# odds of getting a gun after being denied?



## ckybam69 (Jan 15, 2010)

So I went to buy a glock 19 today and got denied because of the nics background check. I have emailed them to find out why I was denied but havent heard back yet.

My question is what are the odds that I can successfully appeal this? Will I have to get a lawyer to appeal?

Also can I legally rent a gun at a range now?


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## GarAngler71 (Jan 15, 2010)

I think any kind of drug charge will raise flags even if its not a felony.Good luck is all I can say.I had problems with my GFL and had to do some leg work to get it.


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## jonkayak (Jan 15, 2010)

scubazach said:


> as for your odds if you haven’t been a felon, found mentally unfit, or domestic violence your fine.



If this is the case go get your concealed weapons permit and be done with all that nonsense.


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## Doyle (Jan 15, 2010)

If you have truely done nothing wrong you may be one of those unfortunate few who have a records problem that just doesn't go away and you'll have to fight the system every time you buy a gun.  If that turns out to be the case, apply for a UPIN (Unique Personal Identification Number).


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## swamp hunter (Jan 15, 2010)

Got my CCF two years ago. Went to the same place I got it. Ordered a Ruger 10/22. Two weeks later it,s in, And they woun,t give it to me. An Appeal and a re-check , and it,s mine. Never did get an answer why. Gonna get a KelTec here in a couple weeks, We,ll see how it works out.


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## david w. (Jan 15, 2010)

because obama is making it hard for you to get a gun.The same thing happened to me and a few other people


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## ckybam69 (Jan 15, 2010)

The only thing on my background check that I have in my hand is an arrest for burglary (finished first offenders so the conviction is gone). Im assuming this is the problem. Can they really not let me get a gun from just an arrest? I thought it had to be a conviction....?

Will I need a lawyer for the appeal?


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## GarAngler71 (Jan 15, 2010)

I would do as someone above said and go get your GFL.If you get turned down for that most of the time they will tell you why but sometimes it takes a lot of phonecalls!


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## NGxplr22 (Jan 15, 2010)

It could be something as simple as some paperwork that didn't get filed correctly, which happens quite a bit, or they mixed you up with someone else.

Some people do end up having to get a lawyer to straighten it out, but that seems to be a rare case. 

I would go try again at a different shop AND go apply for your Georgia Firearms License. I had a friend turned down at a shop and we went across town to another shop where everything came back okay and he walked out with his XD. 
Sometimes it's just human error.


Good luck and keep us informed.


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## ckybam69 (Jan 16, 2010)

Well Isnt it bad to try and go buy a gun at another shop when I was denied at a different shop? Also knowing that I have an arrest on my record can that stop me from getting a gun?
Im a newb so excuse the newb question bust is a GFL same as a conceal license? If not where do I go for a GFL and how long does it take to get? Im dieing looking at pics of glocks and not having my new 19 in my hand


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## germag (Jan 16, 2010)

ckybam69 said:


> Well Isnt it bad to try and go buy a gun at another shop when I was denied at a different shop? Also knowing that I have an arrest on my record can that stop me from getting a gun?
> Im a newb so excuse the newb question bust is a GFL same as a conceal license? If not where do I go for a GFL and how long does it take to get? Im dieing looking at pics of glocks and not having my new 19 in my hand



An arrest CAN keep you from getting a GFL, if it is a Felony or a misdemeanor Domestic Violence charge and is still showing as pending. In fact, if you have a GFL and are arrested for a crime for which you could be disqualified from firearms ownership, you are supposed to surrender your GFL to the Probate Judge until the charges are resolved.

A GFL (Georgia Firearms License) serves essentially the same purpose as a Concealed Carry License or Concealed Carry Permit in other states, but it also exempts you from a background check when purchasing firearms. Normally a CCP only allows you to carry a weapon, but does not exempt you from the background check for purchases.

To get a GFL, go to your Probate Court in the county where you reside.


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## jimmellow (Jan 16, 2010)

Was you turned down or just delayed for further investigation and you will know in 3 business days, I was told I was delayed and would know in 3 days, I was given a number to call and I called that number and ask what the problem was that I had never had a problem before, The guy pulled up my information and said he sees the problem and to go back to the store the next day and get my gun that everything is OK now, he would not tell me what the problem was but the store called me first thing that morning and said they had called and I could come pick up my gun. was you denied or delayed?, did they give you a number you can call?


