License DENIED, but able to pass background check to buy.

Discussion in 'General GWL Questions' started by dlm3089, Jan 3, 2011.

  1. dlm3089

    dlm3089 New Member

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    Hello everyone,

    I applied for my license back in March of 2010. I received a letter concerning an hearing date in November of 20210. During my hearing, the Judge asked me about my previous arrests charges of DV. (Two were either dead-docketed years ago and the other I plead nolo under the First Offenders Act). Finally on December 30, 2010 I got my denial letter. The reason was... a DV Conviction & immoral character.

    It's a little confusing to me because I recently passed the background check to purchase a firearm from my local pawn. I had a delayed status, but after 3 days, I was able to complete the purchase. So if I really do have a DV conviction, I don't think I would have been able to purchase.

    I want to appeal the decision, but is there anything I should do prior to doing so???

    Thanks in advance!! :D
     
  2. JMan

    JMan New Member

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    You're able to buy but not carry .... No GWL sorry
     

  3. auburnfan04

    auburnfan04 New Member

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    The laws for getting a GWL are tougher than the ones regulating the purchase of a firearm. Not much you can do at this point, sorry for the bad news.
     
  4. dlm3089

    dlm3089 New Member

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    Wow... okay thanks!! Do you believe that it's because of actual charges, my pleading NOLO, or accepting the First Offenders Act.
    Also, would you say that this also means that I won't be able to obtain a permit from another state... Utah for example?
    Thanks!
     
  5. JMan

    JMan New Member

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    All the above
     
  6. auburnfan04

    auburnfan04 New Member

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    I believe they consider accepting first offenders or pleading NOLO an adjudication of guilt so that's why you were denied. Don't know about Utah
     
  7. JMan

    JMan New Member

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    Hang around maybe they will over turn it like they did with the drug charges :wink:
     
  8. Nullifier

    Nullifier Active Member

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    There is no easy way to say this..... but

    your post would be less un-nerving if it said something like "the DV charges were from a long time ago, I have learned my lessons since then and am much calmer now"

    As it reads, we are left wondering why you should have a gun in the first place, if you've been charged with domestic violence at least three times.

    I don't mean to sound judgmental, it's just that...well....
     
  9. JMan

    JMan New Member

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    I was going to mention this but since he is a noobie I didn't want him to run off mad at me . Glad you stepped in :lol: :lol: :lol:
     
  10. COMMANDER1911

    COMMANDER1911 New Member

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    charge me once, shame on you..... charge me twice, shame on me.....charge me thrice, well three times and you need to take an introspective look at yourself..
     
  11. JMan

    JMan New Member

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    :lol: :lol: :lol: :lol: :lol: :lol: :lol:
     
  12. Nullifier

    Nullifier Active Member

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    Everyone makes mistakes. We have people on here all the time that say "I did something stupid when I was younger...I got busted for smoking a joint when I was 18 and I grew up fast and never did it again"

    It's learning from those mistakes that matters. If the DV charge was 30 years ago, that's different than if it was last week, last month, or last year. If those charges were recent, then maybe the OP should not be carrying a gun.

    Sorry if I stepped on some toes here.
     
  13. budder

    budder Moderator Staff Member

    If you were allowed to complete the purchase after 3 days, that doesn't mean the NICS checks came back clean.
     
  14. dlm3089

    dlm3089 New Member

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    :) I can truly understand why one would feel like that, because there is a chance that I would think the wonder the same exact thing!! Especially with three of the same charges!!

    But I'll be the first to admit that I did make bad choices early in my life, but threatening or harming another person was never one of my bad choices. I got involved in a relationship with someone that my parents "Dearly" warned me about, and after we tied the knot, down the hill it went. I was NEVER the aggressor of any kind in our disputes. But myself being a man, I was look upon like the guilty party. Besides, I never understood why only one party was the predetermined guilty one!

    But anyways, that's been nearly 20 years ago... Also, the GBI can't think that I'm that much of a bad person, because they've allowed
    me to purchase two handguns. :)

    So, If I can't carry, it's a pill that I can easily swallow.
     
  15. Adam5

    Adam5 Atlanta Overwatch

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    VIf you are a GA resident, a Utah license will not help you. GA residents can only carry in GA on a GA license unless you are exempt as military or LEO.
     
  16. tmoore912

    tmoore912 Just a Man

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    And when you did this:
    I bet no one advised you that you would be giving up a right for a lifetime. Men who get caught up in crazy relationships and these kinds of charges are brought up, get mainly screwed.

    Here is some interesting reading: http://volokh.com/2010/12/30/big-second ... demeanants
     
  17. CountryGun

    CountryGun New Member

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    There's your answer. Join the military. Honestly, have you thought of asking for an appointment with probate judge? If your history is twenty years old, and you've been in a stable relationship, with character witnesses standing by, you might consider a visit with the judge. Just sayin' that some judges are able to see beyond a record.

    On the other hand, and if you still have issues with women and temper, don't trouble us anymore. It's a lost cause. I know people, some people, can change. Some get religion, and some get control, and some get a conscience. Still others get all three, and I believe many judges have a sense of all three. If you've honestly changed, continue your fight. If you, in your heart, know you're still capable of violence in a relationship, forget it. You won't find much support here.

    People who plead nolo often do not understand the lifelong ramifications. it's possible you made a mistake, and until we know more you'll find ears amongst us.
     
  18. elandil

    elandil Redneck Engineer

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    Sorry, but i gotta raise the :bsflag: on this one.

    If you pled NOLO on a DV charge, that would have to mean the DV charge was a felony. And, you honestly want us to believe you accepted a Felony DV charge without being guilty? Sorry, not buying it.

    Also, NOLO First Offender in itself would not disqualify you from receiving a GWL. If anything, it might be denied for an extended period at the discretion of the judge. But, with it being 20 years ago, it would not be a disqualifier.
     
  19. GAGunOwner

    GAGunOwner Active Member

    Every state has different laws. Since you were able to legally buy a handgun through
    a FFL you may be able to find a state out there that will issue you a carry permit. However, as a Georgia resident you will not be able to carry in Georgia on an out-of-state permit. When you leave Georgia, you could carry in other states that honor such a permit.

    I do not recommend the following at all but even though an out-of-state permit would not be valid for carry in GA by a GA resident you might be able to b.s. an ignorant LEO or find sympathy from a very pro-gun LEO if you had a valid one. Better than carrying with nothing. YMMV. IANAL. I do not recommend violating the law in anyway. Just throwing out hypotheticals. Not a good idea to try this.
     
  20. GAGunOwner

    GAGunOwner Active Member

    Really? It means that little to you?

    Honestly, I'd get cleaned up and make an appointment with the probate judge. I'd bring my wife/girlfriend along as well and plead my "case" before I'd just give up.

    If that doesn't work then I'd do some research on other state's permits and get one if I could and use that to carry whenever I leave Georgia and visit a state that would honor that permit.