Legal to own or purchase a firearm?

[Guest Mglass1045]

Not sure if this belongs here, sorry if it doesn't.

Going to try to make a long story short.

A group of guys from work, including myself, took the CCW course a while back. Completed all the requirements. A few months later everyone got their license, except me. I got a letter declining me, saying I had a juvenile arrest record.

So back in 1994 in CA, I was 14, a friend at the time and myself got arrested for shooting out a street light. I should add, with a slingshot. I know it was stupid, anyways. Nothing ever came of it. No juvy, no jail, no court. Nothing. I guess I talked to the chief of police, or someone, they said if I stayed out of trouble till I was 18 no charges would be brought up. The worst I've ever done since is had a couple speeding tickets.

So back to present day, kinda shocked that I was denied a carry permit. Trying to get to the bottom of this, CA has no record of me doing anything. Someone suggested that I get my juvenile record sealed. Would that take care of it, or do I need to do something else?

My questions are;

Can I legally buy or own a firearm?

Do I need to seal my record, or is there something else I should be doing?

I love to hunt and fish, and I want a ccw permit. I just want to be legal about everything. I've read the laws about owning firearms and I'm just not sure. Sorry for the long post. Thanks

[Dolomite_supafly]

If you have a common name that might cause the mix up.

The the letter say you had a juvenile record or are you assuming that what the denile is because?

From the sounds of it there has to be more to it. Maybe nothing on your end but maybe on the end of another person with the same name. Seems a bit much to deny based on a minor infraction as a juvenile.

Dolomite

[Guest bkelm18]

I see no reason why you should't be able to purchase a firearm.

[Oh Shoot]

To echo Dolomite, what does letter say is reason?

What does it say for you to do, or who to contact?

Any case uncovered in the background check that does not have a published resolution may stop the process until documentation is supplied. This happens even if a conviction on the old charge would not be a disqualifying event.

Often, one is able to pass a check to buy a gun, but the more extensive check for a HCP uncovers a glitch. No way to know if you can pass check for firearm purchase short of trying it that I know of, although I think you can pay TBI to run a check on yourself (but don't know the procedure). You've never bought a gun from a dealer before?

- OS

[vontar]

Forget what I was thinking , Go with OS.

[Guest Mglass1045]

The letter I received states, I did not meet the eligibility requirements of TCA 39-17-1351 or 39-17-1307 and 18 USC 922(g) or any other State or Federal Law Regulating Handgun Carry Permits. Denial is a result of: 9/27/1994 police dept Tulare, CA Vandalism.

I've truthfully never tried to buy one before, due to not knowing if I would be denied. After I got that letter, kinda took the wind out of my sails. Don't know if it's a pride thing or what, but I don't want to be standing there looking like an idiot when they say I've been declined, they can't sell me whatever.

I'm just not sure how the legal system works, if I can seal my record and that takes care of it. Or if I need to try to get out thrown out, or get a verdict.

Edited March 5, 2011 by Mglass1045

[Guest Broomhead]

I would recommend talking to a lawyer to be honest with you. Most will have a consultation with you to see if they will be able to help. There are a few that are members on here. You might try PMing or emailing one of them.

[Oh Shoot]

The letter I received states, I did not meet the eligibility requirements of TCA 39-17-1351 or 39-17-1307 and 18 USC 922(g) or any other State or Federal Law Regulating Handgun Carry Permits. Denial is a result of: 9/27/1994 police dept Tulare, CA Vandalism.

I've truthfully never tried to buy one before, due to not knowing if I would be denied. After I got that letter, kinda took the wind out of my sails. Don't know if it's a pride thing or what, but I don't want to be standing there looking like an idiot when they say I've been declined, they can't sell me whatever.

I'm just not sure how the legal system works, if I can seal my record and that takes care of it. Or if I need to try to get out thrown out, or get a verdict.

A conviction for vandalism is not a disqualifying reason for HCP. It's denied because there is not a final disposition of the case on record. You need to get some sort of final judgment documentation and give it to TBI. Many others have gone through this, but I don't know how they found the correct part of TBI office to deal with. Perhaps through TNDOS?

Perhaps some will chime in about who to get in touch with and what they'll require for this.

Generally, having records "sealed" or expunged will hide them from normal inquiries, but not from law enforcement. I'm pretty certain you simply need some sort of documentation for final judgment; guilty, innocent, case thrown out, whatever.

- OS

[Guest tnxdshooter]

A conviction for vandalism is not a disqualifying reason for HCP. It's denied because there is not a final disposition of the case on record. You need to get some sort of final judgment documentation and give it to TBI. Many others have gone through this, but I don't know how they found the correct part of TBI office to deal with. Perhaps through TNDOS?

Perhaps some will chime in about who to get in touch with and what they'll require for this.

Generally, having records "sealed" or expunged will hide them from normal inquiries, but not from law enforcement. I'm pretty certain you simply need some sort of documentation for final judgment; guilty, innocent, case thrown out, whatever.

