Denied purchase in Rock Hill SC

R

Ron Gensemer

New member
First off, thanks in advance to anyone who can help me or offer constructive advice.
Earlier this month I bid on an online auction and placed the winning bid for a Browning Buckmark 22. The Arizona auction house sent the weapon to The Sportsman Shop (FLR) and I went into pick up yesterday, filled out a Form and the dealer called NCIS and I was denied. The only thing I know of happened 47 years ago when I was convicted of car theft and served a 9 month sentence in a Federal Prison, was released on probation and filed for and received a complete pardon from State of Alabama restoring my civil and political rights in 1965. Now this was embarrassing to say the least, now I am a retired Grandfather with a clean record with 4 children and haven't even thought of this for forty some years. All this is leading to what must I do to purchase my weapon? I understand there is an appeal process: I was given an NTN # and have electronically requested the reason for denial, so where do I go from here to stand any chance of a successful resolution? This just doesn't seem right especially when I have purchased handguns in the past (15 years ago)
Is this 47 year old conviction enough to deny me forever even with my pardon? I am beyond frustrated and have clue what do do. Please help me if you can?
Also, worse case, what happens to the firearm I bought and paid for if I cannot be approved? Alternatively, could one of my children (adults) legally be approved and take possession? Thank you
 
You need to get the reason for denial before you start what if'ng! Get the reason and post that. More can be said after that...I'm just sayin
 
If it were actually a 'pardon', I don't see why a clarification and review of your record wouldn't put you back on track.

When they do those NICS checks, any little glitch, no matter how insignificant, you are denied.

Keep the faith and just do the paperwork before you start freaking out.

As far as having someone else receive the weapon, I think that would be looked upon as a straw sale and that would be illegal. I'm not a lawyer but before you start asking the Gun Shop owner for a way around the situation, read the law and determine how it affects your prediciment.

KK
 
I'm not for certain but you may want to look further into it, but to my understanding even with a pardon or expungement at the state level there is still a federal record, due to the fact that a state judge cannot order an expungement or destruction of records at a federal level, but like I said look further
 
It is an official Pardon granted by the State of Alabama. Somehow I;ve managed to keep up with it locked in my safe. It's actually has a record number with the State seal. I wonder why the pardon did not appear during my background check with it being official and all seems it would have nullified my conviction?
 
I had a problem almost 2 years ago when I was going to get my permit to acquire handguns and was denied due to an alleged Psych confinement that never happened. I got the NTN # from the Sheriff and was told by the local sheriff to call the FBI. The number I got for NICS was 1-877-324-6427 and talk to someone there and they might tell you why you were denied, but I am not sure as I found out why from the Sheriff when I talked to them about my denial. They will mail you out a Fingerprint card that you can take to your local Police Dept to get your finger prints done. You send the fingerprint card in with an appeal letter to NICS Section of the FBI. It takes 4-6 months to get the appeal results back and they will state if you are able to purchase the weapon or not. If they come back with an unfavorable you will have to deal with the place you bought it from or the place who is holding it to find out your options. I hope this helps a little.

Good luck,
Eric
 
And at the same time if all records were destroyed there is no record of the expungement or pardon except for your personal copy , which is why its important that you maintain control of it
 
My conviction was Federal - Interstate Transportation of a Stolen Vehicle. After I served 9 months I was released on 3 year probation to Alabama but I received my pardon after only 6 months on probation. It clearly states my civil and political rights were restored. Since I've voted in federal elections for the past 44 years, served on Federal juries and had business dealings with the federal government it would would seem my pardon covered both state and federal?
 
Thanks. I have a couple of friends with the Sheriffs Department I could ask for help. But I really don't want to play that card unless it's the last one. 4 - 6 months sounds like an awful long time to render a decision. It took them 10 minutes to deny but 4 - 6 months to decide. I hope you are wrong, even for a government decision. I went to NCIS web site to request reason for denial and was asked if I wanted to submit fingerprints. In this case it doesn't seem necessary since my name is uncommon. I think I'll try the number you posted, can't hurt and thanks again.
 
Straw purchase is an illegal act in which a qualified person ( person with no criminal record) goes thru the necessary background check and obtains a firearm and exchanges it with a person who would not be able to obtain a firearm legally on his own account due to criminal history
 
If you have a Concealed Handgun License already it's either a glitch in the system I would think, a typo during the application trasmittal maybe or dare I say Obamaification! just sayin...
 
If he had a concealed weapons permit already, he would not have had to go through the NICS background check. Staight paperwork and that's it.

KK
 
Sometimes people with no issues at all get denied by NICS. It happens if they have a busy day with lots of checks being run or if something happened elsewhere that's completely unrelated. Have you looked into ut further or tried again?
 
Yesterday was a busy day for sure. I don't think I can try again but I am following the appeal instructions and have made my first contact online to NCIS. Does anyone know what the NCIS criteria is? If you appeal a 47 year stolen car conviction is this held against me forever ie., "a criminal is still a criminal" does not matter that in all that time you have not had another conviction as far as NCIS is concerned whether you robbed a bank or stole a car you are a criminal and not able to purchase a handgun or is there a human factor that says - hey it's been 47 years and he's been a good citizen, let him buy a pistol? How do they decide?
 
I don't think you're gonna get any answer here except those that will give you hope and those that will make you cry.

This is not the place to get a good answer and one person's story may not correlate with another's.

The best info you can get is from a lawyer who has experience with this type issue.

Wait till you can talk to someone the first of the week and take anything you may hear here with a grain of salt, that is of course unless you hear from NavyLCDR, then your golden. He's an expert on EVERYTHING! :):)

KK
 
I would first check to make sure your SSN and name was correctly put into the NICS. Then like others say ask for the exact reason for the denial and go from there
 
Keykutter said:
I don't think you're gonna get any answer here except those that will give you hope and those that will make you cry.

This is not the place to get a good answer and one person's story may not correlate with another's.

The best info you can get is from a lawyer who has experience with this type issue.

Wait till you can talk to someone the first of the week and take anything you may hear here with a grain of salt, that is of course unless you hear from NavyLCDR, then your golden. He's an expert on EVERYTHING! :):)

KK
Click to expand...

Thanks for your help. I believe you are right on all counts, I wound up here when I did a google search as this topic had been discussed in the past. Right now I am willing to listen to all opinions and advice . I hope I am smart enough to navigate through the good and not so good. Wish me luck.
 
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