passing the FBI back ground check
02-23-2009, 12:37 AM
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passing the FBI back ground check ok so in 1998 I was kind of a mixed up kid I was 15 years old and I got arrested for position of a dangerious drug a felony charge never been arrested for a felony since then I'm 27 now and I want to purchase a firearm. Does anyone know if my past will cause me to fail the check?
02-23-2009, 12:56 AM
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The 5th or 6th question down is "Have you ever been convicted of a felony"
You can always try, When you get denied there is a way to appeal it to the state to find out the reason and there are steps to go through to get it reversed.
Maybe you should contact someone from the state or go ahead and try and see about getting a reversal.
You can always try, When you get denied there is a way to appeal it to the state to find out the reason and there are steps to go through to get it reversed.
Maybe you should contact someone from the state or go ahead and try and see about getting a reversal.
02-23-2009, 01:01 AM
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The real and simple answer is NO!
You do not have to say yes you've been convicted and you will be able to buy a firearm. I promise you..
Your juvinile record will not hold you down on this. I know first hand. I used to work at a gun range and helped teach the CHL class. I'm pretty knowledgable on the gun laws. I have purchased many guns. You will be fine.
You do not have to say yes you've been convicted and you will be able to buy a firearm. I promise you..
Your juvinile record will not hold you down on this. I know first hand. I used to work at a gun range and helped teach the CHL class. I'm pretty knowledgable on the gun laws. I have purchased many guns. You will be fine.
02-23-2009, 01:10 AM
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Im fairly interested to know what happens since the form pretty clearly says "Have you ever been convicted of a felony". It doesnt say anything about age, type, or anything of that nature. Just asks if you have EVER been.
Here is the catch 22. If you say yes, they wont bother to call it in as its an immediate disqualify on the sellers part. (Theres very few instances where you can answer one of the questions yes and we still call ours in. ATF field officer left us with a list). Now if you say no, which is a lie, and they call it in. If it does show up and they do catch it, you just lied on a federal document saying you were never convicted.
Of the around 400 guns ive sold, ive only seen 3 denied. And the 3 were always delayed, then a supervisor calls back for your information and denied it.
Here is the catch 22. If you say yes, they wont bother to call it in as its an immediate disqualify on the sellers part. (Theres very few instances where you can answer one of the questions yes and we still call ours in. ATF field officer left us with a list). Now if you say no, which is a lie, and they call it in. If it does show up and they do catch it, you just lied on a federal document saying you were never convicted.
Of the around 400 guns ive sold, ive only seen 3 denied. And the 3 were always delayed, then a supervisor calls back for your information and denied it.
02-23-2009, 07:49 AM
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thanks [QUOTE=Burninator;11110663]Im fairly interested to know what happens since the form pretty clearly says "Have you ever been convicted of a felony". It doesnt say anything about age, type, or anything of that nature. Just asks if you have EVER been.
Yeah thats why I wonder I have a job now that I had to get a back ground check to get and it didnt come up. However when ever I get pulled over the cop can see it and I always get the 3rd degree most times searched too. But anyway I will go ahead and try to do it I was just wondering if anyone had a direct exp. in the matter.
Yeah thats why I wonder I have a job now that I had to get a back ground check to get and it didnt come up. However when ever I get pulled over the cop can see it and I always get the 3rd degree most times searched too. But anyway I will go ahead and try to do it I was just wondering if anyone had a direct exp. in the matter.
02-23-2009, 08:17 AM
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But isnt there a difference between being charged with something and actually being convicted? Being a minor when it happened also, if you were a minor when it happened that should have gone away when you became an adult or 18. I can ask my cousin though if you want, shes a DA
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02-23-2009, 08:21 AM
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You never said whether you were CONVICTED of it or not. Were you? Being charged and being convicted are two different things. If you were not convicted then you will be fine.
Since you are so concerned about it I will answer based on the assumption that you were convicted.
If you were convicted you can not own a firearm unless your record is expunged. I know a few people who had expungements and own and carry firearms daily and have CHLs. But without an expungement your conviction will keep you from owning a firearm. Expungements are expensive and can be a long process with no guarantee that after you spend all of your money that your record will be expunged. I know someone who spent quite a bit of money to get his record expunged and he was denied. The judge ultimately decided that his conviction was valid and deserved and he did not deserve an expungement.
