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9/19/2017 7:27:10 PM
Posted: 9/11/2003 1:26:21 PM EDT
[Last Edit: 9/11/2003 1:28:13 PM EDT by 223kid]
question: can unpaid parking tickets or, for that matter, misdemeanor warrants (FTA, unpaid traffic violations, etc.) result in a NICS denial?
Link Posted: 9/11/2003 1:39:38 PM EDT
[Last Edit: 9/11/2003 1:40:25 PM EDT by _DR]
Any offense that was punishable by one year or more in prison (whether actually served or not) and misdemeanor of domestic violence are the only non-felony offenses that should cause a denial.
Link Posted: 9/11/2003 1:50:34 PM EDT
ok. a buddy of mine was concerned because he has a lower on order from BM, but has an unpaid drinking ticket in NYC from last year. he was worried he'd have to drive all the way out to pay the ticket before filling out his paperwork for the receiver.
Link Posted: 9/11/2003 2:08:02 PM EDT
You can mail payments in too you know...he doesn't have to dirve anywhere.
Link Posted: 9/11/2003 2:24:29 PM EDT
I think, but don't quote me on this, is that parking tickets, for expired meters and parking in a handi zone and such are counted twoards the car, not the driver of the car. At least when I lived in New England it was like that. The Cheat
Link Posted: 9/11/2003 2:57:05 PM EDT
Pre NICS (Instant Check), an unpaid parking ticket would have caused a denial in Dallas. Do not think this is the case any longer under NICS, but if a warrant is issued for unpaid tickets, then the warrant would probably cause a denial.
Link Posted: 9/11/2003 3:12:30 PM EDT
[Last Edit: 9/11/2003 3:25:33 PM EDT by 223kid]
the exact circumstance was that he was issued a citation for drinking in public, and subsequently given a court date. the citation would (i imagine) amount to a minor misdemeanor, but he never bothered showing up for court and now more than likely has some kind of warrant in NYC. we're both unclear on how warrants and such really work, but i've heard some horror stories about NICS delays/denials for petty things like a person having been fingerprinted (which generally happens *anytime* you are arrested for *anything*) or having multiple unpaid parking ticket. i don't know how much of it is BS and/or paranoia, which is why i thought i'd ask here. ;) as far as mailing in the ticket, that might be worth looking into, but i doubt it's an option as he was given a court date without any kind of waiver. he's never owned a firearm of any kind, and it'd certainly be a shame if his first such experience is a mess of red tape.
Link Posted: 9/11/2003 6:48:21 PM EDT
[Last Edit: 9/11/2003 6:53:09 PM EDT by _DR]
Be advised, an individual can be denied for no reason other than he has the same name as someone who has been endicted of a felony. This happened to a friend of mine. It took him several weeks to get it cleared up, and they told him he would have to go through the same process every time. A Concealed Handgun License (CHL) is your best bet in this case if your state permits it, as you no longer need to go through NICS if you are a CHL holder in some states. A CHL entails a more thorough background check than NICS. I would think outstanding warrants could trigger a denial if they are reported to local LE(see below), and quite frankly, if someone has warrants out for their arrest for any reason, perhaps they should not be attempting to buy a firearm until the issues are resolved. "In many States, licensees initiate NICS checks through the State point of contact (POC). In some cases, the State POC is also the agency that does background checks for firearms transactions under State law." (source:http://www.atf.treas.gov/firearms/nlc/ffl/faqs_nics.htm#q2) In the end the only way to know for sure is to do the NICS check. Further on this subject: Federal Categories of Persons Prohibited From Receiving 1. A Person convicted of/under indictment for a crime punishable by imprisonment for a term exceeding one year, whether or not sentence was imposed. This includes misdemeanor offenses with a potential term of imprisonment in excess of two years, whether or not the sentence was imposed. 2. A person who is a fugitive from justice; for example, the subject of an active felony or misdemeanor warrant. 3. An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use of possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year. 4. A person adjudicated a mental defective or involuntarily commited to a mental institution or incompetent to handle their own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial. 5. An alien illegally/unlawfully in the United States or a non-immigrant who does not qualify for exceptions under 18 United States Code 922(y); for example, not having possession of a valid hunting license. 6. A person dishonorably discharged from the United States Armed Forces. 7. A person who has renounced their citizenship. 8. The subject of a protection order issued after a hearing of which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders. 9. A person convicted in any court of a misdemeanor crime which has an element or the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim. (SOURCE: http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm#bkchk)
Link Posted: 9/11/2003 10:36:33 PM EDT
2. A person who is a fugitive from justice; for example, the subject of an active felony or misdemeanor warrant.
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looks like a road trip this weekend, hehe. thanks for all the info
Link Posted: 9/11/2003 10:59:17 PM EDT
You can get a ticket for drinking in NY?!....Dam, all they do around here is throw your butt in detox(unless your driving of course)..............UNDERDOG
Link Posted: 9/12/2003 9:39:47 AM EDT
yeah, post-gulliani NYC is TICKET HELL.
Link Posted: 9/12/2003 4:24:29 PM EDT
[Last Edit: 9/12/2003 4:24:59 PM EDT by _DR]
Good luck with the transaction!
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