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Does Failing a NCIS Firearms Background Check Mean You're Barred fro Owning Firearms

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  • 12-22-2012, 08:50 AM
    nite_riderusa
    Does Failing a NCIS Firearms Background Check Mean You're Barred fro Owning Firearms
    My question involves civil rights in the State of: Washington. I have a friend that wanted me to ask the question above. In 1997 he was convicted of a Class B felony in the State of Washington. Since then he has received his "Certificate and Order of Discharge" in 2007 giving all of his Civil Rights back except firearms, and in 2009 he applied for and received the "Order Restoring the Right to Own Firearms". He has no prior felonies or misdemeanors and has had no contact with the police or legal system except for his Discharge and Firearm Restoration papers since his conviction and release from jail in 1997. He has been assured by his former attorney and the Washington State Patrol records division that he is legal to own firearms and that they have sent the Restoration papers to the NCIS and FBI clean back in 2009. So he took it upon himself to also send certified copies to both agencies. Yet he is still getting his purchase denied by the Federal Government when he tries to buy a hunting firearm. His crime was not a violent crime and his probation and fines were paid and he was released from probation in 2000. He also never went to prison. His sentence was 2 years in jail suspended and he had to complete 4 months of County jail time and 3 years probation.

    Can anyone think of a reason that he is still being denied by the insta-check system? My buddy is worried that because he has been denied the purchase that the police will now come kicking in his door. It's causing him quite a bit of stress. He insists on doing everything legal so he hasn't yet bought a firearm person to person thereby avoiding the check system.
  • 12-22-2012, 10:00 AM
    jk
    Re: Does a Firearm Purchase Denile by the Ncis Mean a Person is Not Legal to Own Fire
    Quote:

    Does a Firearm Purchase Denile by the Ncis Mean a Person is Not Legal to Own Firearms

    the quick answer is: no. There are mistakes and incorrect denials.


    has he ever appealed the decision given by the feds? That is often the next step in an improper denial. If he simply keeps attempting to file for only the initial permission, he is likely to continue to be denied, at least that is the way it looks from what is happening.
  • 01-14-2013, 03:24 AM
    nite_riderusa
    Re: Does a Firearm Purchase Denile by the Ncis Mean a Person is Not Legal to Own Fire
    Thanks JK, it took me a while to talk to him since he was in another state for work. He said he did appeal but the Fed asked the Washington State Attorney General and the AG said in his opinion, a person with his conviction could not own firearms. So the NICS denied him again even though the AG was wrong in his opinion. Now the Washington Supreme Court has ruled that a person with his conviction "is" eligible for firearms restoration. So he now has to send that court opinion and his other paperwork to the fed in hopes of his denial being overturned. The AG's office has refused to send a copy of the Supreme Court decision to the NICS people, and have told him to submit it himself.
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