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-   -   Where's my constitutional Rights? (http://www.firearmstalk.com/forums/f97/wheres-my-constitutional-rights-94380/)

HandKAllDay 07-24-2013 10:54 PM

Where's my constitutional Rights?
 
This is my first post and let me start it off by saying I am not a uneducated loser by any means and I'm writing this to vent.....

15 days ago I went to a local gun dealer to purchase an "arm", not a "firearm" as described in 26 USC 5645(http://www.law.cornell.edu/uscode/text/26/5845). I settled on a H&K P30 9mm and gladly paid the hefty price. The owner of the store then told me he was going on vacation and wouldn't submit my paperwork until he returned from over the pond.
In the mean time I purchased several accessories and 500 rounds of ammo.
Fast forward 2 weeks. This morning I went into the shop to check in with him and see how his vacation went and he delivered me the bad news.... FBI NCIS denied my request to purchase a pistol and gave no reason why. I have all the necessary documents to purchase and own an arm so I was confused as to why I was denied. I filed my appeal as soon as I received this news by logging onto the FBI website.

I believe I was denied based on the fact that I just plead nolo to a charge, a cultivation charge(I'm a MMC by the way). As part of my plea I had to pay fines and was told by my lawyer that if I didn't get in trouble for the next year that the case would be sealed. He also told me that because I took the nolo plea that I would not have to disclose any facts of the case to anyone when applying for work and was assured it would not count against me for purchasing an arm. The Department of Health didn't revoke my MMC license either as it was not a guilty plea.... Well it looks like its biting me in the ass now.

I follow all state laws and without getting into my case too much was the victim of illegal search and seizure after a forced entry(no warrant) by the US Marshalls. They backed me into a corner and pretty much forced me to take the plea upon fear of them seriously destroying someones life who I care about more than anyone in this world. They even went as far as sending letters to this persons place of employment and she was going to lose her job if I didn't take the deal. They knew they were going to lose the case in court which is why they resorted to such dirty tactics. They Blackmailed me and coerced me into taking the plea. Doesn't sound like justice or fair and unbiased to me now does it.

The foundation of our American Government, its purpose, form and structure are found in the Constitution of the United States. The Constitution, written in 1787, is the "supreme law of the land" because no law may be passed that contradicts its principles. No person or government is exempt from following it.

The Constitution establishes a federal democratic republic form of government. That is, we have an indivisible union of 50 sovereign States. It is a democracy because people govern themselves. It is representative because people choose elected officials by free and secret ballot. It is a republic because the Government derives its power from the people.

The purpose of our Federal Government, as found in the Preamble of the Constitution, is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity." In order to achieve this purpose the Founding Fathers established three main principles on which our Government is based:

Inherent rights: Rights that anyone living in America has;
Self Government: Government by the people; and
Separation of Powers: Branches of government with different powers.


Now I am in limbo, waiting on my appeal, and my $1000 dollars is tied up. Is there anything I can do to help my case? Any suggestions would be greatly appreciated.

Axxe55 07-24-2013 11:02 PM

for whatever reasons you were denied, i am not privy to, nor am i lawyer. so with that said, i would seek the counsel of a good attorney and let him or her sort through your affairs to se what is going on. very doubtful that anyone here can help with the limited amount of information you have given. plus there could be some very simple reasons you were denied, but again, we're not privy to that information.

JonM 07-24-2013 11:06 PM

no reason why the shop owner cant refund the money since no transfer has taken place. unless you ordered it online then you might have some issues.

pleading no contest nolo contendere means you arent disputing charges but its still a convinction. you just not pleading guilty or not guilty and accepting the consequences of the charges wihout trial.

sealed records means all anyone sees is the conviction not the circumstances or charges.

as far as nics is concerned your a convicted felon. they dont care what your plea was or even know what it was thanks to the case being sealed.

anyway best thing is to get your money back while your fighting the feds.

as axxe said find a good attourney that deals with firearms law, im certainly not one. i work for a living

MisterMcCool 07-24-2013 11:09 PM

Sell the gun to get your money back. Wait on the result of the appeal. I suspect your plea will be considered a federal conviction. You have likely been "federal firearms disabled." You need a good attorney to lobby for the restoration of your rights.

fmj 07-24-2013 11:52 PM

Besides the conviction. Getting your MMC you voluntarily gave up your 2A rights. (read the questions on the 4473)

DrumJunkie 07-25-2013 12:44 AM

A no contest plea in most states you are admitting to the charge just disputing some of the facts. It is seen as a conviction as you where not found not guilty.

