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  1. #1

    Default NICS Denial Due to a Assault Charge from a Domestic Incident

    My question involves criminal records for the state of: Missouri

    Bear with me, this will be a bit of a story.

    It's 2008, I'm 18 and in a very terrible relationship with a girl that has some severe mental issues. We were bouncing from place to place, and eventually ended staying at my fathers place for a few days. We got into an argument over some stupid crap. Long story short she attacked me, I fought back, then she fled the house, and I called the police. They picked her up down the road then came by the house to get a statement from me. I made the incredibly poor choice not to press charges.

    Fast forward about 2 months, I get served a court summons. My ex (at this point), claimed that I attacked her, and I was charged with domestic assault, though I don't know the exact statutes. There were several complications involving another case in a neighboring county, and I was advised to plead guilty to a reduced charge of Assault 3rd Degree - Pursuant To Subdivisions (1), (2), (4), (6) { Misdemeanor A RSMo: 565.070 }, which I did. I was sentenced to 90 days in jail, but that was suspended and I did 2 years supervised probation. Part of the reason I took this plea was because my attorney assured me that it would not in any way affect my rights to own firearms.

    SO, fast forward to 2014. I purchased a rifle online and had it shipped to a local gun store. Upon submitting my NICS background check, I received a "delayed". I waited the 3 days, got no response from NICS, and picked up the rifle. No problem what so ever. So it's obviously safe to assume the check eventually returned an "approved".

    Fast forward again to 2 weeks ago. I purchased an AR15 lower receiver online and had it shipped to a local pawn shop. Once again, submitted my NICS background check, and was given a "delayed". I waited the 3 days, and picked up my receiver.

    So now comes today. I get a call from an ATF special agent a few counties over. He tells me that my NICS check returned a "denial". I had to rush into town with the receiver and have the pawn shop take it in on pawn while I sort things out. I also met the ATF agent there and signed a document stating that I relinquished the firearm. He also said that the denial was because of my previous assault charge.

    Now my question is, how in the heck was I approved for a transfer 3 years ago, but not now. AND, what can I do to fix this so that in the future I won't have any problems passing the NICS check? Would getting the case expunged be a viable fix?

    Thanks in advance.

  2. #2
    Join Date
    Jan 2011
    Posts
    370

    Default Re: Nics Check Delayed and Approved Once, then Denied

    Quote Quoting Gokussj5okazu
    View Post
    Upon submitting my NICS background check, I received a "delayed". I waited the 3 days, got no response from NICS, and picked up the rifle. No problem what so ever. So it's obviously safe to assume the check eventually returned an "approved".
    I hold an FFL. The part in bold - no, that was not a safe assumption. If NICS does not send a response to the dealer in three business days the dealer may transfer the firearm; this provision was put in the law to prevent the FBI from halting all firearm transfers from dealers by sending everyone to "Delay" status. Sometimes I never do get a response from NICS.

    You need to get rid of any firearms you possess and contact an attorney about having your record expunged. If you succeed it will still take a while for that information to be added into the NICS database.

  3. #3

    Default Re: Nics Check Delayed and Approved Once, then Denied

    Thanks for the response. I understand the typical 3 day wait on a "delayed" result, I just assumed it eventually returned as "approved" since the ATF never got involved like they did this time. I'll definitely be contacting an attorney ASAP, thanks. Hopefully an expungement will be doable.

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