Issues accquiring a firearm

20ravens52 · Aug 23, 2016

Over the past year, my Dad has tried acquiring a handgun and a shotgun and has been denied both times by the MSP. It is being rejected due to an physical altercation he had in the late 1960's where charges were pressed from the private counterparty, but the charges were later expunged from his record in the early 70's. I'm trying to figure out what his options are (if any) to be able to acquire a home defense firearm.

I just find the whole situation to be maddening and unconstitutional, since my Dad is nearing 70 years old and has never had any other type of legal issue other than this. :mad54:

Armadillofz1 · Aug 23, 2016

I'd retain some proper legal council.

bg71361 · Aug 23, 2016

Go this route before spending money on a lawyer ->

https://forms.fbi.gov/nics-appeal-request-form

Probably an issue with finding disposition documents.
Good luck!

20ravens52 · Aug 23, 2016

bg71361 said:
Go this route before spending money on a lawyer ->

https://forms.fbi.gov/nics-appeal-request-form

Probably an issue with finding disposition documents.
Good luck!

Appreciate the assistance!

DutchV · Aug 23, 2016

Or buy him a shotgun for his birthday.

Alphabrew · Aug 23, 2016

DutchV said:
Or buy him a shotgun for his birthday.

travistheone · Aug 23, 2016

I would recommend making sure he doesn't have a criminal conviction. Ol' Dad may be mis-remembering some things.

rseymorejr · Aug 23, 2016

DutchV said:
Or buy him a shotgun for his birthday.

If he knows that his Father is prohibited (rightly or wrongly) and he does this he could find himself in deep s***. Probably not a good idea.

StickShaker · Aug 23, 2016

Did he get the HQL without any issues?

POP57 · Aug 23, 2016

Confused here. If it was properly expunged, it shouldn't have shown up in a search.

danb · Aug 23, 2016

DutchV said:
Or buy him a shotgun for his birthday.

Heck no.

Get the documents that show the disposition, first. Make sure this is the only prohibiting issue. Sounds like the records were not properly expunged, or worse. Maybe there were multiple charges, only one was eligible for expungement.

DutchV · Aug 23, 2016

rseymorejr said:
If he knows that his Father is prohibited (rightly or wrongly) and he does this he could find himself in deep s***. Probably not a good idea.

If the story is true - if it's just a paperwork screwup - then there's nothing wrong with the OP gifting his father a shotgun. He isn't really prohibited.

I'm not doing it for him; I'm offering a valid suggestion that doesn't involve a lot of waiting or paperwork. Of course, if dear old Dad isn't being completely open about his earlier issues, well, that's different, and I'm not a lawyer.

BeoBill · Aug 23, 2016

POP57 said:
Confused here. If it was properly expunged, it shouldn't have shown up in a search.

Unless the local authorities just forgot to pass the adjudication/expungement along to the Feds. Like because it was 5 p.m. on a Friday before vacay. Or because coffee was more important. Or just because...

Name Taken · Aug 23, 2016

POP57 said:
Confused here. If it was properly expunged, it shouldn't have shown up in a search.

You are dealing with an issue from 1960. It could be anything from a computer issue, a computer not getting upgraded, a lazy employee, or a simple mistake. Computers weren't even used when the case was handled. It's all be converted and added.

adit · Aug 23, 2016

20ravens52 said:
Over the past year, my Dad has tried acquiring a handgun and a shotgun and has been denied both times by the MSP. It is being rejected due to an physical altercation he had in the late 1960's where charges were pressed from the private counterparty, but the charges were later expunged from his record in the early 70's. I'm trying to figure out what his options are (if any) to be able to acquire a home defense firearm.

I just find the whole situation to be maddening and unconstitutional, since my Dad is nearing 70 years old and has never had any other type of legal issue other than this.

Was the altercation in MD?

mopar92 · Aug 23, 2016

DutchV said:
Or buy him a shotgun for his birthday.

NO
In order to legally give a gift or sell a gun you must believe the person is not prohibited or have no reason to believe the person is prohibited. He KNOWS his father is prohibited, two attempts to purchase where DENIED and he has posted on the internet that he is denied. This screams straw purchase and the MSP officer who monitors this website undoubtedly just creamed his shorts reading this thread and being able to finally justify his job.

OP Get a lawyer or attempt to sort this out on behalf of your father.

swimtb · Aug 23, 2016

Can he legally borrow a shotgun? If so, why not just lend one to him....that he likes and would have picked out if he could legally own it.

mxrider · Aug 23, 2016

swimtb said:
Can he legally borrow a shotgun? If so, why not just lend one to him....that he likes and would have picked out if he could legally own it.

No go until this is straightened out

Sent from my SM-G920V using Tapatalk

SRD · Aug 23, 2016

StickShaker said:
Did he get the HQL without any issues?

DaemonAssassin · Aug 23, 2016

StickShaker said:
Did he get the HQL without any issues?

This is the million dollar question....

Issues accquiring a firearm

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