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Posted: 8/20/2004 9:09:27 AM EDT
[#1]
If both incidents are still on your record, and that is why you got denied you can ask the courts to purge them from your record.
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Posted: 8/20/2004 9:11:03 AM EDT
[#2]
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Posted: 8/20/2004 9:11:04 AM EDT
[#3]
Options? Perhaps you could take up needlepoint until you mature a little more! |
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Posted: 8/20/2004 9:11:19 AM EDT
[#4]
You are clearly too dangerous to be allowed the privledge of firearms ownership.
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Posted: 8/20/2004 9:13:20 AM EDT
[#5]
Dont get me wrong I know I messed up ..but this is all atleast 5 years ago.. which is truelly not a long time . I have grown up a lot since then and would not put myself in these situations ..I am not trying to start a flame war.
I have never been in trouble for anything violent or drug related . I am just asking for advice. |
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Posted: 8/20/2004 9:13:28 AM EDT
[#6]
Privilege? It's a right, he just needs to grow up some! |
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Posted: 8/20/2004 9:13:59 AM EDT
[#7]
Change your life. Change your friends. Get a judge to hear your case.
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Posted: 8/20/2004 9:15:53 AM EDT
[#8]
Request an appeal form from the dealer. It is all YOU can do. Without an approved appeal form he cannot sell you a gun. Doesn't matter if it was only 5 years ago and you don't get denied for "messing around." Car theft would do it and deferred sentences don't mean jack. |
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Posted: 8/20/2004 9:17:03 AM EDT
[#9]
I am 97% sure that is just his sense of humor, don't worry. |
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Posted: 8/20/2004 9:17:21 AM EDT
[#10]
In my case, I was charged with a crime at 13. The judge deferred the chanrges until I was 18. When I turned 18 and sent the judge a copy of my high school diploma, he dropped the charges. You may be able to do something similar for the stolen car thing, IF you were a minor at the time. As for the lottery ticket deal, was this a felony or misdemenor? If it was a felony, then you may have to wait 10 years from the time you completed your probation until you can petition the court to reinstate your rights. |
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Posted: 8/20/2004 9:19:41 AM EDT
[#11]
It's an Imbroglioism. The bastard contaminated the pool quite a bit. |
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Posted: 8/20/2004 9:19:51 AM EDT
[#12]
YOU SIR ARE A CRIMINAL!! Nah just kidding wait a few more years. Hope this didn't cost you much cash
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Posted: 8/20/2004 9:20:02 AM EDT
[#13]
"deferred sentence" does not = no conviction
That car theft thing was probably a felony. If you do have a felony conviction on your record, you probably had better get rid of all your firearms. Felon in possession is a major bust these days. If both the mentioned incidents were misdemenors, then there is no reason to deny you. Probably a case of mistaken identity. BTW, the reporting authority HAS to tell you exactly why you were denied. Find out from your FFL who did the check (state/federal) and contact them. |
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Posted: 8/20/2004 9:23:07 AM EDT
[#14]
I did some stupid stuff, it took 10 years for my record to be purged
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Posted: 8/20/2004 9:23:42 AM EDT
[#15]
5 years! |
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Posted: 8/20/2004 9:24:05 AM EDT
[#16]
Why is it always "a little trouble"?
Get the appeal form and good luck, hopefully you didnt lie on the 4473, because thats perjury and another crime certainly wouldnt help your new hobby. Kharn |
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Posted: 8/20/2004 9:25:09 AM EDT
[#17]
Time to hire a lawyer. You can pay for him by selling your illegally possessed firearms.
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Posted: 8/20/2004 9:25:44 AM EDT
[#18]
I think there is a certain class of violent misdemeanors that will also cause you to loose your gun rights. |
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Posted: 8/20/2004 9:26:23 AM EDT
[#19]
Yeah , the dealer told me to come down and pick up some papers and it will explain the appeal process.
