Can someone explain this to me please

Discussion in 'Legal and Activism' started by Lone_Wolf, Sep 13, 2010.

  1. Lone_Wolf

    Lone_Wolf New Member

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    Please before you answer just don't start criticizing me I know the choices I made were stupid and I have learned from them thank you.

    In 2005 I was arrested for criminal damage to property and was given 3 years probation,restitution and first offenders act. I completed it all in less than 3 years and was let off. In November of 2009 me and my wife were arrested for trumped up domestic violence charges against each other among other charges all of which were dropped in January by the asst D.A once she got our side of the story and saw the cops were overzealous. Of course DFCS got involved and are still involved with their witch hunt. In February of this year I tried to buy a shotgun for home protection guy runs background check and I get denied he can't tell me why because he doesn't know. So my question is 1. Is there some reason I wasn't able to get the gun? The first offenders act was supposed to erase my record. 2. How can I find out what if anything is on my record. I have a feeling since we had DV charges against us 2 months previous that it has something to do with me not being able to get the gun.
     
  2. Jpyle

    Jpyle New Member

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    No one here is a practicing attorney. Your best bet would be to contact an attorney in your County that can get access to the NCIS records and appeal on your behalf.
     

  3. Lone_Wolf

    Lone_Wolf New Member

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    Can I get those kind of records my self? The guy told me to call the FBI and ask them to send me a paper I can take to the sheriff here and get them to send my fingerprints back to the FBI and they can tell me why I can't get a gun. I can't afford a lawyer really so that is why I came to ask here.
     
  4. c3shooter

    c3shooter Administrator Staff Member

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    Yes, you can go that route. It could be that your record shows an open charge (Hello, Mr. Fugitive-from-Justice) or something related to Domestic Vioence. The guy at the gun shop will not have any idea- they get approved-delayed-denied ONLY. Now, once you GET that record, you may need that lawyer. Not much money? Check with your state bar association about free/ cheap legal aid.
     
  5. Dillinger

    Dillinger New Member

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    Before anyone types out some response in the first 30 seconds after reading this thread, PLEASE let it simmer before hitting <ENTER>. Don't be that guy, we are better than that.

    Lone_Wolf - Welcome to the Forum. Usually someone asks the new guys to stop by the Introduction Section and tell us a little about yourself.

    You definitely have a need to see your current police record. I don't know how to go about that without putting yourself at the mercy of the cops that seem to have been a problem.

    We have a few current and former LEO's here, so I am hoping one of them will stop by to help you with this issue.

    Good luck -

    JD
     
  6. Lone_Wolf

    Lone_Wolf New Member

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    Thanks for the quick and helpful replies. How do I go about asking for my record? Anyone know that? I would assume I could just ask for it since it is my record lol
     
  7. RugerShootinGal

    RugerShootinGal New Member

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    Yeah you really need to talk to an attorney. There is not much we can tell you about that kinda stuff. I hope all goes well and everything gets worked out for you guys and your children.:)
     
  8. Lone_Wolf

    Lone_Wolf New Member

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    Thanks. I guess I will be calling around tomorrow or searching on how to get my record. The wife and I have worked everything out but as anyone who has dealt with DFCS know's they are scum and try to make your life hell.
     
  9. Dillinger

    Dillinger New Member

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    I believe a citizen can submit in writing to the BATFE and get the reason you were "denied". I believe this is free, but it would probably take awhile to get the answer.

    I don't know if you can find out at the local cop shop, they are your records, but that is a question for one of the LEO's.

    I will hit up a couple of them for you and see if I can get them in here.

    JD
     
  10. RugerShootinGal

    RugerShootinGal New Member

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    Lone they can be very aggravating but just hang in there be strong and let them get their job done and everything will be o.k. While they are doing that you can work on contacting an attorney or getting your records for yourself so you can legally get a firearm. That will keep you busy so they don't bother you as much. Have a good one:)
     
  11. CourtJester

    CourtJester Well-Known Member

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    Aaahhhhh... I had my younger days.
    [​IMG]

    All of mine were only traffic related (as the lids on the mantel may imply) though. Start cleaning your **** up and thinking first before it's too late man.
    Anyway...
    I've done it for hiring employees before if it was a pretty high up position; but you can find 1000 online criminal records checks for about $10 or so. It wont tell you specifically why you have been denied but it will give you a copy of what is listed and you may be able to pin point it yourself. At that point it will be 100% up to an attorney to fix it.
     
  12. Gatekeeper

    Gatekeeper New Member

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    I had to do this once. Sometimes it can just be an erroneous denial.
    You can file an appeal with the FBI (not the ATF) , and request the reason for denial.
    Go here--------> Federal Bureau of Investigation - NICS E-Check

    Check out the site, you may request the reason for your denial by writing. Instructions on webpage. After you get the reason for denial, (wrong information, right information/wrong person, etc) you can then plan out your next course of action.
    I think it took me around a week to get my reason back the one time I had to file an appeal.
     
    Last edited: Sep 13, 2010
  13. Glasshartt

    Glasshartt New Member

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    You may want to check with the probation department to make sure that they fulfilled their portion of the first time offenders program. If your case was supposed to have been expunged after successful completion, you may need to hound them to make sure they follow through. Also request that all records of the Domestic Violence charges be expunged since the charges were not pursued. If there was actually misconduct by the officers, you should not have too much trouble getting that done. Try contacting the Assistant DA who handled the case. Of that doesn't work and you can't afford an attorney to handle everything, try your local legal aid, that's what they are there for.
     
  14. danf_fl

    danf_fl Retired Supporter

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    Get copies of all documents. This possibly won't be the last time. And state the Freedom of Information Act (be prepared to pay for reproductions costs if you do). The Act entitles you to get copies of documents that may be in your file.
     
  15. cpttango30

    cpttango30 New Member

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    Same link as Gatekeepers. That is how you find out why you were denied. Other than that I will tell you GO TALK TO A LAWYER. Many first consults are FREE and you get 1 hour to ask as many questions as you need to.

    Federal Bureau of Investigation - NICS E-Check
     
  16. Mongo

    Mongo Well-Known Member Supporter

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    Unless You Live in Calif

    Then you will have to pass the State of Calif Dept of Justice backround check with their own set of rules.
     
  17. Lone_Wolf

    Lone_Wolf New Member

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    Thanks for the link folks. I will go ahead and do that right now and hopefully I can figure it out and I just really hope it was something simple like the DV crap we got ourselves into that is holding this up.
     
  18. Lone_Wolf

    Lone_Wolf New Member

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    # NICS TRANSACTION NUMBER (NTN) or STATE TRANSACTION NUMBER (STN)


    What is that and where do I find it? It says its required to ask for my records.
     
  19. Dillinger

    Dillinger New Member

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    I believe that would have been the number assigned to the request for the purchase. You should be able to receive that from the store where you attempted to purchase the weapon.

    JD
     
  20. Lone_Wolf

    Lone_Wolf New Member

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    Ah. Well I had the paper but its been 8 months since I tried to buy it I don't have it any longer. Guess I can email the FBI and ask them how to get it or something.