JavaScript is disabled
Our website requires JavaScript to function properly. For a better experience, please enable JavaScript in your browser settings before proceeding.
Messages
11
Reactions
9
hello-
I was convicted of multiple felonies for theft charges almost 10 years ago. I made crucial/instant changes and am now a successful business owner and upstanding citizen.
I was recently restored my gun rights by the circuit court and have also received a CHL from the sheriffs department.
My question is, my attorney told me to hold off on purchasing firearms from an FFL until we do a full expungement and that the restoration does not allow me to purchase new guns from gun stores. I don't get why? My signed judgement says to "purchase and possess" has been restored. I know their is a good reason but I don't understand what it is. I was "gifted" a new firearm from a family member which is completely legal but I want to purchase from a local FFL. Please explain or help...
 
Not a lawyer but it sounds to me like maybe you did not understand what the lawyer was telling you. If you have in writing that you can poses and buy, and the state gave you a carry license you are good to go. My guess here is the lawyer is afraid that when they run the instant check on you the store is going to get delayed or denied. I suspect even after all is good delayed may follow you for life. Only way to really find out is try and see what happens. My have to get a UPIN from the BATF which I have heard helps but even that does not always fix.
 
I'd think that even with all you have worked on to get the right legal stuff taken care of, you may want to prepare mentally for at least a hold on your first background check. First time out of the gate the state will probably take a harder look at your file. After you get the first approval, it will most likely go faster.
 
As a former felon myself, unless you have received a UPIN # from the atf/fbi, you will be delayed or denied the right to purchase, unless your ccw card works as mine does here in Arizona. Soon after my rights were restored (for the 2nd time) after I received the sign off paper from a judge, advising me that all my rights were now restored, I was immediately denied the right to buy a gun. I sent in my application for a Upin#, along with copies of my prints, DL, and rights restoration paperwork and it took over a year to get a Upin#. In the meanwhile I applied for and received my 2nd ccw card. In AZ when a 4473 is filled out, having a ccw card means no phone call is made to nics. This allowed me to make gun purchases before the Upin # was issued.
Seems to me that it would be important to get the ball rolling and get that 4473 form filled out, you don't have to make the purchase if the paperwork does go through, but it's best to know where you stand, rights wise
 
Sealed? Removed? Expunged? It might take a bit of time for all the Expunge orders to filter down through the many data bases? If you have a common name expect to be held up a bit. Local data base. National data base. World data base? Not just the USA FBI data base. Even when everything that legally can be done to clear ones record there will always be traces? This is important to understand.

I am not a lawyer.
 
Sealed? Removed? Expunged? It might take a bit of time for all the Expunge orders to filter down through the many data bases? If you have a common name expect to be held up a bit. Local data base. National data base. World data base? Not just the USA FBI data base. Even when everything that legally can be done to clear ones record there will always be traces? This is important to understand.

I am not a lawyer.

My first conviction was expunged, until I applied for and received my 1st Upin# I was always delayed upon filling out the 4473 form. Second conviction I just had my rights restored and didn't pay the extra $$$ for expungement--I already had the Upin form set aside awaiting my eventual rights restoral--You must request a Upin#, rights restoration alone isn't an automatic federal go ahead. Likely the only way in the op's state that he'll ever walk out of a gun store the same day he came to buy, with the gun is if he requests a Upin#--otherwise it will be perpetual delay after delay as I and others have had in the past--Super annoying at gun shows and when trying to buy guns on sale...
 
Thing is in order to apply for a U-pin# you need to be delayed or denied and have the FFL's reference# NICS Appeals
Info & forms above

That is not my point, my point is why would you pay for legal counsel then ignore it? That goes for any issue. I see a lot of "I'm not a lawyer" comments, that is why we pay for lawyers instead of shooting them. That is why lawyers out of their realm pay for other lawyers, that goes for criminal, tax, international, name it. That said, just like doctors, it is always a good idea to get a second opinion (in this case from a lawyer)
 
That is not my point, my point is why would you pay for legal counsel then ignore it? That goes for any issue. I see a lot of "I'm not a lawyer" comments, that is why we pay for lawyers instead of shooting them. That is why lawyers out of their realm pay for other lawyers, that goes for criminal, tax, international, name it. That said, just like doctors, it is always a good idea to get a second opinion (in this case from a lawyer)

Lawyers versed in state law may not have much knowledge of how fed/atf statutes work--I agree that working against your lawyer is a bad idea, however
 
My wife had a felony when she was in her early 20's we had it expunged and she was able to buy a handgun in 15 mins with no delays. She also got her cwp with no issues and all has been issueless for the past several years. Oddly enough I have never had a felony and have had my cwp for 20+ years and I always get a delay?.
 
My wife had a felony when she was in her early 20's we had it expunged and she was able to buy a handgun in 15 mins with no delays. She also got her cwp with no issues and all has been issueless for the past several years. Oddly enough I have never had a felony and have had my cwp for 20+ years and I always get a delay?.

Sadly the "insta check" has been like pretty much everything the Government gets into, often a mess. When they were pushing this idea I figured at the time, sounds great but I suspect it will not work as advertised. It of course has not but again this is what you get with "compromise".
 

Upcoming Events

Oregon Arms Collectors March Gun Show
Portland, OR
Tillamook Gun & Knife Show
Tillamook, OR
"The Original" Kalispell Gun Show
Kalispell, MT
Teen Rifle 1 Class
Springfield, OR
Kids Firearm Safety 2 Class
Springfield, OR

New Resource Reviews

Back Top