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Failed background check, take away guns previously bought?

Discussion in 'Legal & Political Archive' started by TippyTop, Feb 4, 2013.

  1. TippyTop

    TippyTop Bremerton, WA Member

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    Hello everyone I'm looking into an issue for my stepfather about getting a failed background check turned in the right direction. You can take a look at our current issue by taking a gander at my thread in the NFA section.

    http://www.northwestfirearms.com/nf...otential-trust-issues-stepfather-trustee.html

    Long story short, my stepfather has bought many guns and has passed many background checks with no issues, he went to buy a pistol and failed the background check. The only reason he can think of why they would deny him is because he shot a deer in WA with his AR-15 back in the 80's(They took his rifle for 2 months and he paid a $1400 fine, he got the rifle back). He is worried that if he sends in his fingerprint card to fight the denial, they will see that he is not fit to own guns and they will come in and take everything he owns.

    I've tried to find a similar issue on Google but haven't had any success. Has this ever happened or is it even legal? Do you think that this is one of those cases where the NICS messed up? Thanks in advance for any help!

    -Tippytop
     
  2. nick1980

    nick1980 Portland, OR Active Member

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    Since you already posted this once on this forum I doubt you are going to get any different advise now, it looked like people pointed you in the right direction. I can guarantee no one here has had the exact same situation so I can almost guarantee you won't find a exact answer here, look at that "packet" he received and do what it says
     
  3. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Why do people insist on calling a legally allowed sale and purchase to be a "loophole"?
     
  4. Jabba

    Jabba Oregon Member

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    Loopholes are by definition legal, but go against the spirit of the law. So if a law is passed requiring a background check to purchase a firearm, unless it's a private sale, then that private sale is a loophole to a firearm background check. Pretty damn big one, but still there.
     
  5. drew

    drew OR Well-Known Member

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    If they returned his rifle after the sentence, I really doubt it was a felony. Granted, their could be a mistake or something. Unless there is something else, he shouldn't be prohibited from owning firearms.
     
  6. Darkhades

    Darkhades Tacoma WA Member

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    This happen to me also one time before, I had bought a few guns in the past and never used my SS, well this time like a tard I did. I got a denial for the 1st time in my experience of buying fire-arms, I call NICS, ask them wth is going on and that I have my CPL ( which is harder to get then buying a gun). After getting the run around for over a month I got someone with a brain to give me some info, there response was (after looking at my file) to not worry about it, it should get over turned and not to worry about having to turn in my other guns because my state recognizes that I am legal.

    Do the finger print thing and do the NIN number deal ( if you don't mind that is) it will save you a headache and you will stop getting denials because of what ever happen in the past. If you are really paranoid pay to have a personal background check that is done by the state patrol which is the most accurate one you can ask for, better (by far) then the FIB craptacular background check they do. Just be prepared to have to wait 6+ months before they fix it, it seemed like for ever for me.
     
    TippyTop and (deleted member) like this.
  7. TippyTop

    TippyTop Bremerton, WA Member

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    Thanks for the responses everyone, I just needed some reassurance before he actually tried to figure out what happened. It would be terrible to lose all of his guns over the mistakes the FBI made all these years.
     
  8. SIG383

    SIG383 Graham, WA Well-Known Member

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    If anything, draw up a bill of sale for all of his firearms to be transferred to you as the legal owner until everything is sorted out. Then they are no longer his guns for them to take. Just make sure they are stored at your place during all of this. As bad as it sounds, if it has been a mistake for all these years, at least the guns won't be taken and either sold off or destroyed...
     
    TippyTop and (deleted member) like this.