Denied purchase by CBI

[clark]

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]

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]

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]

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!

[clark]

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]

"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

[TFOGGER]

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.

[drift_g35]

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.

[Skip]

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.

[clark]

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.