So I am going down there today to pick up the paper work . Before attempting to get the gun I did call out local non-emergency police number and they stated that if they were defered and not actual convictions that they could not deny me ownership . I can't believe that I am getting so many negative responses .. as a American I was under the impression it was a right outlined in the constitution , right? yet so many of you are quick to respond telling me to grow up .. I did everything by the books I was not one of those people to go out and by one in the paper or a stolen one or even at a gun show. So cut me some slack I am simply asking for advise ... hinking.gif |
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Posted: 8/20/2004 9:29:30 AM EDT
[#20]
Both were considered felonies .. but does anyone know if a defered sentance is actually a guilty convictions? |
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Posted: 8/20/2004 9:30:14 AM EDT
[#21]
Domestic battery. Also there is no magic number of years before your record goes away. You will have this problem for the rest of your life if you don't fix it. I used to do criminal background checks for a living and we pulled up shit from before WW2 in some cases. Only juvenile records go away (but not always) so if you were 18 when it happened it is for good. |
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Posted: 8/20/2004 9:30:14 AM EDT
[#22]
Start the appeal process immediately. I asked my local dealer what she does when folks get denied the first time and she said she calls it in with additional information and they usually get approved at that step. I'm not sure how the process works but ask your dealer about it.
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Posted: 8/20/2004 9:30:45 AM EDT
[#23]
You would not have been given ANY sentence absent a conviction. |
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Posted: 8/20/2004 9:32:46 AM EDT
[#24]
Don't take the criticism so hard. Most people here (myself included) believe that gun ownership is an inalienable right. Everyone screws up, some worse than others. Take it more like encourangement to keep your nose clean! As for the gun, go through the appeal process, find out what the reason you were disqualified was and work toward getting your record cleared. It isn't the end of the world, and getting in trouble in the past doesn't necessarily make you a bad person. Good luck! |
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Posted: 8/20/2004 9:33:33 AM EDT
[#25]
Same thing happened to me a year ago trying to re-new my Illinois FOI card. I've had a card for 30 straight years. In Illinois, you have to renew your card every 5 years. I called the state police on it. They told me since 911, federal authorities are doing very serious background checks on all new renewals. They told me I had a conviction from 30 years ago, having to do with a "stolen" engine on a dirtbike. Went through court on that 30 years ago and all charges were thrown out. Had to go to that courthouse and pay $20.00 for CERTIFIED copies of the expulsion. Took them about a week to find the files from that long ago. Sent the CERTIFIED copies back to the state police. Got my card back within a week. Whole process took about 6 weeks though.Shows you how our federalies work...not well. I did see my old attorney to see if he had copies of the expulsion, but they only keep records like that for about 10 years, hence, he advised me to go to the courthouse.
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Posted: 8/20/2004 9:34:01 AM EDT
[#26]
That's my understanding. You appear to be a CONVICTED FELON - the type of sentence, deferred or not, doesn't really change that. As a conviced felon, you are not allowed to OWN firearms - it's not only a restriction on buying them through a dealer, but on their ownership altogether. |
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Posted: 8/20/2004 9:35:02 AM EDT
[#27]
You have now admitted to being a convicted felon on a public internet board. Secure a lawyer, get rid of the guns you do have, and ask a mod to trash this thread.
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Posted: 8/20/2004 9:35:09 AM EDT
[#28]
Cops don't know, ask a lawyer.
You are also probably a convicted felon in possession of illegal firearms. You are encountering negativity because you give gun onwers a bad name.
And by the book, as a convicted felon (if that is the case) you were denied. The fact that you obtained guns illegally previous does not mean you should have no problems getting them now. But to try and help you... 1. Do the appeal process so you know what you are dealing with. 2. Based upon that, if you are inelligible for firearm onwership, see a lawyer about what can be done. And finally try and understand this is what you sound like... "I smoke crack all the time and you are gonna bust me for some weed?!? Damn where is my freedom." |
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Posted: 8/20/2004 9:36:26 AM EDT
[#29]
However, you CAN get a judge to restore your rights. I believe that they generally require 10 years on the "straight-and-narrow" after you have completed your sentence. |
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Posted: 8/20/2004 9:37:33 AM EDT
[#30]
[Office Space] Watch out for your cornhole bud. [/Office Space]
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Posted: 8/20/2004 9:38:29 AM EDT
[#31]
 cold ... but funny.
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Posted: 8/20/2004 9:41:28 AM EDT
[#32]
Deferred sentence is not the same thing as deferred prosecution.
