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Where to check if you can buy a gun?

246K views 112 replies 67 participants last post by  jfountain2  
#1 ·
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.
 
#2 ·
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.
 
#5 ·
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
 
#14 ·
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.
 
#12 ·
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.
 
#13 ·
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
 
#20 ·
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.
 
#16 ·
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.
 
#17 ·
only reason you couldn't get a gun felony domestic violence drugs psychiatric issues act
 
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#18 ·
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.
 
#19 ·
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.
 
#23 ·
I am in the same boat as Marsha

My husband got involved with a woman 18 yrs younger than him while I was busy working 12 hrs a day, buying groceries, mowing the grass, paying bills, and anything that goes along with keeping up the house. He was out cozying up to this poor little distressed chick. Unknown to me he had a picture of her car on his laptop as his screensaver page. He also did an article about her car on his website and had t-shirts printed with her car on them. He then claimed he did not know whose vehicle it was. I did a little investigating on my own and found out it was hers. When I told him to take her car off his laptop he told me he didn't have to do anything I wanted. He left the house when I gathered his t shirts and laptop and burned them. He had me involuntarily committed as I was going to end my life with my service firearm. I have heard different things as to if I can ever legally have a firearm in the state in which I live. I e-mailed the ATF and they sent a very lengthy return to my e mail which needed an attorney to decipher. Any Federal Attorneys out there know an answer to this?
 
#30 ·
My husband got involved with a woman 18 yrs younger than him while I was busy working 12 hrs a day, buying groceries, mowing the grass, paying bills, and anything that goes along with keeping up the house. He was out cozying up to this poor little distressed chick. Unknown to me he had a picture of her car on his laptop as his screensaver page. He also did an article about her car on his website and had t-shirts printed with her car on them. He then claimed he did not know whose vehicle it was. I did a little investigating on my own and found out it was hers. When I told him to take her car off his laptop he told me he didn't have to do anything I wanted. He left the house when I gathered his t shirts and laptop and burned them. He had me involuntarily committed as I was going to end my life with my service firearm. I have heard different things as to if I can ever legally have a firearm in the state in which I live. I e-mailed the ATF and they sent a very lengthy return to my e mail which needed an attorney to decipher. Any Federal Attorneys out there know an answer to this?
That is quite the interesting predicament! You might try and get a consult with a local lawyer to decipher it for you. I think you can usually get a free consult, then take it from there. Without knowing details of how your ex had you committed, it would be hard to answer whether you are prohibited or not. Good luck in your efforts to find the truth.
 
#25 ·
You should know the answer is most likely No, if there is a record of this. Were you wrongfully confined in a mental ward or mental hospital ? You just admitted you wanted to kill yourself. Ask to see your medical records, and the police report, and see what is stated in there.

If this happen over 20 years ago the records are most likely gone and not been reported to the state . If you admitted to wanting to kill yourself to the police, it is most likely in the police report. If this case was dropped in court, go get your gun.Your medical records are private.
 
#28 ·
You should know the answer which is No. You were legally confined in a mental home or mental ward after admitting you wanted to kill yourself.
Not completely true. I had a buddy that tried to kill himself with prescription pills. Because he went to the hospital voluntarily he was still able to buy, and own firearms. His life got better, and still with us. Married a rich chick.
 
#26 ·
I do not know how the rest of the country works, but here if you are charged with something whether you did it or not you have to show paperwork that it was cleared up. My identity was stolen(brother) out of Florida (never been their) it took me over 4 years before I got my gun rights back even after I cleared my name. I could own a gun, I could by a gun, just not from a store. Now I have to carry a piece of paper around every time I buy a gun.
 
#27 ·
Ok well, If I were you my first question would be "Are there any warrants out for my arrest ?" If so then go directly to a lawyer and have them cleared. You might want to write down some bondsmen's names before you go out the door.

If there are no warrants out for your arrest then you should have no fear of contacting your sheriff and finding any information.

In any case do not try to 'dummy' an ffl check. first, you may be denied for no reason you can think of (your soc security # is close to some other, your name matches some other, etc). Second, you might just be poisoning the very well you're trying to drink from.
 
#29 ·
Different situation. She was taken to a mental facility by the police, because she was a endanger to herself or others.Your friend has no court record of this incident. His medical records are private. His doctor would of needed to report this to the state.Apparently he didn't.Your buddy lied on the form.
 
#33 ·
Anyone who says they never thought of it is either Jesus or a lier, take your pick folks its called being human. This whole mental hospital thing is BS you cant compare people with schizophrenia to the person who is depressed or is having a rough go of things. But what do I know just a masters in counseling and in school now fr my PhD in Psychology. In all honesty that rule is so vague I don't even consider it unless your wearing tin on your head. Besides there are lots of people who cant buy who still hunt Etc so just find a way to own one.
 
#34 ·
That's right folks unless voices are telling you what to do your not mentally defective and I will be an expert witness for you. See not all of us mental health people are gun grabbing libs, most, but not all.
 
#36 ·
Just be honest. We gun owners are already having enough troubles at the moment. I am curious as to why you believe you cannot own a firearm legally.

Do not lie of BS to get a firearm. Not worth it.

I know of a guy who killed himself by running a hose from the exhaust of his car. He could have used a gun but chose the "cleaner" method instead. There are all kinds of ways to commit suicide.
 
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