If i can’t purchase a firearm due background check denial, can i be legally gifted a firearm and get a carry conceal permit?
You might need help fixing that background check. I know an attorney in my area who helps people with that, depending on what the problem is. You might be able to do the same, depending on the state you live in and the situation that flagged you in the background check.
Along those lines, your state might run a similar background check if you apply for a permit. And every other time your history is run. I’d ask an attorney what your options are.
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Welcome to the community @Daniel502
Maybe maybe not. There is some more information we would need to try and answer that question.
It would depend first and foremost on why you were denied. If you can legally own a firearm then you should be able to get the denial reversed though that may be easier said than done.
If you can legally own a firearm then the gifting option would depend on who is gifting what and what state you live in. In some states all firearm transfers have to go through FFL dealer so you would likely run into the same problem. Some states allow face to face transfers without a dealer and others allow them between family members. But you usually both need to reside in the same State. What you can’t do regardless of State is have someone go purchase a firearm for you with the intention of giving it to you. That would likely be considered a straw purchase under most circumstances.
If there is a legitimate red flag coming up for your purchase it is likely to come up during a background check for a carry permit. But many denials for purchase are not legitimate denials and are based on bad information in the system or people with similar names. So it is possible you could still get the permit.
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Thank you so much. The denial is based on a felony arrest record in 1972 from the state of California. I thought the outcome was a conviction of a misdemeanor Marijuana charge. I currently reside in the state of Georgia.
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Thanks for the information. The prohibiting record is out of California and I currently reside in Georgia. Would i need to contact an attorney in California?
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You will likely need to get a lawyer to help get that removed from your record. I suspect that would be very doable given that CA has decriminalized marijuana use and the conviction is from so long ago.
I’m not a lawyer but if the conviction was a felony it would prohibit you from possessing a firearm until it is removed from your record. If the conviction was a misdemeanor then it might or might not prohibit possessing a firearm.
Either way a CA lawyer with experience in these kinds of cases would likely be the most efficient route.
Edit to add - There is the added problem of the drug question on the 4473 form given the previous charge. You’ll definitely want to ask a lawyer on how to deal with that one.
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Thanks to all so much. I guess I’ve lived without a firearm this long, i guess i can live without one the rest of my life. If it wasn’t for the daily reports of shootings i wouldn’t be concerned about purchasing a firearm to protect myself.
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Chances are likely very good that you can go for the rest of your life without needing a firearm. But if you have the time and funds needed to restore your rights I think it is worth trying to do. It seems unreasonable to not be able to exercise a fundamental right because of an action from so many decades ago. For those rare occasions when you need a firearm it really sucks not to have one.
But one of the most important things I have learned on my self defense journey is that having situational awareness, avoidance and deescalation skills are even more important in the vast majority of situations than having a firearm. There are also martial arts skills and other tool choices that can help in some situations. So it may be worth looking into those options while working towards restoring your rights.
Hope it all works out!
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Number one a fire arm will likely do you no good without the safety training to go with it.
Second, I was denied a concealed carry weapon license because of an arrest when I was a teenager. I went in to talk to the sheriff, who gives permission for concealed carry weapons license, and he told me he didn’t realize it was from so long ago and issued me a concealed carry weapon license.
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Thank you. If could just figure out where to start with the process i would try, but, it all seems so confusing. I guess I should start with contacting the reporting agency in California. I’ll give a good boy scout try… Thanks for the encouragement.
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Out of curiosity, is there an advantage to contacting an attorney in California instead of contacting an attorney in Georgia? I don’t know how the whole system works, but I thought it might be easier to contact a local attorney first, and then reach back to California if needed.
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I have no experience in this matter. My thought was since the charge was in CA that a CA lawyer with experience in this field might have a better understanding of how to deal with the process in CA and who to talk to first.
But talking to a lawyer with experience in these matters regardless of which state they are in would likely be the best way to start. Many lawyers will give a free consultation and they should be able to give an indication if it is a process you can do on your own or if you need a specific kind of lawyer in a specific State.
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Ask an attorney.
I would think being denied on the background check means you are a prohibited person which means possession is unlawful.
It may be something that can be changed.
Consult an attorney I’d say
If you have a felony conviction you are federally prohibited from possession
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You know, they make some really nice .30, .357, .45, .50, and .510 caliber air rifles these days. A friend of mine uses one to hunt deer in Ohio.
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Daniel502,
Welcome to the “testosterone club!” Stick around and keep the knowledge flowing into your head. WHEN you do get the hookey-dookey BS charge from the past cleared up you will be that much ahead of the game to getting your first firearm. Knowledge is POWER Brother and these people have it. I too had a charge against me in the past (Hear the huge intake of shocked air being sucked in by all the people here on this site all @ once ! could swallow Rhode Island! ) Fortunately I was never in Rhode Island in the 60’s I was (5) @ the time of the ‘incident’ and robbing a liquor store ‘probably’ didn’t enter my mind till about age 11…so, a lawyer charged me $100 did a little slick-willy lawyer speak for about 15 minutes and bada-bing it was wiped from my record. It did help I was (5) @ the time as I mentioned but the lawyer made it seem like he did a Holy Grail type thing getting a toddler off on charges…lawyers, go figure .Just a few conversations a bunch of ‘uh huh’s and it was resolved quickly and my love affair w/ guns began!
All I ever wanted to be was Green Beret like John Wayne but the recruiter said I was too fat!..I was 5’11’'/175 and worked out (a little) I thought ‘what do they feed these guys?’ So I found Armored transport as a temporary measure to get in shape and it lasted (10) years! You never know what changing one thing in your life, one hiccup resolved you can be on our way in a direction you never dreamed of ! So stick w/ it ‘Daniel’ get 'er done! kick its ass and join the club. There are No dues here (but you do have to be a little crazy!) Enjoy the ride! It’s kool baby!
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The war on drugs … the gift that keeps on giving.
I read sometime ago that CA, which has since legalized marijuana use, passed a bill to expunge marijuana convictions. That probably won’t help if the conviction was for federal drug crimes or the expungement (sp?) does not extend to crimes listed in federal databases. I’d check with a CA lawyer.
California: Governor Signs Legislation Expunging Past Marijuana Convictions - NORML
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When was that 1923?
Sorry brother I saw an open door and resist the temptation. Blessings to you.
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There is a group at San Jose State that will help you with that.
The Record Clearance Team
Justice Studies Department, SJSU
expunge@sjsu.edu (RCP email)
sjsu.edu/expunge