NICS appeals halted; did that ever get going again?

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WWWJD

New member
Buddy of mine had a misdemeanor assault on his record that was several years old. He got it expunged in the fall of 2014. I guess just to 'test the waters' he tried to buy a rifle A YEAR later, and got denied. He filed an appeal on the NICS website with an attached copy of the expungement order and a couple weeks later got the whole canned response about having something on his record, and that it would be investigated further.

In passing, I asked him if he ever heard anything back from them. Gauging by this article, I'm guessing he never will? That's pretty uncool.

http://www.usatoday.com/story/news/nation/2016/01/19/fbi-guns-background-checks/78752774/

Is there any hope for him or is he screwed? I think repeatedly trying to buy a gun and getting denied and repeating that whole appeal process might get him in trouble somehow, even though according to the back of the 4473, he's legally permitted.

How the 'H' is all of this "supposed" to work? :D
 
G

g.willikers

New member
If the misdemeanor that was expunged is the only problem, wouldn't he be legal to buy a gun from a private seller, assuming it's legal to do so there without a background check?
In many states, it is.
 
W

WWWJD

New member
As far as I know, he has, and does. I pretty much told him the same thing. It's just kind of a bummer that he can't walk into a store and buy what he wants because of a paper trail.
 
H

Hunter Customs

New member
I really can't answer your question.
My only advise would be, if it's feasible it might be time for your friend to hire an attorney.

Best Regards
Bob Hunter
 
J

johnwilliamson062

Moderator
Hmmm... an expunged record is sealed. It isn't invalidated or deleted.
I know of a medical professional that lost their license after they relayed in conversation they had a previous felony drug trafficking conviction from before they went to graduate school that was sealed. Once confirmed, the state really didn't care if the record was sealed or not. I'm not sure if the state board was able to get it unsealed or how they confirmed it with enough certainty to proceed. They claimed the person had lied on their license app and removed them from the hospital. As relayed to me, with a dramatic escort to their vehicle.
What exactly "expunged" means may vary slightly state to state.
In Ohio I believe there are three processes available.
Expunge
Maybe "vacate"?
and pardon

An acquaintance considered the process with legal advice. He was told an expunged record would still make it illegal to buy a gun even if he passed the NICS as he would be lying on the 4473. The records could later be unsealed in some circumstances and this could result in further felonies.
I think he attained a pardon following a generous application of grease to several cogs in the political works.
That information was relayed in conversation and I am not at all sure about its validity.
 
W

WWWJD

New member
What kind of misdemeanor?
Click to expand...

The story I got is that it was an assault charge, 4th degree? Whatever that means. His girlfriend was trying to beat the crap out of him, he put her into the wall. She called her dad who's an out of state cop. He called locals, they took him away. (how jacked up that situation is, is another thread in another forum all together).

The only things I can really find are Kentucky statute regarding expungement:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=42281

and this:

http://www.rip.uscourts.gov/rip/supervision/firearmpossession/FirearmPossessionProhibition.pdf

I'm no lawyer either. I just wonder if there's a lawyer around that's familiar enough with what needs to be done to get this resolved. I've only dealt with attorney's a few times in my life; every time it seemed like they were a hot mess. lol I'd still like to point him in a direction though.
 
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