• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Pawn shop and my AR..denied pickup?

Beckers3405

New member
Joined
Mar 1, 2019
Messages
12
Ya..and the thing that gets me is only "liscened dealers" can run this check! And in order to run the check..shouldn't the identity verification process be the same? I mean ...it's all done via the internet!! What does he provide them that I couldnt? I mean..it is my property after all!
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,702
Location
Cincinnati, Ohio, USA
Ya..and the thing that gets me is only "liscened dealers" can run this check! And in order to run the check..shouldn't the identity verification process be the same? I mean ...it's all done via the internet!! What does he provide them that I couldnt? I mean..it is my property after all!
No, it is not your property. The feds don't look at it that way. Once that pawnshop took possession of that firearm it went into their inventory, they own it. All you're doing is buying a firearm. All you had was an agreement to purchase that firearm within a 30 day period. After that 30 day period you forfeit the right to purchase.
 

Beckers3405

New member
Joined
Mar 1, 2019
Messages
12
Well..actually the loan is for 90 days.. The paperwork states that the loan is for an item that is registered in my name..otherwise i wouldn't have been able to Pawn it.. No matter if it is a rifle or a gold ring.. If it wasn't my property..i wouldn't be able to Pawn it.. So..having said that..i think its a fu*@$ng scam that the feds are setting up to prey on us less fortunate gun owners who are forced to do what i did to slowly but surely disarm the citizens one person at a time..
at
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,702
Location
Cincinnati, Ohio, USA
Well..actually the loan is for 90 days.. The paperwork states that the loan is for an item that is registered in my name..otherwise i wouldn't have been able to Pawn it.. No matter if it is a rifle or a gold ring.. If it wasn't my property..i wouldn't be able to Pawn it.. So..having said that..i think its a fu*@$ng scam that the feds are setting up to prey on us less fortunate gun owners who are forced to do what i did to slowly but surely disarm the citizens one person at a time..
at
In correct. The gold ring went to the pawnshop. The firearm went to a federally licensed FFL. Two different entities. Under the law they are treated differently.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,525
Location
Fairborn, Ohio, USA
We are a single business. We have an FFL. The FFL is not a separate entity from the rest of the business. The portion of the store that conducts firearms business has additional rules that must be followed, but we are still one single store.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,702
Location
Cincinnati, Ohio, USA
We are a single business. We have an FFL. The FFL is not a separate entity from the rest of the business. The portion of the store that conducts firearms business has additional rules that must be followed, but we are still one single store.
You are correct, they are treated differently.
 

FreedomVA

Regular Member
Joined
Jul 25, 2017
Messages
591
Location
FreedomVA
When you pawn something, don't you still retain the property rights until you default or surrender the property?
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,266
Location
Kentucky
When you pawn something, don't you still retain the property rights until you default or surrender the property?

Not a gun. Your back to being background checked and other unconstitutional infringement.

Want to play it smart , don't buy from dealers and never ever pawn a gun.
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
Did you get a denial #?

Reasons NICS Background Checks are Denied or Delayed
A "Denied" message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information of a record containing a state or federal prohibition.

A "Delayed" message from the NICS indicates the subject of a NICS background check has been matched with a similar name and similar descriptive information associated with a record containing a potential state or federal firearm prohibition. The NICS Section must obtain additional information before making a final determination of a Proceed or Denied for the firearm transfer. The NICS Section is afforded three business days in which to conduct this research. If the NICS Section is unable to provide either a Proceed or Denied response to the Federal Firearms Licensee within three business days, the Brady Handgun Violence Prevention Act of 1993 does not prohibit the Federal Firearms Licensee, or FFL, from transferring the firearm; however, the FFL is not required to do so.