Now lets say for a minute that you somehow get past the initial background check and buy the gun. What are you going to do when a cop stops you, or a 911 call is made from your home, or whatever the scenario is, and they run your criminal history, see a felony conviction, and arrest you for felon in possession of a firearm? Then the ATF gets involved and discovers that you lied on your paperwork? That won't go well.
And for those who do not believe that law enforcement agencies can see juvenile records, you watch waaaaaaaaaaaaaaaaaaaaay too much television. Outside of Hollywood criminal records aren't magically destroyed or locked or blocked or anything else. Basically juvenile records are only blocked from the public's view during open records requests. But law enforcement has access to it the same as any other criminal record.
For the record, you absolutely 100% positively DO have to check the "yes" box when it asks if you are a convicted felon. There is no way around that if you were convicted. Your age has no affect on that. If you don't believe me then join a gun forum and post your question and see how many hundreds or thousands of people agree with me.
If you were convicted my advice to you is to consult an attorney and see what can be done.
Since you are so concerned about it I will answer based on the assumption that you were convicted.
If you were convicted you can not own a firearm unless your record is expunged. I know a few people who had expungements and own and carry firearms daily and have CHLs. But without an expungement your conviction will keep you from owning a firearm. Expungements are expensive and can be a long process with no guarantee that after you spend all of your money that your record will be expunged. I know someone who spent quite a bit of money to get his record expunged and he was denied. The judge ultimately decided that his conviction was valid and deserved and he did not deserve an expungement.
Now lets say for a minute that you somehow get past the initial background check and buy the gun. What are you going to do when a cop stops you, or a 911 call is made from your home, or whatever the scenario is, and they run your criminal history, see a felony conviction, and arrest you for felon in possession of a firearm? Then the ATF gets involved and discovers that you lied on your paperwork? That won't go well.
And for those who do not believe that law enforcement agencies can see juvenile records, you watch waaaaaaaaaaaaaaaaaaaaay too much television. Outside of Hollywood criminal records aren't magically destroyed or locked or blocked or anything else. Basically juvenile records are only blocked from the public's view during open records requests. But law enforcement has access to it the same as any other criminal record.
For the record, you absolutely 100% positively DO have to check the "yes" box when it asks if you are a convicted felon. There is no way around that if you were convicted. Your age has no affect on that. If you don't believe me then join a gun forum and post your question and see how many hundreds or thousands of people agree with me.
If you were convicted my advice to you is to consult an attorney and see what can be done.
02-23-2009, 08:41 AM
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you never said whether you were convicted of it or not. Were you? Being charged and being convicted are two different things. If you were not convicted then you will be fine.
Since you are so concerned about it i will answer based on the assumption that you were convicted.
If you were convicted you can not own a firearm unless your record is expunged. I know a few people who had expungements and own and carry firearms daily and have chls. But without an expungement your conviction will keep you from owning a firearm. Expungements are expensive and can be a long process with no guarantee that after you spend all of your money that your record will be expunged. I know someone who spent quite a bit of money to get his record expunged and he was denied. The judge ultimately decided that his conviction was valid and deserved and he did not deserve an expungement.
Now lets say for a minute that you somehow get past the initial background check and buy the gun. What are you going to do when a cop stops you, or a 911 call is made from your home, or whatever the scenario is, and they run your criminal history, see a felony conviction, and arrest you for felon in possession of a firearm? Then the atf gets involved and discovers that you lied on your paperwork? That won't go well.
And for those who do not believe that law enforcement agencies can see juvenile records, you watch waaaaaaaaaaaaaaaaaaaaay too much television. Outside of hollywood criminal records aren't magically destroyed or locked or blocked or anything else. Basically juvenile records are only blocked from the public's view during open records requests. But law enforcement has access to it the same as any other criminal record.
For the record, you absolutely 100% positively do have to check the "yes" box when it asks if you are a convicted felon. There is no way around that if you were convicted. Your age has no affect on that. If you don't believe me then join a gun forum and post your question and see how many hundreds or thousands of people agree with me.
If you were convicted my advice to you is to consult an attorney and see what can be done.
Since you are so concerned about it i will answer based on the assumption that you were convicted.
