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Lawyer advise please #8516536 01/29/22 02:55 PM
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Vern1 Offline OP
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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
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Re: Lawyer advise please [Re: Vern1] #8518315 01/31/22 07:03 PM
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Why not just provide the clearance paperwork to the ATF?

Re: Lawyer advise please [Re: Vern1] #8518325 01/31/22 07:10 PM
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krmitchell Offline
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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-vaf

I 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.

Re: Lawyer advise please [Re: krmitchell] #8518427 01/31/22 09:21 PM
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Originally Posted by krmitchell
I think the appeals process goes through the FBI, not the ATF.

https://www.fbi.gov/services/cjis/n...background-check-system-nics-appeals-vaf

I 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.


Originally Posted by Superduty
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.

Re: Lawyer advise please [Re: Vern1] #8518690 02/01/22 02:09 AM
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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.

Re: Lawyer advise please [Re: Vern1] #8518919 02/01/22 01:29 PM
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Vern1 Offline OP
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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
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Re: Lawyer advise please [Re: Vern1] #8519589 02/01/22 11:02 PM
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Originally Posted by Vern1
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.

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