A federal prohibition would exist for any person who:
  • Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
  • Is a fugitive from justice
  • Is an unlawful user of or addicted to any controlled substance
  • Has been adjudicated as a mental defective or committed to a mental institution
  • Is an alien illegally or unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa
  • Has been discharged from the Armed Forces under dishonorable conditions
  • Having been a citizen of the United States, has renounced U.S. citizenship
  • Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner
  • Has been convicted in any court of a misdemeanor crime of domestic violence
  • Is under indictment for a crime punishable by imprisonment for a term exceeding one year
In addition to federally prohibitive criteria, the NICS must delay or deny firearm transfers based on applicable state law.
A delayed transaction will be purged from the NICS within 88 days from creation. The NICS Section recommends that you wait 30 days from the date initiating the check prior to filing an appeal on a delay to give the NICS Section’s staff time to complete the initial transaction. If your original background check is completed, the Federal Firearm Licensee will be notified with a final status.

 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
Yes. Y’all must learn a useful definition of felony / felon, such as liable to more than a year of state supervision.

That covers, for example, pretrial intervention, no trial, no conviction, no guns as a felon without conviction. I-ANAL!

Got a cite for that useful definition?

Does that useful definition apply just to WA or WI or is your statatement peanut butter spead across the general judiciary landscape?
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,525
Location
Fairborn, Ohio, USA
This question is going to seem harsh, but was the charge a felony DUI? If it was, then you cannot receive a firearm from an FFL, until the matter is resolved (other than with a felony conviction).

...
Becker, others have pointed out that the feds’ definition of “felony” is a crime punishable by more than one year. Maybe I should have asked: Does your DUI charge have any possibility of carrying a sentence of more than one year? If it does, you can be denied.

Barring repeat offenses or high levels of damage or injuries to others, I can’t imagine the charge having any possibility of carrying more than a year, but I don’t know the laws in your State.
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,912
Location
North Carolina
You need to look at your state DUI sentencing laws. In NC a DUI arrest or conviction can result in a denial. It does not matter your actual sentence, but what is the max possibility of sentencing.


The maximum punishment for driving while impaired in violation of G.S. 20-138.1 increased from two to three years in 2011. As a result, defendants convicted of misdemeanor DWI and sentenced at the most serious level—Aggravated Level One—are prohibited from possessing firearms by federal law. That’s because federal law prohibits firearm possession by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, though state law misdemeanors that are punishable by a term of imprisonment of two years or less are excluded from this category of disqualifying convictions. Because North Carolina law sets out a single offense of driving while impaired, which may be punished at varying levels, rather than six separate offenses, there is a question as to whether any defendant convicted of misdemeanor DWI on or after December 1, 2011 may lawfully possess a firearm, regardless of the level at which the defendant was actually punished.
 

Beckers3405

New member
Joined
Mar 1, 2019
Messages
12
The only thing that would have imposed a longer sentence would have Been if there were an accident..injury or death..and there was none of the above.
 

wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
Could you Beckers3405 during your DUI adjudication and buried in the legalese paperwork signed something with a clause called,

voluntary waiver of firearm rights?

WRC 9.41.092 1 Jan 19 > 1 Jul 19, 1(b) would/could/perhaps resulted in denial and/or delivery of your firearm.

Sidebar, after a review of the thread’s post i do not see anything about a NICS transaction referenced? Were you given one?
 
Last edited:

golddigger14s

Activist Member
Joined
Apr 27, 2010
Messages
2,064
Location
Lawton, OK USA
Well..i appreciate all your advice..I'll go thru the steps and see what happens..but like i said..i wish i could just call and actually talk to someone and see why I'm being denied. I mean..i am the registered owner.. It is my property! I have done nothing that should revoke my right!! I feel as tho I'm a victim of theft!
There is no registration in WA.........Yet.
 

Beckers3405

New member
Joined
Mar 1, 2019
Messages
12
Could you Beckers3405 during your DUI adjudication and buried in the legalese paperwork signed something with a clause called,

voluntary waiver of firearm rights?

WRC 9.41.092 1 Jan 19 > 1 Jul 19, 1(b) would/could/perhaps resulted in denial and/or delivery of your firearm.

Sidebar, after a review of the thread’s post i do not see anything about a NICS transaction referenced? Were you given one?
Yes..
When i was denied..the Pawn shop gave me the NICS denial form with the # needed to reference. Now i need to go get a copy of my fingerprints and send all that in.. As far as inadvertently signing that form giving up my rights...i sure hope Not!
 
Top