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Yes, that is a possibility. Each state regulates firearm possession as it wants. For example, there was a case that went to the Washington Supreme Court over a decade ago where a felon from Montana who had regained his gun rights in Montana moved to Washington and then got charged with unlawful possession of a firearm. His conviction was ultimately reversed, but he basically just got lucky.

There is quite a few cases like this that can be found online.

I may not be a lawyer, nor did I stay in a Holiday Inn last night, but if I were, I would argue double
Jeopardy all day.

Does Texas have the right to impose punishment on a person who was convicted of a crime in Washington? (This is not a request for legal advice!)
 
When my gun rights were restored in wa state was the ATF database or whatever actually cleared, or did they just add the order too it? I don't know if this is relivent but in 2005 I joined the army. I still mentioned the juvenile conviction to my recruiter and meps even though it was sealed. On the way home from one of my meps appointement my recruiter said he called the juvenile court and they would not release my records to him. Also, they electronically took my fingerprints and sent them to the FBI. I got a paper back from maps with a bounch of * on on and it said "No Record Found". Also I got some paperwork back from meps that THEY filled out and a question said "does this applicant have a criminal record" and THEY said "no". so I guess my question is if even the military was not able to get my sealed record why would it show up in a gun purchase background check? I would find it strange that I the government would say I could go into the military and have all kinds of access too weapons but not be able to buy a gun in the civilian world.

Your criminal history record as accessed by ATF/FBI/state agencies only exists if you were fingerprinted in connection with the conviction. Many juveniles do not get fingerprinted, which may be why the FBI rap sheet had nothing on it. Generally, though, if you do have a criminal record, it just gets updated to reflect the restoration. Criminal history almost never gets "cleared."

As someone else pointed out, there is an exemption in federal law for felons having guns for the purposes of military service.

Thanks, should I just go ahead with a purchase? what happens if it is denied, is that a crime in and of itself or will they just say "sorry but you've been denied"?

Since July of this year, FFLs are required to report denials to law enforcement. The investigation/prosecution is subject to availability of funds and I have not heard of anyone actually be investigated or prosecuted....yet. The charge would be attempted unlawful possession of a firearm.

I'm not really sure how another state would even know about a loss of gun rights in WA that'd been restored. As a lay person I thought restoration of rights was the equivalent of having a finding of guilty for a prohibitive offense changed to not guilty.

After all, the 4473 and the WA Pistol Transfer form both ask if the transferee has ever been convicted of a felony. We all know it's a bad idea to lie on a government form.

So, if your gun rights have been restored in WA and you answer no to the felony question, is that true, or are you lying?

Since we know it's not a lie then it must be true. If it's true then how on earth would CA, OR or XX state come to believe otherwise?

Your criminal history is available to all criminal justice agencies nationwide. It would reflect if you've been convicted of a prohibiting offense and if you had your gun rights restored, it would reflect that as well. As someone else pointed out, form 4473 answers your other question: it clearly states in the instructions that if you've had your gun rights restored, you can answer "no" on the question.

As a FFL/SOT i'm saying if you passed a 4473 you are good to go anywhere FBI NICs isnt Washington Nic's
"NATIONAL Instant Criminal Background Check"

Your fine .

Incorrect. It is entirely possible (and happens quite frequently) that you can pass a background check in one state but not in another.
 
Cleared MEPS ------------------( Check)
Passed the SF-93 -------------( Check )
Already approved on 4473 ---( Check)

That's 14 Agencies they have ran you through.
I would say your good in the eye's of the law.
 
... I may not be a lawyer, nor did I stay in a Holiday Inn last night, but if I were, I would argue double Jeopardy all day.

Does Texas have the right to impose punishment on a person who was convicted of a crime in Washington? (This is not a request for legal advice!)

The argument against you goes like this: "he wasn't prosecuted for the same crime as the original conviction, he was prosecuted for a subsequent crime based on different facts, namely, being a felon in possession. Double jeopardy - Wikipedia
 
The argument against you goes like this: "he wasn't prosecuted for the same crime as the original conviction, he was prosecuted for a subsequent crime based on different facts, namely, being a felon in possession. Double jeopardy - Wikipedia

I understand what you're saying, but I'll stand by my previous statement due to a previous experience on jury duty in Tennessee.

