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TICS background check appeal after restoration of citizenship rights


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Posted

Long story short, about 2 years ago I attempted to purchase a .22 plinker believing my rights had been restored in 2003 and was denied. After going round and round with the Court clerk's office, I filed a petition seeking clarification of the restoration of my citizenship rights. The assistant DA contacted me and told me they weren't going to challenge my petition and he assisted me with Order. The judge signed the Order which explicitly states that my rights of citizenship were restored and that there is NO firearms disability. That was on March 1st, 2024.

On March 8th, I attempted another purchase expecting to be denied. I immediately appealed and sent a copy of the Order. After a few days, my status changed to SUSTAINED DENIAL. I've been in weekly contact with the TBI and have been told that my case is with their legal department now. Since it hasn't been changed to CONDITIONAL PROCEED, I'm assuming there's a problem with the disposition but the TICS agent isn't able to tell me anything.

Anyone have any advice on how to proceed? Is this something my State Rep might be able to help with? Am I being too impatient?

Thanks!

 

Posted

The wheels of .gov spin slowly, I wouldn't expect an order signed and an attempt to purchase 7 days later to go through. Just curious did you have your own attorney to help with drafting the order or have since had an attorney review the signed order to ensure it indeed restored all the rights?

Posted (edited)

I checked back this morning and the denial has been overturned. I plan to complete the purchase this evening.

I didn't use a lawyer. I trained a GPT on Tennessee and Federal Firearms law, TCA 40-29 and the specifics of my case and had it draft the petition as well as all of the supporting evidence. I also had a proposed order written that I included with the case. The Assistant DA basically summarized that. There was some disagreement as to the date when the initial restoration was supposed to have occurred, but I got I wanted so I didn't see the point in arguing that.

I've attached the order if you'd like to see it.

redacted.PNG

Edited by TNnutt
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Posted

Congratulations on having your rights restored. I truly mean that as I am a firm believer we should make that process easier instead of creating a permanent class of second-class citizens.
 

Honestly, though, I have to say that I am most impressed and interested in your use of GPT to assist with what would’ve been the work performed by a paralegal in the past.

Posted
19 minutes ago, Chucktshoes said:

Congratulations on having your rights restored. I truly mean that as I am a firm believer we should make that process easier instead of creating a permanent class of second-class citizens.
 

Honestly, though, I have to say that I am most impressed and interested in your use of GPT to assist with what would’ve been the work performed by a paralegal in the past.

Thanks. I'm an autodidact. Other than the waiting part, I enjoyed the process and learned quite a bit. Now that I've successfully navigated the process, I may make a new GPT out of what I've learned to help others.

I know now what went wrong with the original petition for restoration. It was partly my fault for not following up and assuming that things were in motion. It was also partly the DA's fault and the court's fault.

The restoration statutes have been on the books for at least the last 60 years but in 2006, the passed an addition to the statute that applied only to voting rights but was more permissive with regards to who qualifies. So when I initially petitioned in 2003, and received a letter from the DA that they approved, that law didn't exist.

The original process for restoration isn't that difficult, but you'd be surprised how many lawyers, judges, court clerks and DAs don't know anything about it.

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Posted

Well, went this evening to the Rural King where I had initially attempted the purchase and since it took over 30 days for the TBI to overturn the denial I had to redo the form 4473. This time I got flagged by Rural King as a prohibited person even though they had the letter from TICS. I'm going to try again in the morning when their firearms compliance people are in the office and if it doesn't go through then, I'll look/try elsewhere.

Posted

Update: I went to a gun store in Knoxville and was able to purchase a firearm. Background check seemed like it took less than 2 minutes.

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Posted

This is good to hear.  My daughter went thru a rough spot a while back and is on probation now.  Once she’s done with that her felony is supposed to be expunged.  I want to leave her a couple of my guns, so o guess I need to start figuring out the process for her.

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