So it turns out I'm a criminal with no rights.

[Freedom1Man]

The background checks may seem like a joke to you but they are the law. Don't like it? Try get the laws changed. Just complaining about them or trying to ignore them does nothing except probably get you deeper in the hole.

Oh really?

Please cite the law showing that the OP was supposed to be subject to a background check in this case.
So far none have done so.

Oh, and if you goof up I will pull up the law yet again.

 

[DryBones]

are you saying an FFL does not have to run a form 4473 or a NICS background check? person to person sale is a different story, perhaps the OP could shed some more details on the sale in question?

Nevermind. 2nd sentence in the OP stated the "dealer" and that the OP failed the background check.

 

[Freedom1Man]

are you saying an FFL does not have to run a form 4473 or a NICS background check? person to person sale is a different story, perhaps the OP could shed some more details on the sale in question?

Nevermind. 2nd sentence in the OP stated the "dealer" and that the OP failed the background check.

You make the claim you cite the law.
I can't find any law requiring a background check be done unless it was from one federal land to another (eg from one military installation to another or to/from DC or military installations).

It will be in what, Title 18 USC? Either way, back up your claim.

 

[DryBones]

so are you saying that the Code of Federal Regulations Title 27 478.124 was never voted on as a law and that somebody just keeps making up these rules on the fly?

 

[DryBones]

Where are the lawsuits against these regulations then? Any SC rulings upholding them?

 

[WalkingWolf]

Part of Obama's executive orders was state reporting of mental health, even when no judge was involved. My wife has a friend who lost her firearm rights over agreeing to be evaluated. Her boyfriend decided it was a hassle free way to break up with her while he was out of state to have his brother make a phone call for a welfare check on her. She refused to let the sheriffs office enter, which let to a standoff, which led to a entry, and she dumbly agreed to go to the hospital under threats of arrest. She did nothing wrong. The irony is all the guns in the house belonged to the BF, and he lost everyone of them, because now he is restricted for filing a false police report, as well as his brother.

I told her to fight the restrictions and get her rights back, but like many citizens she does not have the will to fight the government. Get sent to the wacky ward even if one signs themselves in, they are now in NCIC. I suspect highly that OP was denied for MH.

 

[WalkingWolf]

Where are the lawsuits against these regulations then? Any SC rulings upholding them?

And you probably won't because even the conservative judges consider them "reasonable".

 

[palerider116]

I saw the mention of domestic violence charges. What were the final dispositions for these charges? Convictions on DV is a disqualified under the Lautenberg amendment. Did you take first offender status and have a deferred disposition? Even if they were dismissed, you may have a lingering protective order out of that jurisdiction.

Just some thoughts.

 

[eye95]

Why all the speculation???

The OP should file an appeal and be informed of precisely why she was denied. Everything else is pointless.

Oh, BTW, a denial does not mean one cannot carry. The underlying reason for the denial may, but the denial itself is merely and instruction to the FFL not to sell the firearm.

 

[joanie]

are you saying an FFL does not have to run a form 4473 or a NICS background check? person to person sale is a different story, perhaps the OP could shed some more details on the sale in question?

Nevermind. 2nd sentence in the OP stated the "dealer" and that the OP failed the background check.

Well the guy is calling himself a dealer, he might be, but theres no shop. He just sells guns out of the garage of his home with a big dog and some other guy that hangs around to greet you. He runs listings and tells people all they need is their driver's liscense.

SEEMS TO ME, HE COULD HAVE DID THIS CHECK OVER THE PHONE BEFORE MAKING ME DRIVE 200 MILES. Or at the very least mention that he will be running this check and only selling the firearm to those who pass it. Every other person dealer or not, i've ever bought a firearm from just took my DL info down, took the money and gave the the gun. So there goes my Saturday and over 50$s in gas spent. Thats my beef with the dealer. He flat out said bring the money and my DL and I'd be driving home with the gun.

Now for my beef with any and all who fudged up my records with lies to deny me my rights. These people have already cause me enough problems in the past, and continue to do so at present. What this means is I am not a free human, I'm their property and they can do with me what they wish. I'm their slave.

 

[eye95]

If the "dealer" makes a living, fully or partially, from the sale of firearms, he is required to have an FFL and to follow all the rules for an FFL.

 

[marshaul]

Every other person dealer or not, i've ever bought a firearm from just took my DL info down, took the money and gave the the gun.

Any FFL will make you fill out the Brady Form. Therefore, I do not find this statement credible.

Now for my beef with any and all who fudged up my records with lies to deny me my rights. These people have already beat and molested me, even raped me twice. held me prisoner in jail, taken money from me, caused me to miss work and cost me my job. Now they continue the abuse through these means. What this means is im not a free human, I'm their property and they can do with me what they wish. I'm their slave. If I ever did come up with enough money to fight them in court, they'd only find a way to take the money before I could use it for that.

Serious question: if this is all true, why do you continue to submit to their "laws" at all? If my life were truly as you describe yours, I guarantee you I wouldn't be making any attempts to do things by the book. I'd be off the grid, and would have precisely zero contact with any agents of the state in any capacity.

 

[joanie]

If the "dealer" makes a living, fully or partially, from the sale of firearms, he is required to have an FFL and to follow all the rules for an FFL.

Is he required to lie to me about selling me the firearm?, then spring up this check once I arrive? He said driver's liscense and the purchase price with tax. He said nothing about running a check. I would not have went knowing that there was any chance no matter how small, that I couldn't buy it. So even if I could buy this gun now, I feel like I should wait and look into if I'm even alowed to have guns. I may be better off to sell all my guns and have nothing to do with them anymore. That seems to be what my masters want of me. You know, those who own me.