A Felon is State "A" completes his sentence, and regains the Right to Keep and Bear Arms. State "B" arrest said Felon for being in possession of a firearm.

Presiding Judge dismisses case due to Firearm Rights being restored. Using case "X" as a precident, and accuses State "B" of reimposing a punishment that has already been completed.

ie, Double Jeopardy.
 
That is a multi-tiered question/statement

First, while I am not expert, the Military has exemptions in place via Federal Law to allow less than perfect citizens to volunteer for Military Duty.

I was once a Senior Drill Sergeant, and part of my duties were to prepare the paperwork of Trainees for Secret Clearances. You'd be amazed at what the records I have seen.

In a nutshell, the Military has to take State Level crimes and relate then to Federal Crimes. As an example, Felony Malcious Mischeif in Washington State is not a Felony at the Federal Level because Malacious Mischief is called Vandalism on the Federal Level.

There is some crimes which people can be convicted of, and they can serve until deployment time comes. The crimes then prevent the Service Member from deploying and initiates separation procedures.

Military Service is the equivalent of a Civil Right, so only a select few lose that right permanently. And service requirements vary from Branch to Branch, and worldwide situations dictate to level in which the Military will accept volunteers.

War means volunteers needed. Peace means very selective service requirements.
 
doesn't make sense that a person would be allowed to enlist but not deploy, I never heard of that happening when I was in. why would they enlist a person if they could not deploy?
 
like I said in my second post, when my fingerprints were sent to the fbi from meps, it came back clear. why would it not come back clear for a gun purchase? I assume the federal database is one data base. Also, on the 4473 it says if your record was expunged/if your your rights were restored you can answer "no". the same form is used in all states so if I answered "no" I would not be lying according to the form, is that correct? also, I've heard a person can get a copy of their own fbi record, could a person get a copy of their own atf/nics record? wouldn't it be the same thing? when I joined the army that was of course a federal issue, if I had any record with the feds I would assume they would release it to the military, but again like I said in my second post it came back clean. so I would think it would come back equally clean if purchasing a gun regardless of state? what am I wrong about?
 
Thanks, that's what i'm thinking but I keep getting different answers here. you can read my second post about getting a clean fbi record at meps. even if I was denied for some strange reason, could I hire a lawyer and challenge it?
 
Cleared MEPS ------------------( Check)
Passed the SF-93 -------------( Check )
Already approved on 4473 ---( Check)

That's 14 Agencies they have ran you through.
I would say your good in the eye's of the law.
Thanks, that's what i'm thinking but I keep getting different answers here. if the fbi check came back clear at meps I would assume it would come back clear for a gun purchase. I mean, if I had any record with the feds, they would have realesed it to the army, right? but again it came back clear.
 
Listen, the gun check checks specifically whether you're prohibited by state or federal law from possessing a firearm. This is a very, very specific check and it not equivalent to other checks. Just because you came back clear from MEPS, doesn't mean you're clear to have a gun. I have had clients who have passed all sorts of FBI/ATF background checks for hazmat, explosives, etc, and have still been denied a gun. The assumption that passing one background check means you'll pass them all has no basis in reality. As I also explained previously, it is entirely possible, and happens frequently particularly in Washington state, that you can pass a background check in one state but not in another. NICS bases its decisions on both federal and state law, so if you move from one state where you're not prohibited into another state where you are, you would be denied in the new state.

No, actually there is not just one federal database. When running a background check, NICS checks three different databases: III (nationwide criminal history), NCIC (nationwide warrants and protection orders), and the NICS Indeces (all the other misc stuff that doesn't fit into the first two).

You can get a copy of your III rap sheet from the FBI, but I am not aware of any procedure to order a copy of your own report for the NCIC or the NICS Indeces.

If you were denied, yes, you can challenge the denial. I suggest not filing a formal appeal, though, because those are backed up two years. You'll want to speak with a lawyer.
 
NICS bases its decisions on both federal and state law, so if you move from one state where you're not prohibited into another state where you are, you would be denied in the new state.

Is there a relatively straightforward and inexpensive way for a layperson to determine if he/she would be prohibited in another state so as not to discover the answer the hard way?
 
Hiring a lawyer to do an hour or two of research should be relatively inexpensive, but no, not really. NICS does not offer advisory opinions and while sometimes you may be able to get a local law enforcement agency to render an opinion, they come up with the wrong conclusion way too much to be trusted.
 

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