firearm denied

Discussion in 'GA Laws and Politics' started by brian6839, Nov 26, 2006.

  1. brian6839

    brian6839 New Member

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    i live in habersham county georgia and applied for a shotgun at a local wal-mart i havent bought a gun in 16 years and was denied i have sent an e-mail to the fbi asking why i was denied but i can tell you that i have no felonies or mental illness or sex crimes although when i was younger i did alot of drinking and fighting bit no felonies anyway whi9le i wait for the fbi to respond to my e-mail can anyone tell me if i can have my rights restored and can i borrow a shotgun from a friend for hunting since i am niot a felon
     
  2. SheriffOconee

    SheriffOconee New Member

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    There are any number of reasons. You can go to your local Sheriff's Office and request that they do a GCIC check of your background. They may or may not charge you for it. I am sure the answer to your question will be on the printout you receive
     

  3. foshizzle

    foshizzle New Member

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    I just stumbled on your post... how is it going with your appeal?

    I was denied a firearm purchase while living in Georgia. Turns out that the NICS examiner must have been in a bad mood, because after a number of purchases over a few years, I was suddenly denied.

    I went through the entire NICS appeal process. Long story short... after almost 5 months, I finally got my pistol. That is the primary reason I wanted my GFL... so this crap wouldn't happen again. It hasn't :D.

    If you need any info, let me know... I know ALL ABOUT NICS... lol. I can assure you that they make PLENTY of mistakes. Sad thing is.. after the 5 months I went through all this drama, they STILL never admitted anything wrong. No "We made an error", or "We are sorry"... just a "You are now approved". Stupid government drones.
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    SALE DENIED-- Can I Borrow a Gun ?

    If you were denied the sale at Wal-Mart based on a criminal records check, you can assume that the government thinks that you are a person who is prohibited by law from possessing firearms, and they think they have some evidence of that.

    Now if you disagree with them and you're right and you can prove it, and they can't prove it for their side, you would not be breaking any law by borrowing a gun. But what a risk you would be taking! What if they are right and you actually do fit into one of the dozen-or-so categories of people who can't legally have guns? Borrowing one is still possessing it, you know. Just holding it in your hands on the day you use it for hunting, even if you give it back to the owner before sunset that day, means that you "possessed" it that day. Both federal and state law make it a felony for a prohibited person to "possess" a firearm, regardless of who "owns" it.

    Consider also the risk that you could be wrongly arrested based on the government's mistaken (though reasonable) belief that you were a prohibited person. Though you may never get "convicted" (or maybe you would be, but would win on appeal), think of all the expense, time, and trouble you would have to go through. Criminal history checks are often inaccurate, and everybody in law enforcement and the courts know that. But it is generally reasonable for a cop to believe what's written on your GCIC report, at least when making a decision in the field as to whether or not he should arrest you.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    email to the FBI is not the right way to appeal this. The system seems to kick out a lot of people that are not disqualified. This happened to a relative of mine who had something in his record in error. The kicker was that even if the record had been correct, it would not have been disqualifying! His pruchase was held up for a few days while we got it straightened out.

    I always keep this example in mind when I see the statistics on how many "denials" the government trumpets.

    :roll:
     
  6. foshizzle

    foshizzle New Member

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    Actually, sending an email is probably the only quick thing about the appeal process.

    In the past, you were required to request the reason for your denial in writing. Now, it has been amended to allow you to request the reason via email. Of course, they still snail mail you a response, but you probably save 3 days or so on the front end.

    If anyone ever needs or is interested in the appeal brochure.

    http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm

    As far as denials that are overturned, that information can be found buried in the 2005 operations report for NICS. These operations reports are interesting reading material.

    http://www.fbi.gov/hq/cjisd/nics/ops_re ... rt2005.htm

    2000 - 21% of appeals overturned
    2001 - 29%
    2002 - 31%
    2003 - 37%
    2004 - 27%
    2005 - 17%

    On average, they are wrong roughly 25% of the time as far as appeals go. And barely 20% of people who are denied even bother to appeal. It's a small portion of the millions of people who are approved outright, but it's still real lives affected nonetheless.

    My math is right on these too... I copied and pasted and used a calculator instead of using my mind. :wink:
     
  7. Foul

    Foul New Member

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    It's pathetic that anyone has to ask permission from the Imperial Federal Government to own a firearm.
    The 2nd is VERY plain and easy to understand to me.