nicsappeals

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nicsappeals

Postby matchbox » Fri Sep 17, 2010 11:50 am

I was told by nics the other day to wait to take my chl class and wait to apply for my chl during my current appeal process. I am wondering if anyone can help me regarding this matter on what to do.

I need to know if I should go ahead and take the class?

I also need to know why I had something on my record that I had paid for to be expunged and should be allowed to purchased a firearm. At first my check with nics came back delayed, then it came back denied. I immediately emailed to find out the reason. When the reason came back it was an issue that had already been expunged in California. This was not a matter where I completed probation so I just assumed it would come off of my record. I paid and filed paperwork to have the judge look at my case and I submitted the minute order I received from the Judge stating the he entered a not-guilty plea for me and that the case was dismissed. Why is nics making me have to appeal this. I recently sent the information in the postage paid envelope back to nics that shows three pages of sufficient proof that I should not have been declined the purchase of a firearm.

Is there any motivating information someone can provide me to help keep my spirits up during this 112 + or - day appeal process?

Has this ever happened to you?

Additionally by law if I would have been convicted of this matter, the law in California was that I could not own a firearm for 7 years, it has been over 10 years since this matter happened. However like I stated above I provided proof that the case was expunged and the case was dismissed.

Thank you for your time in helping to answer these questions for me. I sincerely appreciate your feedback.
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Re: nicsappeals

Postby Cobra Medic » Fri Sep 17, 2010 12:24 pm

matchbox wrote:I was told by nics the other day to wait to take my chl class and wait to apply for my chl during my current appeal process. I am wondering if anyone can help me regarding this matter on what to do.

If the offense was shoplifting, you may be OK. If it was murder, you may be out of luck.

matchbox wrote:Additionally by law if I would have been convicted of this matter, the law in California was that I could not own a firearm for 7 years, it has been over 10 years since this matter happened.

California law doesn't override the Federal lifetime ban for felons (with rare exceptions.)
This will only hurt a little. What comes next, more so.
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Re: nicsappeals

Postby matchbox » Fri Sep 17, 2010 12:49 pm

no it was not murder or anything serious like that
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Re: nicsappeals

Postby Hoi Polloi » Fri Sep 17, 2010 1:00 pm

To clarify: when it asked you up front to list all convictions, etc, did you list it and provide the documentation then? Or did you only discuss it once they found an anomaly?
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Re: nicsappeals

Postby Cobra Medic » Fri Sep 17, 2010 1:13 pm

Hoi Polloi wrote:To clarify: when it asked you up front to list all convictions, etc, did you list it and provide the documentation then? Or did you only discuss it once they found an anomaly?

If I understand correctly, he hasn't taken the class or applied for a CHL yet. It sounds like the check was a "Brady" check to purchase a firearm.

The eligibilty qualifications for a Texas CHL are in subsection 411.172 of the Government Code. The details on what counts as a conviction are in the 411.171 and 411.1711 subsections. Without details on the exact offense and the disposition, I think that's about the best answer I can give.
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