Results 1 to 4 of 4
  1. #1
    Join Date
    Mar 2005

    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

    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
    Behind a Desk

    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
    East Coast but my heart's in Texas

    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.

    1. Sponsored Links

Similar Threads

  1. Weapons Offenses: NICS Delay
    By $porto12 in forum Criminal Charges
    Replies: 2
    Last Post: 08-20-2010, 11:11 PM
  2. Civil Rights Restoration: Can I Purchase and Own a Firearm
    By FloridaFisher87 in forum Criminal Records
    Replies: 9
    Last Post: 10-06-2009, 01:51 AM
  3. Weapons Offenses: NICS Delay - Unresolved Answer
    By carpidem76 in forum Criminal Charges
    Replies: 1
    Last Post: 11-16-2008, 10:19 PM
  4. Criminal Records: How Can I Purchase A Legal Firearm
    By ant.banks in forum Criminal Records
    Replies: 4
    Last Post: 06-06-2008, 09:33 AM
  5. Weapons Offenses: NICS Delay, Texas
    By balbee76 in forum Criminal Charges
    Replies: 2
    Last Post: 03-26-2008, 11:31 AM
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.