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## ckybam69 (Jan 16, 2010)

jimmellow said:


> Was you turned down or just delayed for further investigation and you will know in 3 business days, I was told I was delayed and would know in 3 days, I was given a number to call and I called that number and ask what the problem was that I had never had a problem before, The guy pulled up my information and said he sees the problem and to go back to the store the next day and get my gun that everything is OK now, he would not tell me what the problem was but the store called me first thing that morning and said they had called and I could come pick up my gun. was you denied or delayed?, did they give you a number you can call?


Straight denied. I have the number but when I called I got a fax machine so I emailed. They gave me a pamphlet that says I should email but the guy at the store said I could call.


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## ckybam69 (Jan 16, 2010)

germag said:


> An arrest CAN keep you from getting a GFL, if it is a Felony or a misdemeanor Domestic Violence charge and is still showing as pending. In fact, if you have a GFL and are arrested for a crime for which you could be disqualified from firearms ownership, you are supposed to surrender your GFL to the Probate Judge until the charges are resolved.
> 
> A GFL (Georgia Firearms License) serves essentially the same purpose as a Concealed Carry License or Concealed Carry Permit in other states, but it also exempts you from a background check when purchasing firearms. Normally a CCP only allows you to carry a weapon, but does not exempt you from the background check for purchases.
> 
> To get a GFL, go to your Probate Court in the county where you reside.



Sorry for the double post but Its like 2 conversations at once. The arrest on the record is for burglary but i Completed first offenders probation so the conviction is not on the record. Could they prevent me from getting a gun for that?


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## jimmellow (Jan 16, 2010)

*call*



ckybam69 said:


> Straight denied. I have the number but when I called I got a fax machine so I emailed. They gave me a pamphlet that says I should email but the guy at the store said I could call.



You should call them and if the fist person you talk to is no help, call again till you get help, would not hurt to go to sheriffs office and pay the 15.00 for a back ground check and see whats on your record, they could have not removed your conviction but that would be a start.


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## deersled (Jan 16, 2010)

burglary is a felony, I believe. I don't know if it matters if it gets expunged (as far as buying a gun goes).


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## ckybam69 (Jan 16, 2010)

jimmellow said:


> You should call them and if the fist person you talk to is no help, call again till you get help, would not hurt to go to sheriffs office and pay the 15.00 for a back ground check and see whats on your record, they could have not removed your conviction but that would be a start.



I have a copy of a background check in my hand now and there is no conviction on there just an arrest. Do the background checks from the nics show everything? maybe they see something I dont?



deersled said:


> burglary is a felony, I believe. I don't know if it matters if it gets expunged (as far as buying a gun goes).



Should I have said yes I have been convicted if I was even though it was taken off my record? Maybe thats the problem


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## jimmellow (Jan 16, 2010)

I think a felony is automatic disqualification, if your background check just says arrest that may be the problem, there has to be an outcome either charges dropped, if it says arrest that sounds like the case is still open.


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## ckybam69 (Jan 16, 2010)

jimmellow said:


> I think a felony is automatic disqualification, if your background check just says arrest that may be the problem, there has to be an outcome either charges dropped, if it says arrest that sounds like the case is still open.



Well I guess I will be appealing once I find out why I get denied. The number they gave me just gives me a fax machine sound tho so lets see how long it takes through email to find out what happened.

Also say I did have a conviction on my record and I couldnt get it off could I ever own a handgun? I really just want it for range shooting and home protection. Im so sad without my glock that I should have in my hand right now playing with the slide and practicing with.


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## jimmellow (Jan 16, 2010)

there should be a number on the paper they give you that explains your rights, there is a website you can go to that has forums with attorneys and other knowledgeable people that fight for peoples rights to own and carry guns, you can sign up for the forum for free or you can become a member for 25.-30 a year and they are a great organization, they can answer any question you have and tell you what you can do, try them this web site is a great place and if you become a member they will stand up for your rights. there address is georgiacarry.org


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## Doc_5729 (Jan 16, 2010)

deersled said:


> burglary is a felony, I believe. I don't know if it matters if it gets expunged (as far as buying a gun goes).



In Ga it can be prosecuted as a felony or misdemeanor. Depends on a lot of variables. 

IE: daytime or nighttime, value of items taken, damage done - was addition malicious vandalism done besides the break in, were any victims threatened, etc.

Usually on a "prank style" charge, where items taken were recoverable and/or restitution was made, the charge will be reduced and records purged upon completion of sentencing.

