Question regarding appeal and further action

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  • likeanantelope

    Plinker
    Rating - 0%
    0   0   0
    May 18, 2014
    14
    3
    South bend
    I'd like to start by saying that I wasn't sure where to post this, hope it's not a problem. New here, warm hello to everyone on the forum. I'll start with a little background Information:

    First and foremost, my criminal record only contains a battery charge, of which is not domestic.

    I always get delayed, have for years.

    Purchased an xds in December 13, delayed but approved.

    Purchased a rifle in January 14, oddly approved instantly.

    Purchased two sigs in February, one delayed, one instant approval.

    In early March I decided that I wanted to get a single shot .22 for when my son becomes old enough to learn to shoot. The nice came back delayed which is common for me. The next day I'm called back with a denied status. Blew my mind, I was confused and concerned. Filed for a request of denial. Checked my driving record, criminal record, checked for warrants and restraining orders. Nothing. Everything is the same as it's been for 10 years.
    My reason for denial comes back stating "illegal possession of firearm by domestic batterer". Obviously a I knew this wasn't the case, got my prints sent in and figured there was a case of mistaken identity. Immediately I get a response saying that the prints match and that I'm still denied unless I show proof that the records they have are incorrect.

    I get certified court documents showing proof that my battery charge was not domestic. Had the detective in the records division of the police department give me copies of my police report and criminal records. All was faxed in that day to nics.

    Today I get a letter stating that I'm still a prohibited person, and that I need to have my rights restored in order to remove the denial from my record. I'm completely lost on what to do here, something just doesn't seem right. I called the DOJ to try and a better explanation but was blown off.

    Has anyone else had to deal with a completely erroneous denial like this? Not sure if I have the cash and time to hire an attorney and have this fought. Also, should I not be in possession of the dozen and a half guns that nics has approved me for over the years? Any help or advice would be greatly appreciated at this point.
     

    flashpuppy

    Sharpshooter
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    8   0   0
    Jul 5, 2013
    475
    28
    NWI, Lowell
    Get ahold of one of the lawyers on here. Dont post another single word about this. Not one.

    You can't afford an attorney for this? Can you afford prison then? Sell some guns, whatever just find the money. Immediate legal defense should be the only option you're considering right now.
     

    likeanantelope

    Plinker
    Rating - 0%
    0   0   0
    May 18, 2014
    14
    3
    South bend
    I have been in contact with a few lawyers and have gotten mixed answers as to my situation. Nothing of prison time being mentioned, I'm not a felon, or domestic abuser, my record reflects that. A failed background check doesn't mean I'm not in my legal right to own firearms, which is why I wanted to ask advice. Something doesn't seem right about the situation, everything that was requested was sent in, but it seems as if there was no investigative action taken on the doj's end at all.
     

    GodFearinGunTotin

    Super Moderator
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    1   0   0
    Mar 22, 2011
    51,036
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    Mitchell
    I don't have any experience in this sort of thing but if I found myself in your predicament all of a sudden, out of the blue, the first person I'd call would be Guy Relford. He's a member here. I think his screen name is Tactical Firearms Training. I realize you don't have enough posts to PM yet but I'm sure you could google his practice and get his contact information.
     

    likeanantelope

    Plinker
    Rating - 0%
    0   0   0
    May 18, 2014
    14
    3
    South bend
    Not trying to be rude, but what is wrong with posting about my record? Is it against the rules or something? Was just trying to be up front about it to get some solid advice without being misleading.
     

    GodFearinGunTotin

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    Mar 22, 2011
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    Mitchell
    Not trying to be rude, but what is wrong with posting about my record? Is it against the rules or something? Was just trying to be up front about it to get some solid advice without being misleading.

    The reason is you are not anonymous here. Your posts here can come back and haunt you later...it's happened before with other members. You may be speaking the truth; you may be saying things a jury, judge, or bureaucrat can use later against you. Just play it safe.
     

    Scutter01

    Grandmaster
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    2   0   0
    Mar 21, 2008
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    The reason is you are not anonymous here. Your posts here can come back and haunt you later...it's happened before with other members. You may be speaking the truth; you may be saying things a jury, judge, or bureaucrat can use later against you. Just play it safe.

    Nobody ever heeds the warning and then a few weeks later, the mods start getting requests that read "my lawyer advised me to ask you to remove my posts from this thread..." :rolleyes:
     
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