NICS Denial Question

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  • SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,385
    Timonium-Lutherville
    First post so I apologize if this has been discussed.

    I'll try not to get too complicated. In college I was convicted of a misdemeanor drug offense that carried a possible sentence that exceeded 1 year, and therefore was a disqualifying crime. It was a full conviction (probation, no jail time), but after completing two years probation, I was able to successfully petition to have my sentence retroactively converted to PBJ, and therefore removing any conviction I once had.

    Thinking I was good to go, i went to purchase a long-gun and was delayed and then denied.

    I received a call from a MD state trooper a few weeks later who I presume is tasked with charging individuals who attempt to unlawfully purchase a firearm, and told me that after looking at my file, the denial was likely due because when they converted my judgement to PBJ, it looked as though my term of probation had been started over again, therefore seeming like I attempted to purchase a firearm while on probation (which i was not). I decided not to appeal at that time (probably a mistake).

    Fast forward a year and a half, I was able to successfully petition to have my record expunged, PBJ and all. At this point I thought I would be good to go. I waited about 6 months just to make sure NICS had time to process or receive my records of expungement.

    So i attempt to purchase again and am denied on the spot. I submit an appeal at this point but it's been over a year and when I contact NICS it says they are processing from November of 2015 (my appeal submitted in September of 2016).

    At this point i'm sort of at a loss of what to do. Seem's i'll have to wait for my appeal to slowly process, but i'm worried i'll just be back at square one.

    Maybe time to get a lawyer involved. Anyone else had an appeal take over a year to process? At this rate it seems i'll be waiting another year at least.

    I'm thinking a possibility is that my second denial is a result of them having the first denial on file.

    Thank you for your input
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,260
    Davidsonville
    yeah Dude, great place here and probably the right place to ask your question but you need some street cred. Someone may chime in though. good luck.
     

    SkiPatrolDude

    Ultimate Member
    MDS Supporter
    Oct 24, 2017
    3,385
    Timonium-Lutherville
    yeah Dude, great place here and probably the right place to ask your question but you need some street cred. Someone may chime in though. good luck.

    Thanks, Ironpony. Hopefully I can glean some advice and contribute as well.

    For some background - I grew up shooting and so I know a thing or two. I got screwed up in the wrong house in college and had to deal with some BS, resulting in a many year long saga to restore my gun rights.

    Dealing with NICS has been extremely frustrating.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,209
    Look in the industry partner subsection for an attorney versed in Maryland gun laws.
     

    Ranchero50

    Ultimate Member
    Dec 15, 2012
    5,411
    Hagerstown MD
    I submit an appeal at this point but it's been over a year and when I contact NICS it says they are processing from November of 2015 (my appeal submitted in September of 2016).

    At this point i'm sort of at a loss of what to do. Seem's i'll have to wait for my appeal to slowly process, but i'm worried i'll just be back at square one.

    To me if your appeal is in order then it's just a waiting game. Hopefully you kept a copy of your complete appeal packet and a legal adviser can look at it. If not you're kind of pissing in the wind. Your appeal should have copies of any official correspondence. Good luck with it. I don't remember reading about any others who were in appeal limbo but I bet there's a ton of folks who are.
     

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