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Old 06-20-2012, 11:29 AM
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Default Where to check if you can buy a gun?



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Okay in short, I have reason to believe that I cannot purchase a firearm legally.
So, I am trying to find out how to find out if I am prohibited or not. I heard I can write a letter to the ATF but might not get an answer for like 120 days so my current plan is to just go to a gun shop and have a dummy check done to see if I can legally buy a gun. Now I ask you, is that a good idea or bad idea to go to a gun shop and have a dummy check done?
If you have a better idea, please share it. I heard I can ask the cops too but I'm a little worried to go down that path to find out.
Old 06-20-2012, 11:34 AM
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Interesting first post to say the least. If you want to know if something is legal for you, check with your local PD and ask to have something in writing. They will likely be the ones arresting you if you are caught illegally possessing a firearm.
Old 06-20-2012, 11:36 AM
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Quote:
Originally Posted by Ohionative View Post
Interesting first post to say the least. If you want to know if something is legal for you, check with your local PD and ask to have something in writing. They will likely be the ones arresting you if you are caught illegally possessing a firearm.
I heard this is a good website for info like this so just seeing for myself.
Old 06-20-2012, 11:40 AM
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Truthfully answer the questions on the 4473, then the FFL will make the NCIC call and you'll have your answer.

Good Luck
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Old 06-20-2012, 11:40 AM
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as long as your not a felon. just do a back ground check. dependng on what state your in. in my state as long as your a legal resident [ not even us citizen]you can buy a gun. ive been told bg checks are not done by fbi, but sub contractors with fbi data base. there only three and 1 of those is in ky.also i heard a felon here can have a black powder gun but it must be looked at by local sheriff
Old 06-20-2012, 10:40 PM
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Originally Posted by stant View Post
as long as your not a felon...
There are other reasons. Mental deficiency, psychiatric commitment etc.
Old 06-20-2012, 10:42 PM
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Originally Posted by Dragonid View Post
There are other reasons. Mental deficiency, psychiatric commitment etc.
druggies, alcoholic, teabaggers, etc...
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Old 06-20-2012, 10:48 PM
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cops appreciate honesty. i'd rather go in to the local department and explain my situation then have it flagged at the gun shop.
Old 06-20-2012, 10:58 PM
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Quote:
Originally Posted by corybdesign View Post
cops appreciate honesty. i'd rather go in to the local department and explain my situation then have it flagged at the gun shop.
Or even a phone call.

BTW, even if the OP can't currently own a firearm, there are ways to go about regaining rights, especially if it has been more than 7 years since a felony conviction. In the case of mental disorders, a person would have to be evaluated and given a clean bill of mental health to start the proccess.

Good luck!
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Old 06-20-2012, 11:00 PM
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even a misdemeanor domestic violence conviction is an automatic ban.

I have a neighbor whos ex wife beat on him, he held his arms up, and when she hit him, she got bruises on her arms.

he can't own a gun. I know the story to be true, another neighbor witnessed it, but the court went on her story rather than the witness. and he's screwed.
Old 06-20-2012, 11:02 PM
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Sorry, there just isn't enough information on the OP to really give an answer. OP could you please be a little more specific about why you think you may not be able to purchase a firearm?
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Old 06-20-2012, 11:03 PM
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I worked in gun shops for 7 years. People who can't buy guns:
Felons (convicted of a felony, plea bargains down to misdemeanors dont count unless it's domestic battery)
People convicted of misdemeanor domestic battery (beating up a gf/bf, kids)
people adjudicated mentally defective (a judge says your insane and commits you).

Now, medical records aren't open to search in a FBI NCICs background check. So that tosses that out.

I've had a few people tell me they couldn't buy guns due to a lawyer or cop telling them they couldn't. Turned out the lawyer/cop was lying/wrong. The FBI and state (at that time Indiana had state background checks for handguns too) came back good.

Go to a gunshop, pick out what you want. Fill out the 4473, if you pass the background check, you're good to go.
Old 06-20-2012, 11:10 PM
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To be honest all the advice we give to you on here we be just guessing considering we do not know why you think you may not be able to legally own a firearm.(Not asking you to tell you business) But I hope what I have to say and what others have already have said will help you out. First and foremost answer all the question on the 4473 honestly, also if you have any kind of domestic violence on your record it my be hard for you to get one, if you have any behavior health issues you may not be able to get one especially if its documented, and of course if you are a felon then no. Now you can alway call the FBI yourself to find out if you can purchase firearms, I would probably call the FBI before going to the police station and asking them to run a background check on you. Plus with the FBI they can tell you the reason why you cannot if that is the case and also if you are able to there is a id # the feds can give you to give your local gun shop and or FFL dealer so that you are able to pass the background. I know my brother had an issue with purchasing firearms because of a situation he had years ago and all the gun shops would give him an appeal form to send in well he decided to call he got he situation straight and has been buying gun every since. He still give that ID # to his FFL dealer just so that there is no more problems. Hope this helps you
Old 06-21-2012, 01:18 AM
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Quote:
Originally Posted by controlledpress View Post
even a misdemeanor domestic violence conviction is an automatic ban.

