Pardons and NICS

Sort of a long story here.

When I was a teenager, I got arrested in Pennsylvania for drugs. I pled guilty to a felony and served about 18 months of probation. The whole thing seemed pretty innocuous at the time. I was 19 years old and didn't realize how having this on my record would haunt me forever. Anyhow, it was probably the best thing that ever happened to me. I started taking school seriously, quit smoking pot and just really became a better person because of it. I graduated college, went to grad school, served in Americorp and became a productive member of society. I gave all of my hunting rifles to my best friend for safe keeping hoping that one day I would be able to get them back.

Fast forward 14 years. I now live in Maryland, married, 2 kids, house, mortgage, dog, the whole nine. I was fortunate to be able to find a good job, despite my criminal record. In 2012 I submitted my application for a Pennsylvania Pardon. It was a long shot, but it was worth a try. Long story short, in November 2016, 4.5 years after my application was submitted, I received a full pardon from the Governor of Pennsylvania.

A Pardon makes it possible to have your record expunged, and I have submitted the paperwork, but its going to take another 4ish months before all of that gets processed.

So this brings me to my question. Does NICS automatically get updated when Pardons are granted? If I were to go into a Big Box store and try to buy a shotgun, would I be denied and have to file an appeal?

I have also applied for my Maryland HQL (I attached a copy of the Pardon as an attachment). That will likely tell me if the NICS check is approved, but since I attached the pardon, and if it gets approved, I wont know the attached pardon played a role in the decision.

Basically, I am trying to avoid going into a shop and being denied. That would be a hassle and be embarrassing. Any advice you all could provide would be greatly appreciated.

Thanks!

Howdy and welcome to MDS.

Somewhere in this forum IP Section there is a list of good lawyers.

Maybe one of them can help you if you PM them.

Good luck.

I'm not sure the average member here is going to be able to help you. Did you have a lawyer handle your pardon? If so, give them a few hundred dollars and let them find out for you. They could probably get everything in writing and make it official.

Good luck!

j_h_smith said:

I'm not sure the average member here is going to be able to help you. Did you have a lawyer handle your pardon? If so, give them a few hundred dollars and let them find out for you. They could probably get everything in writing and make it official.

Good luck!

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No Lawyer, I did it myself.

My question is not necessarily a legal one, its more a question about how NICS works.

I know that I am now legally able to purchase a firearm. I just don't know if the NICS database gets automatically updated from pardons which occur in a state. I am confident that If I am denied, I can appeal and get it approved (although I am sure it would take a while). I am simply inquiring if anyone had any insight on if/how often NICS gets updated.

From my research, it appears that the only real way to check is to either go and attempt to purchase a firearm, or try to get a UPIN.

You will most likely have to send a copy of your pardon to MSP and the FBI. Best bet is to talk to an attorney and follow his advice.

You also may want to run this buy one of the IP's. They may or may not be able to give you guidance. They deal with NICS daily and have seen it all. Cant hurt to pose the question. Go in person to DUffy's, 2a. Engage, A1 Tylers, etc.
Also, call a lawyer. This is MD.

Seriously, you need to talk to one of the forum's lawyers.

Good luck.

sundazes said:

You also may want to run this buy one of the IP's. They may or may not be able to give you guidance. They deal with NICS daily and have seen it all. Cant hurt to pose the question. Go in person to DUffy's, 2a. Engage, A1 Tylers, etc.
Also, call a lawyer. This is MD.

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Thanks. Stupid question, why is an IP?

MD_PA_Hunter said:

Thanks. Stupid question, why is an IP?

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Industry Partner.

Obviously a lawyer is the best bet, only way to know 100% what you need to know. I know of a person that went through a similar circumstance, had to get a UPIN, was told unless the NICS reccord was never update in the first place(which is a possibility), that he would be denied, the reccords don't clear without an investigation on appeal, not sure if or how you can get a Upin without a NICS denial.

I can't answer your question but I can congratulate you on all you hard work in life and I hope the gun thing works out and your rights get restored

NICS should be updated with the pardon. Same way a habitual drunkard can become non prohibited after time elapses. You need to find out if they will be able to update PlCS with the relevant information or if the court records are lost.
Also I would jump on PAFOA and ask around to see if PA is fully NICS compliant. Until 2013-2014ish MD was not NICS compliant and did not share many aspects of criminal records.

My honest advice is to have a lawyer handle this. I've seen people get blown off by asking for court records from lazy ass employees but when it's a lawyer they tend to get off their asses faster.

Sent you a PM. Good Luck!!

Can you apply for a UPIN without an initial denial? That would get your foot in the door talking to NICS.

Update:

As of today 1/10/2017, my Maryland HQL is Active. Because I believe that a component of the HQL is a NICS check, It appears that the records have been updated in NICS. Does that logic seem sound?

It's Marylandistan. Don't expect an abundance of logic from the state, MSP, or most residents. There are some good people here and there but...

I don't have the HQL, and don't know if Maryland checks more databases when one buys a gun than when one applies for the HQL.

The lawyer advice is always good advice.

Please let us know what happens, and good luck!!

To MD_PA_Hunter. While I don't have an answer to your question, I applaud you for turning things around. You have a healthy attitude towards your experience and it sounds like it has served you well. Just wanted to give you an electronic pat on the back, for what it's worth. Congrats on the pardon.

I would ascertain that from my experience that MSP does an exhaustive search in hopes of denying your rights if at all possible, I know people that are/were in similar situations; however, they were not approved because they were not over 30. So if you pass this muster on gaining your HQL I would believe that legally your GTG.