 Kstanton
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Posted: 8/7/2012 3:26:22 PM
THE IMAGE ABOVE IS A PAID ADVERTISEMENT 
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olivers_AR
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Posted: 8/7/2012 3:44:58 PM
Look to get it expunged, talk to a lawyer about how to get it done.
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Kstanton
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Posted: 8/7/2012 3:47:17 PM
Originally Posted By olivers_AR:
Look to get it expunged, talk to a lawyer about how to get it done. You have to expunge a charge with no conviction? |
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Posted: 8/7/2012 3:55:17 PM
An arrest will stop a NICS check if the system has no record of the disposition of the charge.
If you are getting a NICS rejection, then you must go through the process of getting the NICS system to give you the information that caused the rejection, go to the court where the charge was initially filed and getting them to update the records to show the dismissal. Of course, if you were convicted of the charge, then indeed you have no recourse. |
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Aggie_Gunner
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Posted: 8/7/2012 4:00:30 PM
Help the ignorant... what is DV?
- AG |
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Kstanton
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Posted: 8/7/2012 4:03:08 PM
Originally Posted By spqrzilla:
An arrest will stop a NICS check if the system has no record of the disposition of the charge. If you are getting a NICS rejection, then you must go through the process of getting the NICS system to give you the information that caused the rejection, go to the court where the charge was initially filed and getting them to update the records to show the dismissal. Of course, if you were convicted of the charge, then indeed you have no recourse. Ok, thank you for that. A lawyer told him just being arrested meant he was forever screwed. I guess the only way to know is to try and buy a gun. |
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TLS1976
Right Wing Extremist
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Posted: 8/7/2012 4:03:22 PM
[Last Edit: 8/7/2012 4:05:53 PM by TLS1976]
nevermind
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Vulcan94
Proud to be a American كاف !
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Posted: 8/7/2012 4:04:53 PM
Originally Posted By Aggie_Gunner:
Help the ignorant... what is DV? - AG Domestic Violence Vulcan94 |
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Aggie_Gunner
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Posted: 8/7/2012 4:06:41 PM
Originally Posted By Vulcan94:
Originally Posted By Aggie_Gunner:
Help the ignorant... what is DV? - AG Domestic Violence Vulcan94 Ahhh... thank you. - AG |
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Bhart89
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Posted: 8/7/2012 4:11:49 PM
Originally Posted By spqrzilla:
An arrest will stop a NICS check if the system has no record of the disposition of the charge. If you are getting a NICS rejection, then you must go through the process of getting the NICS system to give you the information that caused the rejection, go to the court where the charge was initially filed and getting them to update the records to show the dismissal. Of course, if you were convicted of the charge, then indeed you have no recourse. Short of applying for a job with the ATFE |
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Posted: 8/7/2012 6:27:21 PM
Originally Posted By Kstanton:
Originally Posted By spqrzilla:
An arrest will stop a NICS check if the system has no record of the disposition of the charge. If you are getting a NICS rejection, then you must go through the process of getting the NICS system to give you the information that caused the rejection, go to the court where the charge was initially filed and getting them to update the records to show the dismissal. Of course, if you were convicted of the charge, then indeed you have no recourse. Ok, thank you for that. A lawyer told him just being arrested meant he was forever screwed. I guess the only way to know is to try and buy a gun. Then someone needs to find another lawyer as that is not a correct statement of the law. Unless "him" did not understand the advice correctly, which happens quite often ... For example, if "him" 's attorney was discussing a restraining order that came out of the case. Which is a different kind of disqualification for firearms purchase and possession. |
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MotorMouth
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Posted: 8/8/2012 1:19:13 AM
Originally Posted By spqrzilla:
An arrest will stop a NICS check if the system has no record of the disposition of the charge. If you are getting a NICS rejection, then you must go through the process of getting the NICS system to give you the information that caused the rejection, go to the court where the charge was initially filed and getting them to update the records to show the dismissal. Of course, if you were convicted of the charge, then indeed you have no recourse other than trying for an expungement or sealing some years later. |
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Posted: 8/8/2012 8:26:23 AM
Originally Posted By MotorMouth:
Originally Posted By spqrzilla:
An arrest will stop a NICS check if the system has no record of the disposition of the charge. If you are getting a NICS rejection, then you must go through the process of getting the NICS system to give you the information that caused the rejection, go to the court where the charge was initially filed and getting them to update the records to show the dismissal. Of course, if you were convicted of the charge, then indeed you have no recourse other than trying for an expungement or sealing some years later. Not necessarily, it varies by states but "sealing" for example does not remove a conviction in many states merely makes them not visible to non LEO. |
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MotorMouth
Highly evolved idiot
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Posted: 8/8/2012 11:25:15 AM
[Last Edit: 8/8/2012 11:27:37 AM by MotorMouth]
Originally Posted By spqrzilla:
Originally Posted By MotorMouth:
Originally Posted By spqrzilla:
An arrest will stop a NICS check if the system has no record of the disposition of the charge. If you are getting a NICS rejection, then you must go through the process of getting the NICS system to give you the information that caused the rejection, go to the court where the charge was initially filed and getting them to update the records to show the dismissal. Of course, if you were convicted of the charge, then indeed you have no recourse other than trying for an expungement or sealing some years later. Not necessarily, it varies by states but "sealing" for example does not remove a conviction in many states merely makes them not visible to non LEO. Sure, it will still be visible to LEO, but if you live in Ohio sealing the record of conviction does restore your rights. Whether that is the case elsewhere, I do not know. This being a DV case it may not matter depending upon the nature of DV conviction. It's all academic, anyway, because the scenario presented was that the DV charge was dropped. In this instance, I would ensure that the charges weren't dropped conditionally. i.e., in exchange for a restraining order. If that's not the case he'd need to ensure that NCIC and LEADS reflect that the charges were dismissed, if not expunged. In any case, an arrest for DV and nothing more does not mean that a person is forever barred from possessing firearms. |
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Bubbles
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Posted: 8/8/2012 11:44:02 AM
[Last Edit: 8/8/2012 11:45:45 AM by Bubbles]
Originally Posted By spqrzilla:
An arrest will stop a NICS check if the system has no record of the disposition of the charge. I've seen this with two customers. They both had a decades-old arrest (not DV related) but the charges were dropped, no conviction, no other criminal history. As the states play catch-up and enter this data into NICS, the arrest gets put in, but not the disposition, and NICS denies the transfer. One guy even had a CCW permit, the other is cleared. Both eventually did get their denials overturned on appeal but they eventually had to hire an attorney in the county where the arrest occurred to get the correct info entered into NCIC/NICS - it was not a DIY process. ETA: I'm assuming this is related to your other thread? |
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