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Background Check rejected, can someone clarify?

Discussion in 'Handguns' started by David L. Holt, Jan 15, 2013.

  1. David L. Holt

    David L. Holt Loaded Pockets

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    So, I live in Colorado, and last week my background check for a firearm was rejected. I faxed in the appeal, and apparently most appeals go through. That said, I wanted to gather some info regarding national firearm laws.

    The only thing on my record ever was a misdemeanor theft charge in California 10 years ago. It resulted in a suspended sentence of 10 days and unsupervised probation. If for some reason Colorado won't disregard that, will I potentially be able to purchase a firearm in another state someday if I change residency?

    My understanding is that only violent crimes, restraining orders, felonies, domestic violence, and being committed prevent you from owning a firearm. I'm a registered voter, and (ironically) just passed a state background check to become a teacher, so obviously the California misdemeanor isn't of too much concern for them. I also have a pending traffic court date for a failure to have my insurance card on me, but I can't see that as having affected me.

    Anyway, any info or advice would be welcomed. I'm kind of pissed off right now about the whole hassle, so I'm just looking to get an idea of what's going on while I wait on the official appeal. Thanks.
     
  2. Dr Jekell
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    Dr Jekell I had fun once, It was awful.
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    Did you put your SS number on the form?

    Apparently one of the leading reasons for denial is that someone with the same name as you is unable to own firearms.
     
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  3. David L. Holt

    David L. Holt Loaded Pockets

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    I did put my SSN down since I know of at least one person in my area with my name.
     
  4. doktorziplok

    doktorziplok Loaded Pockets

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    which level of government is doing the check? if it's fed, you should be able to have the shop just call in again right there on the spot. state/local usually have weird rules. the county I used to live in had the night desk cop work the pistol purchase apps between calls (thereby instigating a waiting period where the law didn't require one).
     
  5. kikaida

    kikaida Loaded Pockets

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  6. wildborego

    wildborego EDC Junkie!!!!!

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    CONTACT A LAWYER!
     
  7. patrat

    patrat Loaded Pockets

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    I would be the pending court date is it, based on the background you give. Probably miscategorized or not categorized in their database; accidentally throwing up a flag as pending charge of felony or misdemeanor domestic violence.

    Just a guess.
     
  8. Kilted1

    Kilted1 Loaded Pockets

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    It could be the pending court activity. A friend of mine was once denied because his driver license was on a temporary medical suspension that he wasn't even aware of.
     
  9. Kilted1

    Kilted1 Loaded Pockets

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    Then again, have you made any donations to Republican candidates? Just a thought.
     
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  10. kd7dvd
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    kd7dvd EDC Junkie!!!!!

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    One in Colorado and one in California. It might be necessary to get your misdemeanor expunged from your record. Shouldn't be a huge problem after being clean all this time. (Shouldn't be a problem at all, I agree, but IANAL).
     
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  11. David L. Holt

    David L. Holt Loaded Pockets

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    Thanks for the advice! It's things like this that push me from being kind of irritated with the government to full on mistrusting them...
     
  12. ramjet

    ramjet Loaded Pockets

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    Also check for fraud. If your identity has been jacked, you could find yourself in quite a mess. My wife had an issue years back when she first became a legal citizen (mexicana...love the food) an employee at the post office jacked her info and started a huge parade resulting in being accused of trafficking and prostitution! lol. Not to her though. The Post master had to get involved and a court date as well...Just a thought.
     
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  13. nine

    nine Empty Pockets

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    I have had two friends who had issues with a background check in Colorado.

    First was a friend who was delayed for 3 days. No reason was given, but if you stuck his name in to google, the #1 hit was a fresh story on an individual in Florida with the same name who was wanted for failing to register as a sex offender after getting out of jail.

    Second was a coworker who was denied. He went through the appeal process, which took about 30 days, and received a letter from the CBI that stated that the original denial was because of a rape charge (!), but that on further review, the CBI could not definitively connect that charge with him, and that he was free to purchase. He has a fairly common name, so we assumed that it was another case of same name.

    Both individuals provided their SSN's on the background check.

    The only way to know for sure is to fill out the appeal form, and wait for the response

    Nine
     
  14. SAKplumber
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    SAKplumber EDC Junkie!!!!!

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    I didn't read the thread (yet) but I was rejected once too. In KY the background check includes charges brought against you by the police, Local included...
    I had to go to the court records office and purchase a copy of the judges docket where he/she wrote the outcome of the charges. Then deliver them to the State Police to prove that I had not been found guilty of a felony.
    I'm a salty dog with a peppered past, but they ain't got nothin on me:D
    I've had my CCDW license for like 7 years and as it happens, this Wednesday I'm off work and talking my wife downtown, so I will be filling my spare time having my record sponged:D
     
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  15. SAKplumber
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    SAKplumber EDC Junkie!!!!!

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    Hang in there...they don't want to make it too easy on us;)
     
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  16. vegassprky
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    vegassprky Loaded Circuits

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    Ah ha the truth comes out, the plumbah was an outlaw in an earlier life!!:p
     
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  17. SAKplumber
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    SAKplumber EDC Junkie!!!!!

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    Now I'm in the Witless Protection Program, Plumbah division:D
     
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  18. nemoaz

    nemoaz Loaded Pockets

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    Your name is fairly common. It could just be a mistake or someone else with your name has a record.

    As for prohibited possessors, under federal law, they are:

    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (FELONY)
    (2) who is a fugitive from justice;
    (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
    (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
    (5) who, being an alien
    (A) is illegally or unlawfully in the United States; or
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
    (6) who has been discharged from the Armed Forces under dishonorable conditions;
    (7) who, having been a citizen of the United States, has renounced his citizenship;
    (8) who is subject to a court order that—
    (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
    (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
    (C)
    (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
    (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
    (9) who has been convicted in any court of a misdemeanor crime of domestic violence,

    Full statute here: http://www.law.cornell.edu/uscode/text/18/922

    As was stated above, see an attorney in your state if your background doesn't clear.
     
  19. Merrib64

    Merrib64 Loaded Pockets

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    As several people have mention try aging to get the the firearm and if the paperwork is not approved
    the best that you can do is get a lawyer.