Background denial

[igboyd]

I attempted to purchase a firearm today and was denied by the colorado criminal background check system.

The only thing I can think of that would cause such a thing is an error. I did plead guilty in 1998 to an amended class 1 misdemeanor (arizona, not domestic violence, 6 mos maximum penalty) in 1998. I checked the disposition with the jurisdiction in question this afternoon, and there is nothing outstanding. The case is closed and has been for some time.

My understanding is that the maximum penalty must be one year. Therefore, this does not apply.

Is this correct?

[pickenup]

Their words.....

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year

So it looks like you are correct.

There is an appeal process.
Do it and ask why you were denied.
Most times it is an error on their part, and works out, if you take the time to do it.

[Batteriesnare]

From what I understand, you should have been okay. I did find this however on the CBI webpage, which should help you appeal the denial:

http://cbi.state.co.us/ccw/Statutes/24-33.5-424.asp

(5) (a) Upon denial of a firearm transfer, the bureau shall notify the transferor and send notice of the denial to the NICS system, pursuant to 18 U.S.C. sec. 922 (t). In addition, the bureau shall immediately send notification of such denial and the basis for the denial to the federal, state, and local law enforcement agencies having jurisdiction over the area in which the transferee resides and in which the transferor conducts any business.

(b) Upon denial of a firearm transfer, the transferor shall provide the transferee with written information prepared by the bureau concerning the procedure by which the transferee may request a review of the denial and of the instant criminal background check records that prompted the denial. The bureau shall render a final administrative decision regarding denial within thirty days after receiving information from the transferee that demonstrates the transfer was improperly denied.

(c) In the case of any transfer denied pursuant to paragraph (b) of subsection (3) of this section, the inability of the transferee to obtain the final disposition of a case that is no longer pending shall not constitute the basis for the continued denial of the transfer so long as the transferee provides a letter signed and verified by the clerk of the court or his or her designee that indicates that no final case disposition information is available. Upon presentation of such letter to the bureau, the bureau shall reverse the denial.

(d) If the bureau reverses a denial, the bureau shall immediately request that the agency that provided the records prompting the denial make a permanent change to such records if necessary to reflect accurate information. In addition, the bureau shall provide immediate notification of such reversal to all agencies and entities that had been previously notified of a denial pursuant to paragraph (a) of this subsection (5).

[igboyd]

Thanks for the info and confirmation. I do intend to appeal.

A search around the forum indicates what may be a couple of caveats:

http://www.co-ar15.com/forums/showpo...0&postcount=13

First of all, I plead. BBAdmin indicates if the original charge was punishable by more than 1 year that is grounds for denial. Though he mentions deferred sentence rather than a plea. If this does apply to a plea, that seems to me to be kind of wrong. That leaves a citizen at the mercy of the whims of a DA. Though what is just and what is the law are two different things for another discussion.

Secondly, the plea was for possession of marijuana (8.77 grams). BBAdmin indicates that they could deny on this basis as that may indicate an "unlawful user of any controlled substance."

If the first case applies, is there any recourse other than pardon from governor?

If the second case applies, how does one go about proving that they are no longer an unlawful user of a controlled substance? Do you all know of any cases where this has been successfully appealed?

And finally (edited) how long do these appeals processes typically take?

[theGinsue]

Keep in mind that a "plea" is nothing more than pleading guilty in order to gain a lesser sentence. For misdemeanor charges, this lessor sentence is often a "deferred sentence" which means that you have still been convicted of the crime in question.

In some cases, part of the plea is that the charges will be "dismissed" IF you abide by the terms of the conviction/deferred sentence for a period of time specified in the sentence. This occurs on a case-by-case basis and is always specified at the time the pleas is offered/accepted. If this happened in your case it will be in your court paperwork.

This denial is just another example of how the government is using one-time misdemeanor charges to prohibit people from ever legally owning a firearm.

[Tristan]

Colorado's system is really messed up. My brother worked there (but in the ICTF).....there are over 600,000 "inconsistencies" on peoples records he said. It might just be one of those. However, if you have a pending charge or an FTA or an unpaid ticket you can get denied, too. You might want to scan your memory and see if you have anything outstanding that has not been taken care of yet. The DMV's system is even worse. This includes warrants and such from other states, too.

[igboyd]

Thanks again, do appreciate the response.

In regards to my first question about conviction vs. original charge, I think I'm just going to have to see a lawyer and perhaps go as far as seeking a pardon. Plead guilty to a lesser charge, not a lesser sentence, that I wouldn't think would fall under the federal prohibition but who knows. This was my first purchase, and perhaps I was just denied with the hopes I wouldn't appeal.

As to my second question about a 11 year old minor drug conviction indicating current drug use, I found a bit of information (http://www.ttb.gov/rpd/tdatf391.htm) that I'm posting here for future use by others in similar circumstances:

An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year, or multiple arrests for such offenses within the past five years if the most recent arrest occurred within the past year.

[igboyd]

Thanks Tristan -- I am hoping for an inconsistency. Perhaps a lack of communication between states/feds. I don't *think* I have any outstanding tickets. But then again, if I did, I would've taken care of it already.

As an aside, I've been going over this forum and others trying to determine likely outcomes and I'll tell ya all, I'm kinda shocked by what I see. As mentioned, this is my first purchase. I would never of thought that I would have to jump through so many hoops in order to exercise rights "guaranteed" by the second amendment. And I'm not even trying to get a CCW. I purchased a shotgun. What the heck.

It leaves me wondering how well received (by the press, and others) it would be if one had to jump through similar hoops to exercise first amendment rights. My guess is not well at all.

As a second aside Tristan, off topic, I noticed how your sister-in-law has been infected by hep C at Rose. I'm terribly sorry. My wife gave birth by c section to our first daughter in April at Rose. After this disgusting individual was presumably let go, but I'm nevertheless sweating bullets.

[Tristan]

Oh, man! That sucks! I hope your wife and new baby are okay!
Though they offered my sister a settlement, it didn't include medical treatment-be careful and I'll pray for you guys!

[gnihcraes]

A friend was recently denied, just weeks after receiving her CCW permit. Turns out, her daughter got a bunch of parking tickets in the car that is registered to my friend. They paid off the parking fines, took the car back and all was good.

It could be something that simple... unpaid fine somewhere or similar item.

Appeal.

Kc.