If you were convicted you can not own a firearm unless your record is expunged. I know a few people who had expungements and own and carry firearms daily and have chls. But without an expungement your conviction will keep you from owning a firearm. Expungements are expensive and can be a long process with no guarantee that after you spend all of your money that your record will be expunged. I know someone who spent quite a bit of money to get his record expunged and he was denied. The judge ultimately decided that his conviction was valid and deserved and he did not deserve an expungement.
Now lets say for a minute that you somehow get past the initial background check and buy the gun. What are you going to do when a cop stops you, or a 911 call is made from your home, or whatever the scenario is, and they run your criminal history, see a felony conviction, and arrest you for felon in possession of a firearm? Then the atf gets involved and discovers that you lied on your paperwork? That won't go well.
And for those who do not believe that law enforcement agencies can see juvenile records, you watch waaaaaaaaaaaaaaaaaaaaay too much television. Outside of hollywood criminal records aren't magically destroyed or locked or blocked or anything else. Basically juvenile records are only blocked from the public's view during open records requests. But law enforcement has access to it the same as any other criminal record.
For the record, you absolutely 100% positively do have to check the "yes" box when it asks if you are a convicted felon. There is no way around that if you were convicted. Your age has no affect on that. If you don't believe me then join a gun forum and post your question and see how many hundreds or thousands of people agree with me.
If you were convicted my advice to you is to consult an attorney and see what can be done.
+1 :d
02-23-2009, 08:56 AM
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yes I was covicted and did my time. I don't remember it saying even if your record is sealed. when your 18 which is what happend in my case so I was instructed by my lawer to always answer no to that question. And you say what if I do pass an later on I interact with police and some how they find out about my past and that I own a firearm how is that against the law if I applied for the gun legally and they can't do anything about that right?
02-23-2009, 09:10 AM
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when your 18 which is what happend in my case so I was instructed by my lawer to always answer no to that question.
And you say what if I do pass an later on I interact with police and some how they find out about my past and that I own a firearm how is that against the law if I applied for the gun legally and they can't do anything about that right?
There are legally purchased firearms carried by criminals every day. People buy firearms and then get convicted of a crime all the time, so buying the gun was legal, possessing it wasn't. It doesn't matter when you bought the gun or how, if you have contact with law enforcement while in possession of a gun they will charge you with felon in possession of a firearm.
It's illegal because you were convicted and know it. Plus mistakes happen. If you fill out ATF paperwork and mistakenly pass the background, that is an error on their part, but a lie and a purposeful criminal act on your part. Once you're found out it won't matter who made a mistake and let you pass the background, it is your responsibility to follow the law.
I recommend contacting an attorney who specializes in the restoration of rights, such as gun rights.
02-23-2009, 11:13 AM
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Youre best bet is to go talk to a lawyer
02-23-2009, 11:26 AM
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I hate it when people give bad information and talk out of their ***. Your including LS1interceptor, I don't care if you are a cop, hope you are. Come arrest me I have 5 guns on me right now and drive with one everyday.
About 3 years ago I got arrested in my apt for something I wont say. I had a civilian ak47 and 3 pistols...I was only 18. I have been convicted of a 1st degree felony when I was 16. served time on it. They knew about it. There was nothing they could do. After my trial on the new case I got my guns back...
Police cannot look up your juvinile record that's a lie. Only county and above can look at it and they can not see details. The city that you got arrested in will be able to see your "ARREST RECORD" that says you were arrested on that charge. However that's all they will see not that you were convicted!
Before you believe these guys ask a lawyer. I paid 50,000 for the best lawyer Houston has. His name is Ned Barnet, works in the Williams and Bailey building in houston. (building is named after their firm) It's now called William and Kerker! You may have seen it, close to monroe on south side.
He told me never to check yes on anything. Whether it's city, state, or federal. If somebody is gonna do something about it..when? I've been pulled over with guns in the car, talked to cops plenty of times with guns around. When? You guys have no clue what your talking about. My record is not sealed and when I went to Harris County a few years ago they put me in the gladiator tank ont he 7th floor because of my record. It doesn't mean **** other then that.
Even if you catch a case the DA can look at your record but cannot legally use it against you. Now of coarse if they read it their mind can do whatever it wants but cannot in open court say well he was convicted of X charge. It can only be used in deciding a punishment if it's a repeat offense.
Do some homework guys and this is first hand not my friends uncles little cousins daughters ex boyfriends best friend!