I had a deferred prosecution, and and adjudication witheld (separate instances). I had to do community service and probation for a certain amount of time or the judge would reopen the case and find me guilty. I can (and have) buy guns legally and obtain a Florida concealed weapons permit. You have a deferred sentence. Which means the judge found you guilty of a felony, and deferred your sentence based on some criteria (probation, community service, restitution, etc.) that you must fulfill in order not to go to jail. Understand the difference? You are seeing hostile responses for several reasons: 1) You are a convicted felon in posession of illegal firearms. You are giving gunowners and arfcom members a bad name. 2) You are evidently too dense to realize that you have one or more felony convictions. People this dense give gunowners and arfcom members a bad name. 3) You have posted all of the above on a public internet forum. By doing so you are giving gunowners and arfcom members a bad name. 4) You bought guns private party, and possibly risk the liberties of those that sold you the guns. By doing so you give gunowners and possibly arfcom members a bad name. Notice a patern here? |
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Posted: 8/20/2004 9:42:04 AM EDT
[#33]
Defferred and Suspended Sentences simply mean they decided NOT to throw your butt in jail but could have if they wanted to. It does NOT mean you weren't guilty of anything or convicted.
The problems you have now are part of the punishment of the conviction. And again, nothing expires after 5, 10 or 25 years. You need to see a lawyer if you want your rights back. Right now you are potentially looking at a triple felony. 1. Possession of firearms. You are not even allowed to hold one at a gun show let alone have "private sale" ones. 2. Perjury. I'm assuming you falsified the 4473. 3. Attempted purchase of a firearm by a convicted criminal. Add these up against your prior and you could be in deep doo doo. |
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Posted: 8/20/2004 9:42:47 AM EDT
[#34]
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Posted: 8/20/2004 9:45:36 AM EDT
[#35]
Ouch, good point. Boy, you sure can get an education at ar15.com, that's for sure!! |
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Posted: 8/20/2004 9:46:48 AM EDT
[#37]
Plus the fact that the judge could decide to send you to the slam for your previous sentences as well. If you have guns, I recommend that you get rid of them legally and quickly! Felon in possession of a firearm is a 5 year felony! The NRA has teamed up with prosecutors all across the country to make sure that people convicted of this crime do the full 5 years! |
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Posted: 8/20/2004 9:48:15 AM EDT
[#38]
My misdemeanor for getting caught with a joint took 10 years to go away. I didn't even get a fine, judge let me go on my own Recog(sp). He didn't figure me to be a hardcore criminal since that is my only arrest ever.
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Posted: 8/20/2004 9:50:32 AM EDT
[#39]
I think you very much misunderstood what the judge told you. It was my job for years to investigate people for just this kind of thing and 99% of them believed EXACTLY what you think, the reality was the record is there they were ineligible for all kinds of things. You need to know the exact dispostion of the case, I hope you had a lawyer. Contact him and find out what is what. Smart move getting the gun out of your house. By the way you indicated gun(s) [plural] originally. |
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Posted: 8/20/2004 9:53:27 AM EDT
[#40]
The fucking guns are not Illegal, it's the possession of them that is illegal, stop saying that the guns are illegal! |
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Posted: 8/20/2004 9:56:43 AM EDT
[#41]
You got that right Motown_Steve! It is a Right not a privilege...like driving or smoking. BigDozer66 |
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Posted: 8/20/2004 9:59:19 AM EDT
[#42]
Actually, if the gun is in posession of a felon, the gun becomes an illegal firearm. It would be confiscated and destroyed as an illegal weapon. |
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Posted: 8/20/2004 10:02:36 AM EDT
[#43]
I think that this guy is a  anyways. First he said that they were felonies, then he said they were not felonies. Which is it? |
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Posted: 8/20/2004 10:03:29 AM EDT
[#44]
first thing you need to do its get a background check on yourself and see what shows up. secong file an appeal with the fbi nics, get forms from your local ffl, 3rd and most important start contacting your elected official to ride the fbi's ass because their process is slow, expect to spend about 6 months on this.
good luck |
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Posted: 8/20/2004 10:08:03 AM EDT
[#45]
Hmm thats funny I know a guy who had his 92fs stolen and three days after that it was recovered by the police after a guy used it to stick up a strop n' rob. He got his gun back after the guy was tried and convicted of armed robbery. No destroying the gun. Being used in the commision of a crime does not make the gun illegal. There are spesific ways for a gun to become illegal. destroy the serial number is one. Configuring a post AWB rifle in a pre AWB configuration for non LE/military/.gov use, thats an illegal gun. But than according to some no gun is ever illegal because the 2A doesn't make acceptions for whats legal and whats not. |
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Posted: 8/20/2004 10:10:02 AM EDT
[#46]
Damn. Now I got a bad name here too? 
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Posted: 8/20/2004 10:10:29 AM EDT
[#47]
By request of Author.
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