Denied!! or not.... HELP!!!!!

4055 Views 13 Replies 9 Participants Last post by Earl 007, Aug 16, 2013

caropreson

Discussion Starter · Jul 10, 2013

ok where to start....

i bought a gun off gunbroker back in april and got an "non-approval" from the NICS check at my local FFL.....

after completing the entire appeals process i got a letter from FDLE stating i was still denied due to being a "fed prohibited person" by the state of Mass firearms dept....

so i called FDLE and inquired, was given a docket # contacted mass and jumped through more hoops for two weeks to find that the charge in question is not a disqualifer..... (leaving scene of accident, misdimeanor with less than 2 years poss jailtime)

now come the real problem-----------
Fdle is telling me i am prohibited by the state of mass
mass assures me i am not, and say they sent no such fax to fdle...
fdle has the fax in had but will not forward me a copy to show mass firearms.....

what do i do??? i know i am not prohibited, i dont want to wait 2 more months to get re-denied ????
(ps i reappeal-ed to FDLE as soon as i had the mass disposition)
i am trying to contact a lawyer but they are even confused... someone please help!!! i want my gun!!!!

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notalawyer

· #2 · Jul 10, 2013

caropreson said:
ok where to start....

i bought a gun off gunbroker back in april and got an "non-approval" from the NICS check at my local FFL.....

after completing the entire appeals process i got a letter from FDLE stating i was still denied due to being a "fed prohibited person" by the state of Mass firearms dept....

so i called FDLE and inquired, was given a docket # contacted mass and jumped through more hoops for two weeks to find that the charge in question is not a disqualifer..... (leaving scene of accident, misdimeanor with less than 2 years poss jailtime)

now come the real problem-----------
Fdle is telling me i am prohibited by the state of mass
mass assures me i am not, and say they sent no such fax to fdle...
fdle has the fax in had but will not forward me a copy to show mass firearms.....

what do i do??? i know i am not prohibited, i dont want to wait 2 more months to get re-denied ????
(ps i reappeal-ed to FDLE as soon as i had the mass disposition)
i am trying to contact a lawyer but they are even confused... someone please help!!! i want my gun!!!!

Get a lawyer! A firearms lawyer!

misdimeanor with less than 2 years poss jailtime

Federal law states that any conviction where the possible penalty is more than one year is a disqualifier.

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Xbonz

· #3 · Jul 10, 2013

Contact this gentleman:

http://www.buckleyesq.com/

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Telum Pisces

· #4 · Jul 10, 2013

Yep, unfortunately it's going to take some kind of firearms lawyer to force these people to do their dang job and get you off some magical prohibited list.

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45Freak

· #5 · Jul 10, 2013

I concur with reference to attorney with firearms experience.

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caropreson

Discussion Starter · #6 · Jul 10, 2013

this is so bull**** i have already spent 200 dollars on appeals fingerprints and backround checks onmyself and now i have to pay a lawyer to get me my legally purchased gun... wtf is wrong with this picture?

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OrlandoDriver

· #7 · Jul 10, 2013

caropreson said:
this is so bull**** i have already spent 200 dollars on appeals fingerprints and backround checks onmyself and now i have to pay a lawyer to get me my legally purchased gun... wtf is wrong with this picture?

I realize your frustration situation sucks please lets us know how things work out with the Attorney. Hopefully things will work out.

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caropreson

Discussion Starter · #8 · Jul 17, 2013

notalawyer said:
Get a lawyer! A firearms lawyer!

Federal law states that any conviction where the possible penalty is more than one year is a disqualifier.

i really wish people would stop referencing 18 U.S.C.A. § 922...... all you doing is confusing people
if you read the definitions page of that law..(18 U.S.C.A. § 921(20))

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include--

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

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Shark1007

· #9 · Jul 18, 2013

Generally speaking a crime with over one year is a felony, (It is in Florida) that might be an issue. It might take a while, but you could do a public records request for the FDLE documents I'd get that rolling soon. There's a short time frame they have to respond to this request. If you can get a document from Mass that you are not prohibited there, it might help. Lawyer fees being what they are, you may be fixing to spend a lot of bucks. I have heard that FDLE disputes are lengthy and expensive.

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caropreson

Discussion Starter · #10 · Jul 21, 2013

Shark1007 said:
Generally speaking a crime with over one year is a felony, (It is in Florida) that might be an issue. It might take a while, but you could do a public records request for the FDLE documents I'd get that rolling soon. There's a short time frame they have to respond to this request. If you can get a document from Mass that you are not prohibited there, it might help. Lawyer fees being what they are, you may be fixing to spend a lot of bucks. I have heard that FDLE disputes are lengthy and expensive.

REALLY? in what universe?? there are many crimes with MAXIMUM sentences from 1-3 years in every state in the union?
i already have my fl and mass backround checks, i am not prohibited, just cant get an error from mass cleared up with FDLE, mass isnt going to send me anything other than my record, and its state of mass nics admins that i need to find a way to communicate with.... FDLE is ready to release my gun as soon as mass says i am not fed prohibited... but thanks anyways

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notalawyer

· #11 · Jul 21, 2013

caropreson said:
REALLY? in what universe?? there are many crimes with MAXIMUM sentences from 1-3 years in every state in the union?
i already have my fl and mass backround checks, i am not prohibited, just cant get an error from mass cleared up with FDLE, mass isnt going to send me anything other than my record, and its state of mass nics admins that i need to find a way to communicate with.... FDLE is ready to release my gun as soon as mass says i am not fed prohibited... but thanks anyways

In Florida, there are no misdemeanors that carry a possibly penalty greater than one year.
775.082

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

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BeanTownFan321

· #12 · Jul 24, 2013

Caporeson. Easy with the tude. We're trying to help, and we understand your frustration.

My suggestion is request a copy of all of your records from the state of Mass. They may take a few days, but you should have them. You can then submit them to the FDLE. You also need to contact an attorney to at least see what options you have. It's going to take some time. It's going to take some money too. It will not be an easy process, but it is something you need to do. Sucks, as it seems it's not your fault, but at least you'll get that cleared, as it could bite you if you apply for a sensitive job, such as in a port, or someplace like that.

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caropreson

Discussion Starter · #13 · Aug 16, 2013

well, 3 months, and two appeals and i have finally got my letter from FDLE, picked up my gun yesterday, and am waiting for my UPIN before i even try to buy another gun, what a back-asswards system....

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Earl 007

· #14 · Aug 16, 2013

I'm glad you finally won and got your gun . Maybe next time a private sale , what a nightmare . good luck !

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