Advice on a background denial

[Guest Bm2]

PLEASE HELP...

A while back I was arrested and charged with misdemeanor domestic violence. My wife and I argued, the neighbors called the police and they said since they showed they had to seperate us and that I was going be arrested. The next morning my wife bailed be out. A couple weeks later we went to court, the judge asked my wife if we were moving forward with this and she said no and that this was a misunderstanding. A couple weeks after I paid all fines and and had everything expunged.

Now I have been denied on a background check for a handgun. I appealed and TICS has told me, after 15 day's and several phone call's, that they see the arrest but cannot find an outcome ( due to expungment) therefore I am still denied. After arguing with them over the phone they then told me my status was actually being moved to "conditional proceed", which doesnt help because the dealer will still not turn over the gun.(Understandable)

My question is that if there is no felony CONVICTION, how can I be denied? I understand delay but according to the tn law my denial should be reversed. Is a "conditional proceed" considered a reversal?

Meanwhile the dealer is holding my money and gun and will not give a refund until I get an answer back from the appeal. They are also informing me that I will have to appeal to the fbi before turn over the refund or weapon.

Any help/advice/answer's would be very appreciated!!!

[cadillacdude1975]

you need to go to the court that handled this situation and get all documents pertaining to this event and fax them to who ever needs them. if it was expunged, then you might need to get a form and have the judge sign it or something.

it might be easier to retain a lawyer. im sure there is a firearm lawyer lurking around here on TGO. seems i remember seeing one post at one time.

anyone here on TGO know of a fellow member that is a firearm friendly lawyer? maybe the OP can get legal advice from him/her on how to proceed?

[Oh Shoot]

....

My question is that if there is no felony CONVICTION, how can I be denied? ..

There's this, too:

"Shall not have been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C.A. 921 (33); "

That's for HCP, so probably same for purchasing firearm.

You'll definitely need to get some court documentation to the proper authorities, but I'm not sure who that is...

- OS

[TGO David]

I can refer you to a lawyer who is more than capable of handling this. PM me if you want his contact information.

[Garufa]

TICS will not approve with a "disposition". They knew you went to court but with the expungement obviously do not know the outcome of that event.

You're gonna need to find a way to get that information to them.

[cadillacdude1975]

I can refer you to a lawyer who is more than capable of handling this. PM me if you want his contact information.

i think this is what he should do as well. red tape needs to be dealt with more red tape. im sure all this will require is some paperwork flying across the internets and you will be good to go in a couple of weeks.

one thing the gubamint will not do is any legwork. they could very well make a phone call and find out the outcome, but sadly the system does not work that way. i know it is stupid, but that is the way the system works. get with David and get it cleared up with that lawyer before it really becomes a bigger headache than it already has.

[jimic]

i heard of a man charged with pease bond......the conviction was less than one year and not concedered to stop carry permit application

[Guest mustangdave]

This happened to me when I purchased my first handgun...all you need to do is go to the clerk of the court...get the proof of expungement...take it to the TBI...they rubber stamp it and you're gudtahgo...go purchase that weapon from the dealer...that easy...i wasted a little gas but it was worth the headache

[Guest Bill Lumberg]

You don't need to be convicted of a felony, or any other crime, to be ineligible to purchase a handgun. Simply having a protective order, or pleading to certain misdemeanors makes you ineligible. Check out 18USC922. This isn't new.

PLEASE HELP...

A while back I was arrested and charged with misdemeanor domestic violence. My wife and I argued, the neighbors called the police and they said since they showed they had to seperate us and that I was going be arrested. The next morning my wife bailed be out. A couple weeks later we went to court, the judge asked my wife if we were moving forward with this and she said no and that this was a misunderstanding. A couple weeks after I paid all fines and and had everything expunged.

Now I have been denied on a background check for a handgun. I appealed and TICS has told me, after 15 day's and several phone call's, that they see the arrest but cannot find an outcome ( due to expungment) therefore I am still denied. After arguing with them over the phone they then told me my status was actually being moved to "conditional proceed", which doesnt help because the dealer will still not turn over the gun.(Understandable)

My question is that if there is no felony CONVICTION, how can I be denied? I understand delay but according to the tn law my denial should be reversed. Is a "conditional proceed" considered a reversal?

Meanwhile the dealer is holding my money and gun and will not give a refund until I get an answer back from the appeal. They are also informing me that I will have to appeal to the fbi before turn over the refund or weapon.

Any help/advice/answer's would be very appreciated!!!

[K191145]

You don't need to be convicted of a felony, or any other crime, to be ineligible to purchase a handgun. Simply having a protective order, or pleading to certain misdemeanors makes you ineligible. Check out 18USC922. This isn't new.

I've always thought that was a constitutional infringment, being denied a firearm on hearsay only. My sister was beaten and hospitalized by her ex 20+ years ago when she had a protection order on him so what do those do anyway to a psycho who is determined and doesn't care about the consequences? He could have easily obtained a firearm and shot her weather he had the PO or not. Also I have known, thank God never been involved with, some vindictive women who would file a protection order just simply for revenge knowing their husband/boyfriend would be denied his rights. As a matter of fact I know of a case where that happened to a friends son. There was no proof, witness, or evidence of abuse, just her word against his and he was told he couldn't posess firearms. He may have hit her or not but I do know there was no evidense of it.

[Guest pardue10]

There is a time lag between Charge and Conviction. They err on the safe side.

[Guest pws_smokeyjones]

Meanwhile the dealer is holding my money and gun and will not give a refund until I get an answer back from the appeal. They are also informing me that I will have to appeal to the fbi before turn over the refund or weapon.

Many here have offered good advice that I agree with. Here is the part of your opening comments that confuses me. So the dealer is saying that he won't give your money back unless you appeal to the TBI? Maybe that is the law but it sounds like a load of hogwash to me. What dealer? If you don't want to bust on them in public I can understand that, but if they are running foul in this situation it would be nice to know what dealers to avoid.

[dunndw]

They don't sound like somone I want to deal with at all either. I understand not getting the NICS fee back, but what gives them the right to hold your money? I'd clear this matter up with the courts, then demand a refund from the dealer and give my money to another store. Why did they process payment BEFORE the background check cleared anyway? Every time I buy a piece the money is the LAST thing that changes hands.

4473

fingerprints

NICS

money

usually in that order.