View Full Version : Denied purchase by CBI
In the early 70s I had what we called narcs chasing us because they saw us smoking a joint in the car. I had about about an 1/8 ounce of pot on me and threw it out the window. They arrested me even though they could not find the bag I threw out the window by saying (even though we were haulling ass around corners) that they saw me throw something out the window with a green substance in it right....Well I was young and dumb and had an assigned attorney who told me to stupidly plead no contest which I did and the charge was reduced to a misdemeanor and I got 2 weekends in jail along with a years probation. I have not had a run-in with the law since. I tried to buy a gun and was denied, went through several appeals with the CBI along with many calls to there denver office, the more I tried to reason with them the more they dug in there heals. Here is there last communication with me:
According to federal law (18U.S.C.A. 922 (d) (1) and or state law (crs 18-12-108). The transfer of a firearm to a person who has been convicted of a crime punishable by imprisonment/probation for a term exceeding one year is prohibited, regardless of whether the crime was a felony or a misdemeanor.
This information is being furnished to the US bureau of alcohol tobaco firearms and explosives.
Your approval is denied.
From what I have read in looking up the above laws I see nothing that refers to anything other than a felony.
I would like to hear some input on this and what I might have to do to resolve this. I don't have 1000s of dollars to spend on attorneys. This happened in Arizona where I grew up and I know that if I were to get an arizona liscense I could legally buy a gun there with no issues so this is being led by the CBI and no one else.
Any help from this boards knowledge base would sure be appreciated. I feel my rights and civil liberties are being trampled on.
input please
drift_g35
05-15-2015, 09:52
This is odd. I made a few mistakes as a kid too and spent a few years on probation... 16 - 22 with a small gap in between. I got denied my first time because my charge when I was 16 was a felony. I went to court after my denial and sealed my record and havent had an issue since.
This was all in Colorado.
Great-Kazoo
05-15-2015, 09:52
Supposedly the feds will release / drop any old felony charges (NON-VIOLENT) that are 10+ years or more. I know 1 guy (personally) who was able to get his stuff closed (what ever the term is) and can own a firearm. He did spend a few $$K on an attorney to deal with it. When you have an issue like this you're going to spend money to get it resolved. 1 question is Can you vote? If so You're not a felon, which should be pointed out to CBI.
drift_g35
05-15-2015, 09:54
Supposedly the feds will release / drop any old felony charges (NON-VIOLENT) that are 10+ years or more. I know 1 guy (personally) who was able to get his stuff closed (what ever the term is) and can own a firearm. He did spend a few $$K on an attorney to deal with it. When you have an issue like this you're going to spend money to get it resolved. 1 question is Can you vote? If so You're not a felon, which should be pointed out to CBI.
until they go "oops" and take away his voting rights!
I can vote, as stated it is NOT a felony and i have owned guns all my life, most purchased before the 90s. My issue is i saw nothing that says anything about anything besides being a felon which I am not and my records say such. I guess I am asking how to go about clearing this up as in what would be the best approach. The ACLU are probably to liberal to take on such and it is not headline worthy for the nra. Is there an attorney anyone knows of that I might consult with that is reasionable with there charges and might be able to give some solid advise. I am a little pissed right now being denied for what I consider no good or valid reason, just some idiots interpretation of a law. I would understand if I was convicted of a felony but I was not. I want to move forward and get a ccw but this will infringe on my right to do so.
From what I see in the laws referenced above it does say something about being incarcerated for a year but nothing about being on probation,,,as stated i spent 2 weekends in the local facility.
colorider
05-15-2015, 12:58
"Punishable" is the key word in the law. Doesn't matter what punishment you got. Tricky stuff. Hope you get it cleared up. Dealing w this shot is not fun as the gubmint offices show no interest in helping. Had to deal w the exact same thing many years ago. Lawyer had to get involved. Paperwork was never filed in my case and my file still showed I was a bad person. 14 years after the so called crime
You can probably got to court and have the record expunged, but the services of an attorney will be required. If the misdemeanor to which you plead "Nolo Contendere" carried a POSSIBLE sentence of a year or more, they are technically correct in their denial, regardless of the actual sentence meted out. Time to call a lawyer, and donate to the $y$tem.
Sorry OP.
Something is seriously wrong with the world when OP can't buy a gun because of a "stupid kid" mistake 40 years ago but Iran can have a nuke. I suppose there are people being paid to deny as many BGCs as possible in this climate.
drift_g35
05-15-2015, 15:14
You can probably got to court and have the record expunged, but the services of an attorney will be required. If the misdemeanor to which you plead "Nolo Contendere" carried a POSSIBLE sentence of a year or more, they are technically correct in their denial, regardless of the actual sentence meted out. Time to call a lawyer, and donate to the $y$tem.
I filled out the paperwork myself without an attorney and showed up without one and all went well... They just asked why I wanted it off my record and at the time i said I was worried it would interfere with my job if I needed security clearance. She said Ok and had someone print the paperwork for me then and there. Took maybe 10 min in the courtroom and then about 2 weeks for the paperwork to process.
did you have to do the paperwork in the state it happened,,,I would assume so. Maybe time for a road trip to my house in arizoona.
Bailey Guns
05-15-2015, 16:35
A felony is generally a crime where the offender can be imprisoned for more than a year. If the potential punishment was more than one year in prison for the crime for which you were charged it may be considered a felony.
Even the 4473 asks the question: 11 (C) "Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"
If that's the case, you're prohibited.
It is listed as a misdemeanor and not a felony.
BPTactical
05-16-2015, 08:05
It is listed as a misdemeanor and not a felony.
What your missing: "or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"
Bailey Guns
05-16-2015, 08:20
It is listed as a misdemeanor and not a felony.
I understand that. I gave the general definition of a felony because there appeared to be some confusion. However, there should be no confusion regarding question 11(C) on the 4473.
Question 11 (C) clearly states: "...a felony, or any other crime," for which you could have received a sentence of more than a year, even if you only received probation.
You posted in your OP:
From what I have read in looking up the above laws I see nothing that refers to anything other than a felony.
Then you posted CBI's response:
According to federal law (18U.S.C.A. 922 (d) (1) and or state law (crs 18-12-108). The transfer of a firearm to a person who has been convicted of a crime punishable by imprisonment/probation for a term exceeding one year is prohibited, regardless of whether the crime was a felony or a misdemeanor.
This information is being furnished to the US bureau of alcohol tobaco firearms and explosives.
Your approval is denied.
CBI's response clearly gives you the answer. It doesn't have to be a felony. You didn't have to serve more than a year. It looks like you're looking for an answer that will validate your feelings that you were wrongly denied and, in my opinion only, that answer isn't forthcoming.
You also said most of your guns were purchased prior to the 90s. That's before the insta-check system went into place so you wouldn't have been denied a purchase.
If you want a real answer, this isn't the place to be looking. You need to find out the specifics of the crime for which you were charged and plead to and find out what was the maximum sentence (even though you only were sentenced to weekends and probation). You probably need an attorney if you really want to get to the bottom of this.
Agreed. This is not the place where you will receive an answer to your legal question.
CBI denied you. That is where I would start.
https://www.colorado.gov/pacific/cbi/appeal
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