get yourself down to the polling place next election to vote for a republican..or a democrat politician.

    They are our ONLY HOPE to get our freedoms back...God alone knows HOW all these laws got enplaced..but we MUST get a REPUBLICAN..(or Democrat) Back in office before its too late...


    OK, I'm reading this and here's what I get; You capitalize "really important" but nothing else. Then in the second paragraph you capitalize "Republican", therefore I can only assume since we have a Republican in office now that he is not exactly what you have in mind and we won't have what YOU consider to be a Republican in office until we get someone else in, and that someone else MUST be a REPUBLICAN. Does that about sum it up?

    I'm sorry, man but I just went brain dead I guess. I usually pick right up on your posts but I guess I failed miserably on this one. [:I] Either that or it wasn't that clear[;)]

    I'm just havin' a little fun here, Highball. It's been too long since I needled you.[:D][:D][:D]

    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
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  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    You're not off base about standing up and the gang bangers and thugs can kiss my *. If I'm trying to remove a dead body out of the sludge so that it can be properly buried, and someone decides to play cute...bang...bang...bang! F 'em you can't go through life being intimidated, if you can't stand up alone, bring someone with you (a big someone). Bullies and thugs are all the same, take away their advantage and they're nothing but scared little squirrels lookin' to get a nut. If your out gunned or overpowered, wait to make your move until you have the advantage. But never shy away from thugs, I spit in their general direction. Just always be armed.

    Sorry, kind of got off on a rant. Anyway, welcome to the jungle Busterchops!

    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    busterchops,
    Yes, he will keep getting denied until he gets whatever it is cleared up. It is just that after 30 days, the first check isn't any good, and he will have to get a new one. No reason to get another check until after he gets things cleared up.

    The gene pool needs chlorine.
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  • HighballHighball Member Posts: 15,755
    edited November -1
    Please allow me to rephrase one more time.

    I make ABSOLUTELY no distinction between Republican politicians and Democrat politicians.

    Both work tirelessly to increase their own power base...and every time they do that...YOUR FREEDOMS DIMINISH.

    Neither party gives a damn about your rights. The president in power today has fascist leanings.The previous president had Communist leanings.

    So WHAT no third party 'stands a chance"...for God's sake, what does voting for corrupt major parties DO... besides convincing them that you WANT more controls/Gun laws/invasions of privacy/rules/restrictions....

    UNLESS THAT MAKES YOU COMFORTABLE...?????
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  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    Welcome to the wonderful wacky world of the BATFE!

    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
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