If indeed you where coerced into copping a plea on the other deal you need a layer or two. I would want one to deal with the abuse of the PD and a 2A lawyer to deal with the rest.

I'm old and not too keen on some abbrev. What is MMC?

Oh, and anything to do wit ha drug conviction will get you blacklisted. You will have to get those charges expunged if possible. To seal them is like doing nothing. They still see it and will still bump you.

fmj 07-25-2013 12:55 AM

Quote:

Originally Posted by DrumJunkie (Post 1314368)
A no contest plea in most states you are admitting to the charge just disputing some of the facts. It is seen as a conviction as you where not found not guilty.

If indeed you where coerced into copping a plea on the other deal on the other deal you need a layer or two. I would want one to deal with the abuse of the PD and a 2A lawyer to deal with the rest.

I'm old and not too keen on some abbrev. What is MMC?

Oh, and anything to do wit ha drug conviction will get you blacklisted. You will have to get those charges expunged if possible. To seal them is like doing nothing. They still see it and will still bump you.

I am guessing "MMC" is short for Medical Marijuana Card or Consumer or Cultivator....But either way....once you receive your Medical Marijuana Card you are DONE for lawful purchases of firearms. Weed may be legal in your state but its not at the Fed. level..and the Feds control the firearms world.

I dont agree with it, but until more people wise up and get on board with the Libertarians or Constitutionalists thats how its gonna remain.

Axxe55 07-25-2013 01:02 AM

Quote:

Originally Posted by fmj (Post 1314382)
I am guessing "MMC" is short for Medical Marijuana Card or Consumer or Cultivator....But either way....once you receive your Medical Marijuana Card you are DONE for lawful purchases of firearms. Weed may be legal in your state but its not at the Fed. level..and the Feds control the firearms world.

I dont agree with it, but until more people wise up and get on board with the Libertarians or Constitutionalists thats how its gonna remain.

i was wondering that myself. i seemed it had something to do with the health field in some way.

to the OP, irregardless of what plea you entered, irregardless of any other factors, if you were convicted of a felony, then it's illegal for you to purchase or possess firearms or ammo. my advice is that you need to seek the counsel of an attorney and not opinions stated on a forum.

fmj 07-25-2013 01:12 AM

Quote:

Originally Posted by Axxe55 (Post 1314384)
i was wondering that myself. i seemed it had something to do with the health field in some way.

to the OP, irregardless of what plea you entered, irregardless of any other factors, if you were convicted of a felony, then it's illegal for you to purchase or possess firearms or ammo. my advice is that you need to seek the counsel of an attorney and not opinions stated on a forum.

Even without the felony conviction, the Feds would have denied by virtue of OP possessing a MMC. I believe the MMC is a matter of public record, so by Fed standards you are addicted to controlled substance. Unless of course you choose to perjure yourself on your 4473. Then it might slide under the radar...for a time.

Axxe55 07-25-2013 01:22 AM

Quote:

Originally Posted by fmj (Post 1314394)
Even without the felony conviction, the Feds would have denied by virtue of OP possessing a MMC. I believe the MMC is a matter of public record, so by Fed standards you are addicted to controlled substance. Unless of course you choose to perjure yourself on your 4473. Then it might slide under the radar...for a time.

quite possibly. i happen to agree very much with post #7 you made on this thread. personally, i don't think the use of marijuana is any worse than alcohol, and that's strictly my opinion, but as long as the Feds say it's illegal, then until they change the laws at the federal level, it's pretty much irrelevent what state laws are. even if federal laws were changed, i seriously doub i would buy it anyways.


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