Ooops, wrong answer!

[jrd541280]

A friend of mine recently decided to buy her first SD pistol and get the S@W rebate in the process. Trouble is, being her first BC form, she did not read the questions carefully. 20 plus years ago she slugged an older class-mate in the nose. Anyway, being as honest as she knew how to be, when she got to the question about "being convicted of a felony, dv, or other, she checked yes.
2 weeks went by before she knew she was denied.
My question to you folks is, how does she correct this?
What i'm pissed about is why didn't the checking agency see that she was never convicted of a felony and approve the sale?
Is this a 1 oops and out program?

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[The Heretic]

Because no agency's records are complete, or at least not known to be complete.

Even the feds may not know if you have been convicted of a felony because the states and municipalities don't report everything. So they rely on the person filling out the form to be honest/complete, and if they are not, and later are found that they had a felony when they said they did not, then they can be prosecuted.

So if you say you committed a felony, then they take your word for it - their records may not be complete so they err on the side of caution.

 

[Camelfilter]

Whomever was doing the transfer should have caught that, and asked her about it (I would think anyways).

Dunno tho, any FFL's on here? Would you catch that someone answered a question which would result in a deny, and ask them about it? Or is it more along the lines of fill out out the form and see what happens?

 

[Camelfilter]

I will add though that if she was actually convicted, she would have to have that record expunged.

 

[jrd541280]

She plead guilty of slugging an older class mate in the nose. She did not understand the question in its entirety, and checked yes to having been convicted, trying to be honest about "ever having been in trouble".
Btw, all of this is when she was a minor.
She just checked yes on the wrong box and submitted it.
Who or how does she get this corrected?

 

[jordanka16]

I do 4473s where I work, and if someone checks yes to one of those questions we cant even submit them for a bgc, that being said, when you punch that form into the computer, it does not ask you any of those questions, since she was denied it makes me think that there is something in her past causing it, maybe that incident, maybe another.

 

[jordanka16]

In other words she didn't get denied just because she checked that box.

 

[IronMonster]

All those yes/no questions have to be answered right (yes it's you buying the gun for you and no to everything else) or it's an automatic deny.

So I had a felony charge which was pardoned, my rights fully restored.

I have to answer I have never had a felony (and am legally able to do so because a pardon is a restoration of innocence).

It's a little weird as the form is very explicit in what it asks and it seems counterintuitive.

However you cannot answer yes and pass, (According to several FFL's I've asked and my attorneys) and if you are eligible to own a firearm you are expected to answer no if the offense no longer precludes firearms ownership.

That said, don't listen to me. Get and listen to an attorney with lots of firearms law experience

 

[jrd541280]

She DID get denied because she checked that box. 2 weeks went buy and no call from bi-mart as to if she could pick up her pistol. So, I told her to call them. She actually went by instead and asked what's up? The lady that sounded to me like she knew the "ins and outs" of this told her, you checked the box that said you had been convicted of a felony. By mistake.
Can she re-do the form, no questions asked?
Does she go to the sherriff and say I f###ed up?
Or does she request a hearing in some federal court.
This gal is solid!!!, just checked the wrong box trying to be honest.

 

[jordanka16]

OK, they didn't actually submit that form? If they didn't submit it all she has to do is fill out a new one, not check the box and she should be good to go, assuming she was never convicted.

 

[jrd541280]

All those yes/no questions have to be answered right (yes it's you buying the gun for you and no to everything else) or it's an automatic deny.

So I had a felony charge which was pardoned, my rights fully restored.

I have to answer I have never had a felony (and am legally able to do so because a pardon is a restoration of innocence).

It's a little weird as the form is very explicit in what it asks and it seems counterintuitive.

However you cannot answer yes and pass, (According to several FFL's I've asked and my attorneys) and if you are eligible to own a firearm you are expected to answer no if the offense no longer precludes firearms ownership.

That said, don't listen to me. Get and listen to an attorney with lots of firearms law experience

 

[IronMonster]

She can just fill out the form and should be good to go. It does not matter if it was called in or not (it most likely was not)

Each 4473 is its own check, it has nothing to do with the one before and the Feds are not suppose to keep any of the info on file (I doubt that's true but they are suppose to purge all the background check info like every 30 days or something)

 

[jrd541280]

Respect, but disagree, firearms laws are so scary they discourage a good person like this from purchasing a tool of self defense because of a mis understood question.
What i'm asking is now that the mistake was made on her part, how does she resolve this?

 

[IronMonster]

Firearms laws are not scary and if she did nothing but check a box by mistake she has nothing to worry about.

When I first got my rights back I went into the local Sheriff and ask if he could run me to see if I was good to go. He said "nope, doesn't work like that, I would need to charge you with a crime and arrest you to see your record"

I said "how do I find out?" He said "Well, why don't you go try and buy a gun?"

 

[jordanka16]

If it was called in it means osp actually denied her, so she could just fill it out again but she would just be denied again.

If they didn't submit it, no harm no foul, just fill a new one out.

 

[jrd541280]

Iron, I was wondering that. Hoped that might clear it all up. Appreciate that tip

 

[jrd541280]

Yes, basiclly she got scared and tried to be too honest. So sad.

 

[bbbass]

Yes, basiclly she got scared and tried to be too honest. So sad.

She is the unfortunate victim of good parenting.

Like the others have said, give it another go.

 

[WALawyer]

Usually an FFL won't even run a background check if the box on the form is checked "yes." It's weird that the FFL submitted it in the first instance. If her name has been added to the NICS Index, she may be denied in the future even if she's not prohibited from possessing a firearm. If she IS prohibited, then she'll need her gun rights restored. She needs to speak with a lawyer about what to do next.

 

[Switchblade666]

Firearms laws are not scary and if she did nothing but check a box by mistake she has nothing to worry about.

When I first got my rights back I went into the local Sheriff and ask if he could run me to see if I was good to go. He said "nope, doesn't work like that, I would need to charge you with a crime and arrest you to see your record"

I said "how do I find out?" He said "Well, why don't you go try and buy a gun?"