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Lawyer advise please
#8516536
01/29/22 02:55 PM
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Joined: Sep 2011
Posts: 2,952
Vern1
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OP
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Joined: Sep 2011
Posts: 2,952 |
One of my best buddies went to pick up his new pistol and the ATF denied his form. He got in trouble that was cleared back in 2005 after he served his probation but it still shows on his record so he was denied.
Does anyone know a lawyer or law firm that handles things like this?
Thank you in advance for your time.
Cheers, Vern1 Texans since The Old 300 in 1824 NRA Lifetime Member
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Re: Lawyer advise please
[Re: Vern1]
#8518315
01/31/22 07:03 PM
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Joined: Jul 2019
Posts: 11,788
Hudbone
THF Celebrity
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Joined: Jul 2019
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Why not just provide the clearance paperwork to the ATF?
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Re: Lawyer advise please
[Re: Vern1]
#8518325
01/31/22 07:10 PM
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Joined: Feb 2013
Posts: 4,492
krmitchell
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I think the appeals process goes through the FBI, not the ATF. https://www.fbi.gov/services/cjis/n...background-check-system-nics-appeals-vafI Was Denied a Firearm—What Happens Now? Firearm-Related Challenge If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one. This process will provide you: the reason your background check was denied, and the opportunity to challenge your denied background check online – including a Nuclear Regulatory Commission background check. State Permits The FBI does not accept challenges or provide reasons for delays or denials on state-issued firearms permits. Those questions should be directed to the state agency. The NICS Participation Map explains whether your state, or the FBI, conducts firearms buyers’ background checks. How to File a Firearm-Related Challenge To challenge your firearm denial, visit https://www.edo.cjis.gov.To submit a challenge through the mail, send a request to: FBI CJIS Division Attn: Criminal History Analysis Team 1 BTC 3 1000 Custer Hollow Road Clarksburg, WV 26306 When submitting a challenge via mail, include your NICS Transaction Number (NTN) or State Transaction Number (STN). Failure to include these numbers will delay processing.
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Re: Lawyer advise please
[Re: krmitchell]
#8518427
01/31/22 09:21 PM
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Joined: Dec 2009
Posts: 8,693
The Dude Abides
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2009
Posts: 8,693 |
I think the appeals process goes through the FBI, not the ATF. https://www.fbi.gov/services/cjis/n...background-check-system-nics-appeals-vafI Was Denied a Firearm—What Happens Now? Firearm-Related Challenge If you believe you have been wrongfully denied a firearm, you can request a firearm-related challenge (appeal). You may only challenge a denied firearm transaction, not a delayed one. This process will provide you: the reason your background check was denied, and the opportunity to challenge your denied background check online – including a Nuclear Regulatory Commission background check. State Permits The FBI does not accept challenges or provide reasons for delays or denials on state-issued firearms permits. Those questions should be directed to the state agency. The NICS Participation Map explains whether your state, or the FBI, conducts firearms buyers’ background checks. How to File a Firearm-Related Challenge To challenge your firearm denial, visit https://www.edo.cjis.gov.To submit a challenge through the mail, send a request to: FBI CJIS Division Attn: Criminal History Analysis Team 1 BTC 3 1000 Custer Hollow Road Clarksburg, WV 26306 When submitting a challenge via mail, include your NICS Transaction Number (NTN) or State Transaction Number (STN). Failure to include these numbers will delay processing. ^ This 100%. It's the ONLY way to begin an appeal.
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.
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Re: Lawyer advise please
[Re: Vern1]
#8518690
02/01/22 02:09 AM
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Joined: Mar 2010
Posts: 8,405
ntxtrapper
THF Trophy Hunter
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Joined: Mar 2010
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With straight probation, he will have a permanent criminal conviction on his CCH. This likely the reason for the denial. Deferred adjudication is different and isn't considered a conviction in Texas.
"Whosoever is delighted in solitude, is either a wild beast or a god."
- Aristotle
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Re: Lawyer advise please
[Re: Vern1]
#8518919
02/01/22 01:29 PM
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Joined: Sep 2011
Posts: 2,952
Vern1
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Thank You for your help!
It was deferred adjudication that never got cleared. I passed on the information.
Cheers, Vern1 Texans since The Old 300 in 1824 NRA Lifetime Member
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Re: Lawyer advise please
[Re: Vern1]
#8519589
02/01/22 11:02 PM
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Joined: Mar 2010
Posts: 8,405
ntxtrapper
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Joined: Mar 2010
Posts: 8,405 |
Thank You for your help!
It was deferred adjudication that never got cleared. I passed on the information. There's a form called a TRN (Tracking Number) that gets filled out upon any initial arrest for a B or above, and it's supposed to follow the case through the whole process until it's finalized, and then is sent to DPS for entry into NCIC. Back then it was pretty common for the form to not make it all the way. Today it's all electronic and is much more accurate.
"Whosoever is delighted in solitude, is either a wild beast or a god."
- Aristotle
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