Need legal help

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gt3400ph
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Need legal help

Post by gt3400ph »

New member here.

Yesterday I tried to purchase my first firearm. After completing the background paperwork, it came back as delayed. Today the dealer called me and said that they returned it as denied. Now a little background on me...

3 years ago I came home to a man in my apartment with my girlfriend. She invited him over without my knowing. When I came home he met me at the door and we had some words. He then proceeded to hit me in the face and I acted in self defense and I cut him in the stomach area with a small knife I always carry with me. I then proceeded to run away from him as he ran into my kitchen and grabbed a large kitchen knife. He called the cops on me and I got hauled off to jail and charged with an F2 Felonious Assault. However after further investigation the court realized that I was not in the wrong but still decided to charge me. They gave me a lesser sentence and I plead no contest to a charge of a simple assault which was a misdemeanor. It carried a 60 day jail sentence but the judge dropped that also as long as I didn't get into any trouble in the next year.

After reading into reasons why I could be denied, I am not seeing why I would be denied. I was not convicted of a felony, or domestic violence. Nor did the misdemeanor that I was ultimately charged with carry a jail sentence of more than a year. The dealer said I could repeal it, which I intend on doing but am I missing something here? Will I have to deal with this every time I purchase a gun?

Thanks in advance.
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JediSkipdogg
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Re: Need legal help

Post by JediSkipdogg »

Have you had your criminal history run recently to see what is on it yourself? I'm wondering if you have a hanging record out there with no disposition. Essentially, they arrested you for a felony and placed that on your record but never updated that you were convicted of a lesser crime. I see it happen all the time and if it was in Ohio, there's a good story about how bad Ohio BCI and FBI records are (courts fail to update them all the time.)
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gt3400ph
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Re: Need legal help

Post by gt3400ph »

Jedi, thanks for the response. I have not had my history ran recently besides for employment. I plan on contacting my lawyer this afternoon to see what it shows up as. I am not sure how familiar he is with Ohio gun laws though.
gt3400ph
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Re: Need legal help

Post by gt3400ph »

Today I went to the courthouse to retrieve a certified copy of my formal conviction which states it as an M1 Misdemeanor Assault. The lady at the courthouse said its possible the person who ran my background saw my Felony indictment and not the actual Misdemeanor conviction. I then proceeded to go the FFL and retrieve an Voluntary Appeal File (VAF) Application. I was told to fill it out and send it in with and supporting documentation and fingerprint card. I plan on sending the application with my certified copy of my conviction with a brief explanation as to why I think they messed it up. Hopefully I hear something back quickly.
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JustJack
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Re: Need legal help

Post by JustJack »

gt3400ph wrote:Hopefully I hear something back quickly.
Gov't...quickly...lol
IANAL, YMMV, other standard disclaimers, yada, yada, yada, etc, ad nauseum, in infinitum.
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gt3400ph
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Re: Need legal help

Post by gt3400ph »

@carmen fovozzo

I can't send PM's yet. But to answer your question...no I have not applied for a CCW yet. That was my next step after purchasing a firearm.
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JediSkipdogg
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Re: Need legal help

Post by JediSkipdogg »

gt3400ph wrote:Jedi, thanks for the response. I have not had my history ran recently besides for employment. I plan on contacting my lawyer this afternoon to see what it shows up as. I am not sure how familiar he is with Ohio gun laws though.
gt3400ph wrote:Today I went to the courthouse to retrieve a certified copy of my formal conviction which states it as an M1 Misdemeanor Assault. The lady at the courthouse said its possible the person who ran my background saw my Felony indictment and not the actual Misdemeanor conviction. I then proceeded to go the FFL and retrieve an Voluntary Appeal File (VAF) Application. I was told to fill it out and send it in with and supporting documentation and fingerprint card. I plan on sending the application with my certified copy of my conviction with a brief explanation as to why I think they messed it up. Hopefully I hear something back quickly.
Keep in mind a court record is not what NICS (which is who the FFL is calling to run your history) sees. I'm assuming this conviction was in Ohio, if not, replace Ohio with whatever state it was in. When arrested you were fingerprinted and your arrest was sent to Ohio BCI and the FBI fingerprinting database. A criminal history record was created with both of them as well. Then after your conviction in court the court is suppose to update both records. Unfortunately, this does not always happen. Sometimes one is updated and not the other, sometimes none. We call those hanging records where they are final but never updated. They cause nothing but issues. What I would recommend you do sometime is go to your local jail and tell them you want a complete criminal history record check on yourself. That should help you know what you actually have on your record.