There's also time factors involved that could take several years for that to occur. Sounds like that's where the problem lies because the arrest is still showing on the CBC.

You'll need to either hire an Attorney or talk with the District Attorney in the county of the conviction.

Good Luck


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## Twenty five ought six (Jan 16, 2010)

If you received first offender treatment, and completed it, there is no conviction, and the arrest itself is not a disqualification.

However, it it very likely that completion of the first offender status was not reported , and the arrest is shown as "open."

If you have some other conviction for a felony, it is a lifetime disqualification, and the disqualification can only be removed by action of the Board of Pardons and Paroles.

On the other hand, it may be something as simple as a confusion in names which happens a lot.

So until you find the exact reason for the denial, you are engaging in a lot of unnecessary head banging.


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## ckybam69 (Jan 16, 2010)

Well I dont know why and the number on the pamphlet they gave me just makes a fax machine sound. Still havent heard back on the email. Im guessing they are closes for mlk day


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## Sugar Plum (Jan 16, 2010)

If you have access to a fax machine, just write something up with your contact info and send it to that number. Don't make it a big jumbled mess...just a few sentences detailing the denial and then asking for someone to contact you.


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## Mackey (Jan 16, 2010)

ckybam69 said:


> The only thing on my background check that I have in my hand is an arrest for burglary (finished first offenders so the conviction is gone). Im assuming this is the problem. Can they really not let me get a gun from just an arrest? I thought it had to be a conviction....?
> 
> Will I need a lawyer for the appeal?



I had an arreest from 1971 that showed up. It had never been disposissioned by the city of Atlanta to the FBI. This held up my renewal dispite having had four previous permits issued. I had to go to the municipal court in Atlanta who did not have records from that time frame. The city of Atlanta did give me a "twenty years letter" that simply stated that I had not been in any trouble for the last twenty years. The probate court judge got the letter on Friday, I got my permit on the following Monday.


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## ckybam69 (Jan 16, 2010)

Well when I finished first offenders probation I got a letter saying I was done and it said 
"I have the order of dischare in my hand and it says "the defendent is hereby dischared without court adjudication of guilty and is exhonerated of any criminal purposes, retains his civil rights and liberties unimpared, and he shall not be considered to have a criminal conviction of said charge. "

Doesnt that mean I have all my rights back?
Also could a ticket for marijuana be preventing me even if the case was dropped and I never got arrested for it?


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## NGxplr22 (Jan 16, 2010)

> Well Isnt it bad to try and go buy a gun at another shop when I was denied at a different shop?


Mistakes happen. As long as you aren't restricted from owning a firearm and don't know why you were turned down I see no issue with trying to buy from another shop. If one knew they were legally not able to own a firearm then it would be a different story.





ckybam69 said:


> Also could a ticket for marijuana be preventing me even if the case was dropped and I never got arrested for it?



So you were not required to pay the ticket?

If the ticket or case shows as open then, as 26.06 stated, that could be the holdup.


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## ckybam69 (Jan 16, 2010)

NGxplr22 said:


> Mistakes happen. As long as you aren't restricted from owning a firearm and don't know why you were turned down I see no issue with trying to buy from another shop. If one knew they were legally not able to own a firearm then it would be a different story.
> 
> 
> 
> ...



I did pay a fee but It doesnt show up on the background check that is in my hand. Also I am not sure whether the fee was for the ticket or just court fees. I do know for a fact the possesion case was dropped though cuz I would not have gotten off probation if it wasnt.


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## Mackey (Jan 16, 2010)

ckybam69 said:


> Well when I finished first offenders probation I got a letter saying I was done and it said
> "I have the order of dischare in my hand and it says "the defendent is hereby dischared without court adjudication of guilty and is exhonerated of any criminal purposes, retains his civil rights and liberties unimpared, and he shall not be considered to have a criminal conviction of said charge. "
> 
> Doesnt that mean I have all my rights back?
> Also could a ticket for marijuana be preventing me even if the case was dropped and I never got arrested for it?



I would take that to the Probate judge, it should be sufficient, I think.


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## packrat (Jan 16, 2010)

*Show your hand*

Lay all your cards on the table and maybe someone can help you. What was the situation on the burglary charge and was the drug charge for simple possession, or possession of more than an ounce with intent to distribute? Is there anything else from the time you turned 18 that may still have loose ends such as DUI, obstruction, domestic violence or other?


