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3 days nics delay

Discussion in 'Legal & Political Archive' started by Goldengun67, Sep 10, 2015.

  1. Goldengun67

    Goldengun67 New Member

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    I have a super smart soldier of mine who went and got a gun because he "thought his felony was set aside". He picked it up after a delay of 3 days and now is coming to me for advice as to what happens if he comes back denied. Nics case is still open and won't tell us more than that. I believe he's gonna be okay but what do you guys think?
     
  2. slimer13

    slimer13 Deer Park Well-Known Member

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    Talking out my butt, but my guess would be that his gun rights were restored but the initial conviction was cause for them to investigate further. It seems like a felon without restored rights would have brought about denial faster than three days.

    Without knowing the situation better it's hard to say.
     
    blackadder likes this.
  3. druiseeker

    druiseeker Salem Member 2015 Volunteer

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    Wow. Sucks to be him. I hope he has a good lawyer. If he's an Oregon resident, I think he can look in ORS 137.225 to see if anything applies to him.
     
  4. Goldengun67

    Goldengun67 New Member

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    I'm sure his rights were restored or case set aside or something. I'm finding it hard to believe the military would give him a gun to deploy with and keep him in but tell him he can't have one at home. But I don't know, I'm sending him to JAG in the morning. And even if not, I could see why he would honestly think he was good. Hopefully all turns out well.
     
  5. Goldengun67

    Goldengun67 New Member

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    I'm under the impression ATF would come get the gun and talk to him. I don't really foresee them locking him up when he honestly thought he was good. It's not like he "lied" on purpose, just took bad advice from the barracks lawyer. Lol
     
  6. druiseeker

    druiseeker Salem Member 2015 Volunteer

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    If its not confidential, let us know. I'd like to know how this turns out. I remember when I was enlisting, felonies were a no no. We even had one marine who got through training and didn't get his back ground check back until the middle of our next deployment. They took his gun away and he spent a year on legal hold in the RBE.
     
  7. Goldengun67

    Goldengun67 New Member

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    Well this kid got the felony in the while he was in 5 years ago, general court martial, (won't put all the details out for his protection) but never went to jail nothing, judge pretty much sent him back to duty. I was under the impression a felony would get you kicked out as to the fact you can't have a gun. So I'm no lawyer but assuming they set aside the case, but because he was guilty is what got the delay. I think he's fine. I'll post tomorrow on what JAG has to say.
     
  8. Goldengun67

    Goldengun67 New Member

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    So we talked to jag and it seems he is s.o.l damn.
     
  9. CHLChris

    CHLChris Portland Metro East Love me some guns! Bronze Supporter

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    Not that I believe felons should have access to guns, but this might be another example of the anti-gunners' long game. They "felonize" as many infractions as humanly possible. They label people who ask others to handle their financial affairs a "mental incompetent" and take away their gun rights. Someone reports that they are scared of you and you get your guns taken away (firearms restraining order in California). You get help for depression after a deployment and your guns are taken away.

    drip
    drip
    drip
     
  10. Goldengun67

    Goldengun67 New Member

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    Yeah pretty jacked up. I mean he could be good, as the nics still has nothing to say. I told him if he passed a background check for secret clearance I see no reason why he wouldn't pass nics. I seem to be the only person fighting for him, it's sad. But I'll be the NCO and take care of my guy as much as I can I guess. I think no news is better than the MPs pulling up to formation. Lol