Second, I'd work on sealing it as well. It will simply help you out in the long run.
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MyWifeSaidYes
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Re: Need legal help

Post by MyWifeSaidYes »

Also, "quickly" plus "VAF" equals about 4 months.
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gt3400ph
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Re: Need legal help

Post by gt3400ph »

I received a response from the FBI few weeks ago, they stated...

"Your transaction's federal prohibition is under Title 18, United States Code, Sections 921 (a) (20) and 922 (g) (1): A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years."

In the documentation that I provided them with from the courthouse, my M1 misdemeanor stated that it carried a 90 day jail term, that WAS waived. Also my misdemeanor DUI from a few years ago carried a 60 day jail term (I think) which was also waived. Neither of these meet that criteria. So is it likely that my appeal will go through and allow me to purchase a firearm?

Also if for some reason I still receive a denial...is my wife able to purchase a firearm? With everything going on, we want to feel safer at night when we go to sleep.


Thanks!
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Curzyk
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Re: Need legal help

Post by Curzyk »

gt3400ph wrote:Also if for some reason I still receive a denial...is my wife able to purchase a firearm?
This sounds an awful lot like a straw purchase..
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Re: Need legal help

Post by WY_Not »

IANAL but... Shouldn't be. Have been told a couple of times by FFL that husband buying for wife isn't a straw sale. I've purchased a few firearms in pairs, one for me and one for wife. Especially since Ohio is community property state as are most marriages. :mrgreen: What's mine is hers and what's hers is hers.
Curzyk wrote:
gt3400ph wrote:Also if for some reason I still receive a denial...is my wife able to purchase a firearm?
This sounds an awful lot like a straw purchase..
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Re: Need legal help

Post by Brian D. »

WY_Not wrote:IANAL but... Shouldn't be. Have been told a couple of times by FFL that husband buying for wife isn't a straw sale.
But if you knew (and it could be established that you knew) that your wife was prohibited from owning guns, it would still be illegal for you to purchase one for her.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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WY_Not
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Re: Need legal help

Post by WY_Not »

Right. But I thought technically a straw sale didn't care if the person was prohibited or not?
Brian D. wrote:
WY_Not wrote:IANAL but... Shouldn't be. Have been told a couple of times by FFL that husband buying for wife isn't a straw sale.
But if you knew (and it could be established that you knew) that your wife was prohibited from owning guns, it would still be illegal for you to purchase one for her.
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
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JediSkipdogg
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Re: Need legal help

Post by JediSkipdogg »

WY_Not wrote:IANAL but... Shouldn't be. Have been told a couple of times by FFL that husband buying for wife isn't a straw sale. I've purchased a few firearms in pairs, one for me and one for wife. Especially since Ohio is community property state as are most marriages. :mrgreen: What's mine is hers and what's hers is hers.
Curzyk wrote:
gt3400ph wrote:Also if for some reason I still receive a denial...is my wife able to purchase a firearm?
This sounds an awful lot like a straw purchase..
Sort of is. Me buying for my friend/girlfriend is not a straw purchase. Me knowing they are prohibited because they didn't pass NICS, that's a straw purchase.
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Ohio Concealed Carry Classes in S/W Ohio
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I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
Brian D.
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Re: Need legal help

Post by Brian D. »

Jedi phrased it quite well.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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1911 and Browning Hi Power Enthusianado.
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