 

[eye95]

Is he required to lie to me about selling me the firearm?, then spring up this check once I arrive? He said driver's liscense and the purchase price with tax. He said nothing about running a check. I would not have went knowing that there was any chance no matter how small, that I couldn't buy it...

If he is an FFL, he must run a background check. Period. If he does not tell you of this first, he is NOT lying. He is (rightly) assuming that his customers know that he must run a check.

When a customer indicates to me that he wishes to purchase a gun, I ask for his military ID and DL. He fills out the 4473 on the computer (or on paper), a sure sign that we are an FFL and will be running a background check. And after he signs the form, stating that his answers are true and correct, assuming that he has not indicated he is prohibited person, I run the check.

That's the way it works under current federal law.

You should stop bellyaching and appeal the denial. If the denial was unjust, it will be overturned. Often, the person is given a UPIN to avoid further problems. If the denial is just, then you are a prohibited person. At best you can seek to have this changed in court.

But, until you appeal, I have no better advice for you than to appeal.

Frankly, I have low tolerance for folks who bellyache, but won't take the steps to solve the problem.

 

[WalkingWolf]

(snip)

Frankly, I have low tolerance for folks who bellyache, but won't take the steps to solve the problem.

That must be quite a conundrum for you...

 

[DryBones]

If the law in the county is so bad have you ever considered moving? You say you have other guns? Cash them out and hit the road. Start fresh outside the limits of this counties reach.

 

[Freedom1Man]

so are you saying that the Code of Federal Regulations Title 27 478.124 was never voted on as a law and that somebody just keeps making up these rules on the fly?

http://www.ecfr.gov/cgi-bin/text-id...iv8&view=text&node=27:3.0.1.2.3.1.1.1&idno=27

Now you have to go to the code to find out what is really meant.

I've covered that before.
So the original question still stands.

 

[DryBones]

And it will stay that way. I'm done debating you over semantics. If there is no law go file a lawsuit and get regulation changed or removed. Forum banter does nothing.

 

[dogshawred]

Serious misdemeanors can cause problems.

I was charged with alot of things, going from memory.. Two counts of assualt and domestic violence, criminal trusspass, obstructing official bussiness.. There were things I was not charged with that showed up on incident reports, like, going into stores with my identy discuised in efforts to rob the customers, shoplifting and filming after being asked repeatedly not to, carrying a gun into a store and laundrymat, crawling under my car in a parking lot, and theres probibly more that don't come to mind at the moment, and theres probibly a few more things that has been added to my criminal record that I'm unaware of since the last time I checked it. Then there was the two times I was forced into a mental institution by Franklin county sheriffs under the premise that I am a danger to myself and others.

And if you want to believe what the police would say, then yes, they were right to deny me this right. If you opt to believe me over the police, then, should I even have any respect for this bogus law other than to stay invisible as much as I can and accept my place as lowlife scum. Far as the firearms dealer goew, he alone made the choice to not sell me the firearm. It's his right to do so if he wants to follow a bogus law, however he never mentioned this possibility to me over the phone, if he had I would NOT, have driven 200 miles. By my count, he owes me 50 dollars for my gas used, and my Saturday back. I know, I should just chill out, it was only a glitch in the system, BTW, I'm on alot of hate lists. I'll give myself a week to cool down before I start making calls, but I doubt the week will make a diffrence.

If this isn't a glitch in the system, if I can't do anything about it, then I will be out of place posting here in the future, and I really should turn over the new discussion forum I started (OhioOpenCarry) to someone else to run. Being close to open carry and gun related groups, well, lets just say that would make it impossible for me to chill out.

Along with the mental health holds there is the matter of the 2 charges for assault and domestic violence, even though they may be misdemeanor charges NCIC considers the jurisdiction that is initiating the inquire as to whether they apply to each individual. Ohio considers domestic violence misdemeanor charge as being serious so NCIC do likewise and this will cause a denial to be issued.
~
Along with the 2 counts of assault and domestic violence if warrants for arrest were issued and not cleared by the issuing jurisdiction from the system they would still be showing and create again a reason for a denial to be issued.
~
None of this will be corrected with out legal counsel, time, patience and money. You will more than likely have to have the violation removed legally by a court to clear your record to initiate positive NCIC response. The less persecuted you act and the calmer you can be the better your chances will be to clearing your record so that you can get on with your life.
~
I am not an attorney nor am I trying to give you legal advice, that is why you will need to hire legal counsel to accomplish this task.
~
I wish you well as this will be without any doubt a troubling journey, God Bless
~
National Crime Information Center (NCIC)
National Crime Information Center
Criminal Justice Information Services (CJIS) Division
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
Hours of Service: 9:00 a.m. - 5:00 p.m.
Telephone: (304) 625-2000
~

A. Wanted Persons:
1. Individuals for whom Federal warrants are outstanding.
~
2. Individuals who have committed or have been identified with an
offense which is classified as a felony or serious misdemeanor under
the existing penal statutes of the jurisdiction originating the entry
and for whom a felony or misdemeanor warrant has been issued with
respect to the offense which was the basis of the entry. Probation and
parole violators meeting the foregoing criteria.
~
G. Wanted Person File: Person not located will remain in file
indefinitely until action is taken by the originating agency to clear
the record (except "Temporary Felony Wants", which will be
automatically removed from the file after 48 hours).
~
(Job No. NC1-65-87-114, Part E. 13 h.(7))

 

[eye95]

:banghead:

Again, everything in this thread is pure speculation until you file the appeal. When you appeal, they must explain exactly why you were denied. They will cite every crime, every adjudication, every want or warrant, everything that caused the deny.

There is zero need for a lawyer until you know why you were denied. The only thing a lawyer is going to tell you now is to file the appeal. Then he will charge you for this advice. Just file the danged appeal.