I have a neighbor whos ex wife beat on him, he held his arms up, and when she hit him, she got bruises on her arms.

he can't own a gun. I know the story to be true, another neighbor witnessed it, but the court went on her story rather than the witness. and he's screwed.
He can probably have that overturned, he should get some legal counsel on that. If I remember correctly from getting my CWP, the question reads "Have you been convicted of domestic violence in the last 5 years?"
I could be wrong on that, I have a habit of scanning the questions since all but a couple are "No" answers. But it stands to reason if the conviction is older than 5 years or the injunction has ended he should be in the clear at least enough to have his rights restored.

As for the OP, without getting too deep into personal info, what gives you reason to believe you cant legally own a firearm? Convictions of felony charges/ Dishonorable Discharge from the military, domestic violence, denouncing citizenship, under an active restraining order and documented psychiatric issues are the only things that prevent you from buying and owning a firearm. I might have missed something, but those are the big ones.

Go to the Sheriffs Department and have them run the check, contrary to popular belief around here, not all cops are waiting to haul you into a cell. Unless of course you have an outstanding warrant, which I wouldnt be trying to buy a gun in that situation in the first place. It just looks bad when your trying to buy guns with active warrants.
Old 06-21-2012, 01:23 AM
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Quote:
Originally Posted by skpotamus View Post
I worked in gun shops for 7 years. People who can't buy guns:
Felons (convicted of a felony, plea bargains down to misdemeanors dont count unless it's domestic battery)
People convicted of misdemeanor domestic battery (beating up a gf/bf, kids)
people adjudicated mentally defective (a judge says your insane and commits you).

Now, medical records aren't open to search in a FBI NCICs background check. So that tosses that out.

I've had a few people tell me they couldn't buy guns due to a lawyer or cop telling them they couldn't. Turned out the lawyer/cop was lying/wrong. The FBI and state (at that time Indiana had state background checks for handguns too) came back good.

Go to a gunshop, pick out what you want. Fill out the 4473, if you pass the background check, you're good to go.
+1 Best advice is to try it out!
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Old 06-21-2012, 02:36 AM
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Sometimes LEO will tell you you can't possess a firearm even if you can, happened to me, and took a legal battle to get my concealed permit.

If it was for an offense as a minor, many states have laws that allow you to completely seal those, and contrary to myth, they dont go away on their own, and sealed cases are not considered for firearm ownership. I speak from personal experience.
Old 06-21-2012, 02:48 AM
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only reason you couldn't get a gun felony domestic violence drugs psychiatric issues act
Old 06-21-2012, 05:23 AM
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The form you fill out that gets sent to the ATF will have all the disqualification criteria for buying a gun. I recommend you go and just read over one of these ATF forms.
Old 06-21-2012, 06:44 AM
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Quote:
Originally Posted by paramilusmc View Post
The form you fill out that gets sent to the ATF will have all the disqualification criteria for buying a gun. I recommend you go and just read over one of these ATF forms.
The form is kept by the Licensed dealer not the BATFE. You are correct th questions are on the form and I might add that you can print the form from the BATFE website.
Old 06-21-2012, 02:26 PM
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Quote:
Originally Posted by jimbohollar View Post
Now you can alway call the FBI yourself to find out if you can purchase firearms, I would probably call the FBI before going to the police station and asking them to run a background check on you. Plus with the FBI they can tell you the reason why you cannot if that is the case and also if you are able to there is a id # the feds can give you to give your local gun shop and or FFL dealer so that you are able to pass the background. I know my brother had an issue with purchasing firearms because of a situation he had years ago and all the gun shops would give him an appeal form to send in well he decided to call he got he situation straight and has been buying gun every since. He still give that ID # to his FFL dealer just so that there is no more problems. Hope this helps you
You can't call the FBI yourself. You have to be a licensed FFL dealer setup with the NCIC to have the checks run. OR, you can have a form filled out for business background checks and mail it in, which costs money and takes time. I believe you have to be a licensed business to do that though.

If you do get a denied response from the NCIC, they have a denial form you can send in for information as to why you were denied, and steps (if any) to get your record expunged.

Best bet is to read the form and fill it out (a yes to any question other than are you the actual buyer or the non resident alien question is an automatic denial), have the gun shop call it in and see what happens. BTW, nothing bad happens if you get denied, so don't worry about the FBI coming to knock down your door if you try to buy a gun and get denied.

If you're not sure about one of the questions, ask the dealer at the shop for clarification.
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