About 3 years ago I got arrested in my apt for something I wont say. I had a civilian ak47 and 3 pistols...I was only 18. I have been convicted of a 1st degree felony when I was 16. served time on it. They knew about it. There was nothing they could do. After my trial on the new case I got my guns back...
Police cannot look up your juvinile record that's a lie. Only county and above can look at it and they can not see details. The city that you got arrested in will be able to see your "ARREST RECORD" that says you were arrested on that charge. However that's all they will see not that you were convicted!
Before you believe these guys ask a lawyer. I paid 50,000 for the best lawyer Houston has. His name is Ned Barnet, works in the Williams and Bailey building in houston. (building is named after their firm) It's now called William and Kerker! You may have seen it, close to monroe on south side.
He told me never to check yes on anything. Whether it's city, state, or federal. If somebody is gonna do something about it..when? I've been pulled over with guns in the car, talked to cops plenty of times with guns around. When? You guys have no clue what your talking about. My record is not sealed and when I went to Harris County a few years ago they put me in the gladiator tank ont he 7th floor because of my record. It doesn't mean **** other then that.
Even if you catch a case the DA can look at your record but cannot legally use it against you. Now of coarse if they read it their mind can do whatever it wants but cannot in open court say well he was convicted of X charge. It can only be used in deciding a punishment if it's a repeat offense.
Do some homework guys and this is first hand not my friends uncles little cousins daughters ex boyfriends best friend!
02-23-2009, 11:52 AM
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haha now I'm really confused I see everyones points and understand them but some are for it and some say I shouldn't. Maybe we should vote or something I do kind of wonder if I could pass it and a part of me wantsbto go threw with it just to see if it will work and if it doesn't then I could just say that I thought my record was expunged.
02-23-2009, 11:52 AM
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http://www.ojp.gov/bjs/pub/html/bcft/2006/bcft06st.htm
Info from the United States Department of Justice. Not just some guy on the internet somewhere takling about something you have no idea about. 
I wouldnt go that route. Just because you "didnt know" doesnt make it ok. You are taking more risk then i would over something so stupid. Just go talk to a lawyer and see what they say.
The Brady Handgun Violence Prevention Act of 1993 (Pub. L. No. 103-159, 107 Stat.1536 (1993), codified as amended at 18 U.S.C. Section 921 et seq.) mandates a criminal history background check on any person who attempts to purchase a firearm from a Federal Firearms Licensee (FFL). The permanent provisions of the Brady Act established the NICS, which is accessed by the FBI or a state point of contact (POC) prior to transferring a firearm. The NICS is a system comprising data on persons who are prohibited from purchasing or possessing a firearm under the Brady Act or under state law.
The Brady Act prohibits transfer of a firearm to a person who —
* is under indictment for, or has been convicted of, a crime punishable by imprisonment for more than 1 year
* is a fugitive from justice
* is an unlawful user of, or addicted to, a controlled substance
* has been adjudicated as a mental defective or committed to a mental institution
* is an illegal alien or has been admitted to the United States under a nonimmigrant visa
* was dishonorably discharged from the U.S. Armed Forces
* has renounced U.S. citizenship
* is subject to a court order restraining him or her from harassing, stalking, or threatening an intimate partner or child
* has been convicted of a misdemeanor crime of domestic violence
* is under age 18 for long guns or under age 21 for handguns.
The Brady Act prohibits transfer of a firearm to a person who —
* is under indictment for, or has been convicted of, a crime punishable by imprisonment for more than 1 year
* is a fugitive from justice
* is an unlawful user of, or addicted to, a controlled substance
* has been adjudicated as a mental defective or committed to a mental institution
* is an illegal alien or has been admitted to the United States under a nonimmigrant visa
* was dishonorably discharged from the U.S. Armed Forces
* has renounced U.S. citizenship
* is subject to a court order restraining him or her from harassing, stalking, or threatening an intimate partner or child
* has been convicted of a misdemeanor crime of domestic violence
* is under age 18 for long guns or under age 21 for handguns.
haha now I'm really confused I see everyones points and understand them but some are for it and some say I shouldn't. Maybe we should vote or something I do kind of wonder if I could pass it and a part of me wantsbto go threw with it just to see if it will work and if it doesn't then I could just say that I thought my record was expunged.