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## Ballplayer (Jan 17, 2010)

Smoking dope and burlarizing sounds like some state employee's just might be doing their job right. Hope you have matured enough to own a gun. Maybe everything will work out for you.  Good Luck.


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## 5HwnBoys (Jan 17, 2010)

Gents it sure sounds like he may just need to be asking these questions to a lawyer. At this point his story keeps evolving. From an arrest to burglary(conviction) then to possession/smoking dope. I betcha a lawyer might just be able to clear this up for him ASAP. Cause I don't recon any of us will be selling em a gun without a GFL and GA ID. A lawyer will let ya know exactly where ya stand in regards to getting a firearm. He may even be able to help ya clear your records. I think .


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## ckybam69 (Jan 17, 2010)

packrat said:


> Lay all your cards on the table and maybe someone can help you. What was the situation on the burglary charge and was the drug charge for simple possession, or possession of more than an ounce with intent to distribute? Is there anything else from the time you turned 18 that may still have loose ends such as DUI, obstruction, domestic violence or other?



Ok all the cards on the table: The burglary charge was for entering my neighbors house and taking xanax and some video games. I had a key to the house. I know this was wrong but I was on drugs at the time. The marijuana charge was just a simple ticket for misdemeanor possesion. That charge was dropped and does not show up on the background check in my hand. If it did I would not have gotten off probation. I do not do drugs anymore and did tons of therapy and AA meetings to get over the drugs. 


> Gents it sure sounds like he may just need to be asking these questions to a lawyer. At this point his story keeps evolving. From an arrest to burglary then to possession/smoking dope. I betcha a lawyer might just be able to clear this up for him ASAP. Cause I don't recon any of us will be selling em a gun without a GFL and GA ID. A lawyer will let ya know exactly where ya stand in regards to getting a firearm. He may even be able to help ya clear your records. I think .



I talked to my lawyer and he said I should be able to. I am just waiting for a response from nics to find out why I was denied.

Also I went to a store to buy a gun so I could to it the LEGAL way and know whether I could own a gun or not. I am not trying to break the law anymore as I do not want to ruin my education or future over stupid things such as drugs.


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## 5HwnBoys (Jan 17, 2010)

It's a good thing you got a lawyers advice. They would be able to help with a better understanding of the laws, and I hope it all works out for you. Good luck.


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## ckybam69 (Jan 31, 2010)

So I got my GCIC cleared up and now my record is clean. My NCIC record showed I was still on probation. Somehow when I got off probation the record never got updated in the system. 

Now how do I go about this from here? I was denied at first and have cleared up the problem. Do I just go and try and buy another gun at the same place? Or do I have to clear up some paper work with the FBI NICS division first? I'm sure its illegal to keep trying to buy a gun once you have been denied.


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## GONoob (Jan 31, 2010)

I hear it takes a while to get cleared up once you finish your probation. Someone even told me it takes up to 2 years. Let us know of the outcome. Good luck.


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## ckybam69 (Feb 1, 2010)

Its been cleared as of this past friday. I talked to GCIC and they set my record straight. I was really asking If i had to do anything with the first denial or if I can just go try and buy my glock and see what happens. I read if you keep trying to buy a gun when you get denied its illegal.


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## jonkayak (Feb 1, 2010)

I know Academy Sports keeps a record of your denial on there comps. and if you were denied before then games over for Academy. But most smaller stores will try again for you. Just be honest with them when you go back in.


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## Twenty five ought six (Feb 1, 2010)

ckybam69 said:


> Its been cleared as of this past friday. I talked to GCIC and they set my record straight. I was really asking If i had to do anything with the first denial or if I can just go try and buy my glock and see what happens. I read if you keep trying to buy a gun when you get denied its illegal.



If you were denied because of a disqualification, it would be illegal for you to attempt to buy a gun.

It is not the denial that makes the attempted purchase illegal, but the underlying reason.

Being as you say you have no disqualifications, it is not illegal for you to attempt to buy a gun.


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## ckybam69 (Feb 1, 2010)

Twenty five ought six said:


> If you were denied because of a disqualification, it would be illegal for you to attempt to buy a gun.
> 
> It is not the denial that makes the attempted purchase illegal, but the underlying reason.
> 
> Being as you say you have no disqualifications, it is not illegal for you to attempt to buy a gun.



So in essence you are saying that since I fixed what was disqualifying me I am ok to go back and try agian? I will be going back to the same store and Its a small local store.


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