Where's my constitutional Rights?

Discussion in 'Legal and Activism' started by HandKAllDay, Jul 24, 2013.

  1. HandKAllDay

    HandKAllDay New Member

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    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.
     
  2. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    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.
     

  3. JonM

    JonM Moderator

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    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
     
  4. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    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.
     
  5. fmj

    fmj New Member

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

    DrumJunkie New Member

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    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.
     
    Last edited: Jul 28, 2013
  7. fmj

    fmj New Member

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    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.
     
  8. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    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.
     
  9. fmj

    fmj New Member

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    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.
     
  10. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    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.
     
  11. RJMercer

    RJMercer New Member

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    The rules are ridiculous and arbitrary and most often fly in the opposite direction of our founding documents. We will never know if we have violated those rules a lot of the time unless we find bobthefed standing on thy neck. You got lucky by finding out the nice way that you angered bobthefed and you don't have to weather a hospital stay and heal from the encounter before hiring a lawyer to sort it out on your behalf.
     
  12. SSGN_Doc

    SSGN_Doc Well-Known Member

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    Now you may be in a kind of "damned if you do, damned if you don't" situation. Regardless of your state's stance on marijuana legality, it is still illegal federally.

    You also may not have understood that your plea may hold the weight of a feline conviction on the federal level. This lack of understanding may have caused you to unintentionally purger yourself on a federal form if you answered "no" to the questions asking if you were ever convicted of a felony, and if you are a user of an illegal substance.

    The Feds do the background check. So it's in their jurisdiction not the jurisdiction of your state and it will be federal interpretation of the laws.

    This is one of the arguments against a federal carry permit system. They may not interpret or apply the same standard that your state would. Until the federal government gets onboard and makes marijuana a state jurisdictional determination, free of federal restriction, then people on your situation will be denied or forced to forfeit their 2A rights in favor if their marijuana use or medical treatment.
    Mental health patients often have to have medicinal treatment and would forfeit these rights as well in favor of the medical priority.
     
  13. SSGN_Doc

    SSGN_Doc Well-Known Member

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    And as I'm sitting and watching the evening news I see that the DEA and federal police did raids on marijuana clinics in the Puget Sound area today, though they are legal according to Washington law. So, apparently states rights to determine law in their borders continue to erode. And the rights of individual self determination erode as well.

    I'm not a fan of pot personally. I've got no use for it. But my personal choice,regardless of the legality, should not affect someone else, where it is legal for them to use. Where it is illegal, folks need to abide by the law, or move to where its legal or work to change the law.
     
  14. nitestalker

    nitestalker New Member

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    Convictions of Alcohol or prescription drug abuse can earn a refusal from the FBI as well. This not just a marijuana violation issue. Any time you make a decision concerning an unclear law dependent on different jurisdictions be very careful. :eek:
     
    Last edited: Jul 25, 2013
  15. TekGreg

    TekGreg Lifetime Supporting Member Lifetime Supporter

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    Doc has pointed out something going on all over the U.S.A. - a pissing contest between states who vote to legalize or decriminalize marijuana and the Fed. In California, State LEOs will not help the DEA in raids, but the DEA says they will continue to do them regardless of what the States want. It's issues like this, regardless of the specific issue, where we need to tell our representatives to enforce state's rights. Whether you believe in marijuana or not, the Fed needs to stop its jack-booted intimidation in violation of state law.

    As for the OP, I had a friend that wanted a MMC, so I did a lot of research. When you were issued a MMC, you were screwed out of any firearm ownership. You can't even get it revoked to return your 2A rights. Even without the card, the BATFE still treats you as a current drug user because you had a MMC at one time in your life. :mad:

    The charges that you pled nolo contendre to were a felony, so you are now a convicted felon. There is no "deal" in the justice system that lets you off the hook unless the prosecution agrees to drop all charges. Any "negotiation" leaves you convicted of something. So, now that you are a convicted felon, you're firearms ownership chances are zero. You're screwed twice. :eek: Any 4473 you fill out would have to be perjured or would automatically be denied.

    You need a VERY good attorney and you need to explain ALL of this, including railroading your cooperation. Do not be fooled - this may take years to sort out, tens of thousands of dollars and several more court appearances. No matter the outcome, you have paid dearly for your decisions. :( Going forward, you may consider involving an attorney before any major decisions - they're much cheaper before the problems arise. :rolleyes: :D
     
  16. 7point62

    7point62 Lifetime Supporting Member Lifetime Supporter

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    Unfortunately, that's the gist of it. And just for the record, sometimes lawyers will tell you what you want to hear.
     
  17. Gonzilla

    Gonzilla New Member

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    2nd that, finding an honest attorney is harder than finding an honest mechanic and they both bill by 1/4 hr and round up...:)

    I've had friends who fought the system and paid thousands of dollars only to have the same result as a public defender.

    For the record: Do a lot of research, get a specialized attorney - they are expensive but will save you $$$ in the long run. It is never easy to remind the govt of its flaws and State vs Federal boundaries is close to a "3rd rail" as it gets.

    The trail you set today may be the precedent many follow tomorrow. I wish you the best of luck. The deck is stacked against you but I do like the underdog. Go down swinging & keep moving fwd.
     
  18. Garadex

    Garadex New Member

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    I think that it would solve a lot of problems if marijuana was legalized, at least someone on it wont be violent like some drunks. I don't think it should be legalized but I'm also against alcohol and tobacco. I know I sound bass ackwards.
     
  19. fmj

    fmj New Member

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    Not to derail this thread, but this thought process is what led us to where we are today.

    Just because you dontlike something doesnt mean it should be unlawful. What that does is infringe on anothers liberty.

    I dont smoke or use drugs, I drink a few beers from time to time. But I have no issue with people using drugs if they so choose. Its a "victimless crime". The only one getting hurt is the one choosing to use the drug.

    Its way past time we raise the white flag and call the war on drugs a miserable failure...this also goes for the war on terrorism and poverty etc.
     
  20. c3shooter

    c3shooter Administrator Staff Member

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    To address the original question- Where are my rights?

    Well, I have a right to liberty. However, when I am found guilty of a felony, and they put me in prison, that liberty is sharply curtailed. As is my freedom of speech, right not to be searched, etc. You also lose your right to bear arms, vote, have a driver's license, etc.

    In your case, you pled no contest to a criminal charge. Under the 1968 Gun Control Act, that now makes it illegal for you to possess a firearm or ammunition. You are welcome to contest the constitutionality of that law.

    That same law, codified as US Code, Title 18, section 922 provides that an addict, or unlawful user of controlled substances is likewise prohibited. Please note the term unlawful user. Again, you are welcome to challenge that law.

    In the meantime, it IS law, and HAS been law in the entire US for 44 years. This is not something that just popped up on the radar.
     
    Last edited: Jul 26, 2013