- OS

Yes os it was through the department of safety. They gave me a point of contact to talk to there at the tbi. I called her she told me what was needed, gave me her fax number and I faxed the expungement paperwork to her. I called her back about 3 hours later she said she had the paperwork and was processing it and that I would be issued my permit. I got the permit about 10 days later.

Edited March 7, 2011 by tnxdshooter

[Guest Mglass1045]

Thanks for the help so far! I guess I need to get some legal advice on how to proceed. I've already checked with the state of CA, and they have no record of me or any indication that I did anything.

Does anyone know of anyone in the Nashville area that might be able to help?

[RobertNashville]

I had a similar incident happen to me...an arrest record from over 20 years before but wrong person; charges against me were dismissed. HOWEVER, Tennessee, in its rush to not do anything more than necessary found the "arrest record" and no "resolution" and the burden was on me to "prove" I was eligible for my carry permit. I hired an attorney to get notarized records from the court (in another state) and then supply them to Tennessee so they could issue my permit.

This is a perfect example of the HUGE holes in the present system...our constitutional right to keep and bear arms is held hostage to miss-identification, incomplete or erroneous records or "electronic records" that no longer have anything in paper to even back up their existence and subject to the whims of 50 state legislatures and thousands upon thousands of court and court employees who you hope did their job perfectly.

Right now, if you go to buy a weapon, the primary burden of proof that you are legally ineligible is on the "state"; it should be that way with issuing carry permits as well...being "arrested" for a crime is NOT the same as being convicted of one and the HCP folks simply finding an arrest record should not then put the burden on proof on YOU to prove you are innocent; especially given the state of such records...the HCP folks should be required to prove you were convicted (and therefore ineligible).

[RobertNashville]

You most likely need an attorney in CA; not TN but one of each probably wouldn't hurt.

[R1100R]

I t happen to me on a renewal. I just called the County it happened in. They gave me a letter of disposition of the case. I drove it over to the permit office and got my permit a week later. Took about two weeks. I had to send some money for the letter, I think it was around $20.00.

Call that Court Clerks office in the county it happened.

Edited March 6, 2011 by R1100R

[Guest Sgt. Joe]

Ohshoot has this nailed:) as usual;)

The very same thing happened to me.

What you are going to need is to obtain a "certified" disposition of the case from CA. In order to do this you will need to contact the clerk of the court in the county that it all happened in and go from there with what they tell you about how to proceed. Check to see if they have a website and get the proper numbers there.

I did not need to involve any Lawyers in my 20+ year old bad check case, DOS just wants the certified disposition that the case is indeed closed and that county clerk has that.

I would also advise that when you get the "certified" dispositions that you get TWO copies, DOS will want an original copy. The day after I sent them mine I was denied a purchase for the first time ever, I had previously bought guns with no problem. When I talked with TBI that day they also wanted a copy of the dispositions???? They never had before. Luckily I had ordered two copies and the TBI will accept a faxed copy so I was able to clear that up within one day.

It is as someone already said a big hole in the system and a bit dumb.

But rest assured that all DOS wants is to know what the deposition was and once they do you will get your permit. But it is going to be up to you and you alone to contact that county clerk and get those documents.

I have no idea how CA operates but FL is notorious for crappy record keeping and had I not known a high ranking Sheriffs Officer and the Police Chief in the town it all happened in I would have had to wait much longer, the clerks alone were not being very helpful. They had to completely re-open the case and have a Judge give it a disposition before the clerk could send me the papers I needed.

For a good long read of my ordeal and others............

http://www.tngunowners.com/forums/handgun-carry-self-defense/31245-my-handgun-carry-permit-sob-story-9.html

[Guest tnxdshooter]

Thanks for the help so far! I guess I need to get some legal advice on how to proceed. I've already checked with the state of CA, and they have no record of me or any indication that I did anything.

Does anyone know of anyone in the Nashville area that might be able to help?

Either they are lying to you or they are just stupid (typical commifornia I would say a little of both). If they had nothing on you period then this would not even be an issue. Obviously they have something. If the case was Dismissed you need to get the judge to expunge it off your record.

[JReedEsq]

I would recommend talking to a lawyer to be honest with you. Most will have a consultation with you to see if they will be able to help. There are a few that are members on here. You might try PMing or emailing one of them.

Honestly, you'll be better off calling a lawyer in the jurisdiction where you had the vandalism charge. You will likely be able to get it expunged and it really shouldn't be expensive. I won't tell you how much I charge for expungements because I'm not a vendor here, but it's the same as a simple will and it's about the cheapest service I provide. In short, don't expect to pay a lot, but if CA jurisdictions handle them like TN does, don't expect the lawyer to get it done overnight either...

[Guest Mglass1045]

Not sure where my post went, but made some calls. Apparently there is a packet I need to fill out. Makes it crappy that everything needs to be mailed, oh well. Looks like I'm on the right track.

Thanks again for the help and ideas. Looks like another one of those sayings, something from your past biting you in the arse.

Guess if we never made mistakes, we would have nothing to learn from.

[vontar]

mglass1045, keep us informed and keep that glass half full to near full