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  1. #1
    Join Date
    Mar 2005
    Location
    arizona
    Posts
    39

    Default NICS firearm purchase delay

    here it is, as I spoke to NICS today, they are the ones that clear firearm purchases, thru out the nation, feds.
    I tried to buy a rifle a few months ago from a dealer, the sale was delayed by NICS.feds brady law.
    I live in arizona,
    in my home state , california,I had no problems buying firearms.
    this was what they said,
    in 1966 when i was 15 I was convicted in juv court of a first offense , indecent exposure. first offense is a misdemeanor in cal.
    the court sent me to CYA which is state institution,as the county did not have ability to treat this, ( therapist and counselors )
    there were others in the CYA for minor offenses also,
    to the FBI/NICS this they think is a felony. as it was, I was, sent to the state.and not the county.
    this is a shock to find out after 40 years of being a perfect citizen I may now be reclassified as a felon.
    even if i have my juv records sealed, it may not affect the FBI records I was told.
    I had contacted the CYA about this, they have no record of this being a felony, and stated that this crime is a misdemeanor in california.
    now, I fear a raid by FBI
    as I own many firearms all legally purchased in california.
    any advice appreciated.
    thank you

  2. #2
    Join Date
    Mar 2005
    Location
    arizona
    Posts
    39

    Default Re: NICS firearm purchase delay

    updates, I am posting this story to help others, as that is now my goal.
    and have a reply from a gun rights attorney in phoenix, which I shall paste below.

    ? Shouldn't make a difference. As I remember (1) with CYA the matter is expunged, and thus under the 1986 Firearm Owners Protection Act not a conviction *even if it was a felony*, and (2) even before the 1986 Act, the courts had ruled that a CYA matter was not a conviction under the Gun Control Act.

    BUT--it probably still leads to a delay. I know someone who was arrested, and found not guilty, and he still gets delayed. The arrest record generates a hit and then they have to run it down and find the acquittal. I remember hearing that they are instituting some way of dealing with this, where a person can essentially tell them he is being delayed, will they kindly look it up and clear his record.


    so, , I have ordered certified copy of cya discharge papers from sacramento, that along with a petition to the commiting court, for expungement,
    / not guilty/ and sealing of these juvenile records.
    re member the government will NOT tell you your rights.
    you must search for them , then apply them,,,the system can work.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,700

    Default Re: NICS firearm purchase delay

    You're correct in that last paragraph. Recollections are great, but find out for sure if your conviction was expunged and your rights were restored.

  4. #4
    Join Date
    Nov 2008
    Location
    East Coast but my heart's in Texas
    Posts
    64

    Default Re: NICS firearm purchase delay

    Til then hide the guns and lock the doors. Go to the ACLU website and find out your rights.

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