So I just found out a year after I applied that my application for a UPin was denied and, correct me if I’m wrong, but does this read to you as if they think I’m a fugitive from justice?
“The FBI Criminal Justice Information Services (CJIS) Division’s National Instant Criminal Background Check System (NICS) Section has processed your Voluntary Appeal File (VAF) application and has determined you are not eligible to be entered
into the VAF based on prohibiting and/or potentially prohibiting information found on your record under Your VAF was unsuccessful based on a record maintained by the state of Massachusetts for Title 18, United States Code, Section 922(g)(2): “A
person who is a fugitive from justice.” The prohibitor is indicative of an active felony or misdemeanor warrant which has to meet three criteria:
· The person is subject to a current or pending/potential criminal prosecution or criminal testimonial obligation (e.g., expert witness, material witness, victim, or informant); and
· The person has left the state; and
· The person has done so to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding (e.g., expert witness, material witness, victim, or informant).
and the potential for:
Title 18, United States Code (U.S.C.), 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.” Please note that it does not matter whether the sentence of more than one or two years was actually ordered or served; the prohibitor is based upon the maximum sentence that could
have been imposed upon the individual by the court. In addition, some convictions which may have been “sealed” or “expunged” for certain purposes still qualify as 18 U.S.C. §922(g)(1) prohibitors.”
I got a DUI in 2009, never convicted, but I had to pay the usual court fines in order to get the case closed. I couldn’t afford the court fines! Especially at the time I was unemployed and couch surfing. Trying to get a job I had googled myself and saw that I had a warrant because of those fines. So I immediately turned myself in to clear it up. THAT’S what’s coming up as the issue. This was all paid off and closed in 2012. No convictions on my record, just the DUI arrest in 2009. Why is this one time that I turned myself in, coming up as if I’m still a fugitive?
I plan to file an appeal because, while I do have an LTC from MA and own/carry a weapon, I’m now concerned that I’ll be denied the right to buy any more weapons.
They gave me a contact and my NICS Record ID number, but I wanted some advice on the best way to go about this. Do I write a letter? Contact the police dept they have listed?
Does any of this make sense to anyone? Why are they saying that I left the state? Because I moved to NH? The real estate was cheaper up here lol. If I was a fugitive, why would I tell the FBI where I live and offer my fingerprints? I’m so confused… please help
@Glori Welcome to the community.
It could be as simple as the court clerk not recording your paperwork properly or someone you pissed off in the system.
You will have to start with the Police and the Court and even the Judge and have them check all your paperwork and see that it’s corrected and sent forward. I would even suggest contacting an Attorney in the same town. Make and keep copies of everything and if you have an active warrant you will have to do everything by phone or turn yourself in with an Attorney.
It sucks to get caught up in the legal system. Good luck and let us know what happens.
@MikeBKY. Maybe our resident Attorney can chime in, he is always helpful.
Welcome to the family brother @Glori , glad you could join us.
Thank you! Would a warrant come up on a CORI check? I ran one on myself before I applied for an LTC in MA to see if it was worth applying for and nothing came up about an active warrant. But you’re right, I’m going to call the police department for which the “warrant” is out of first and take it from there. I definitely want this cleared up. This is not something I want lingering in the background. Especially since I very much enjoy shooting guns and I’d like to continue doing so legally.
Could be why or any of many reasons.
How far back does a CORI go?
CORI (Criminal Offender Records Information) Background Checks. Felony convictions are included in CORI reports only for ten years after final disposition (including termination of any period of incarceration).
Welcome to the family @Glori and you are in the right place at the right time.
@Glori Welcome to the Community. Alot of great input to your issue, and if you do see a lawyer ask if this DUI record can get expunged.
Welcome to the Community @Glori! I would start looking at your 2009 DUI to see if there is something still out there that makes you a “fugitive” firearms possession laws. While you are looking you might reach out to the NH state police to run a criminal background check on yourself. Criminal History Record Requests | NH State Police
I would suspect that they will run you through NCIC which should show anything in any US jurisdiction.
I’m interested in these problems but I don’t have a clue about what all the Abbreviations stand for, I didn’t get a law degree.
A UPin (Unique Personal Identification Number) is a special number that the ATF gives you if there have been issues with NICS (National Instant Criminal background check System). It is part of the VAF (voluntary Appeal File) that can be requested when NICS comes back in cases of mistaken identity.
There is a similar process for those mistakenly put on the No Fly List. If you end up on that list, you have to apply for a TSA Redress Number that you use every time you fly. This one I have personal knowledge of because I was on the no fly list.
Hmmmm, perhaps we should call you @AchmedBKY.
I know it’s not funny to be on any ones “BAD” list.
I’m sorry but I had to laugh at myself when I thought of it.
Funny that you say that @BRUCE26. I was with the Sheriff’s Office when 9/11 happened and after it seemed that I had increased scrutiny at the check-in desk and at the security checkpoint whenever I flew. And I flew fairly often at the time from Louisville to Baltimore and would then drive to Philly to see family. And nearly every time I was checked, I had been shooting very recently and I was always showing positive for powder residue. It got to the point that I would arrive at the airport 2 hours early because I was always being checked and my bags were checked. Oh, an I always had a firearm in my checked luggage.
One time when I was checking in after this had been going on I was checking in my bag, with my handgun in the luggage, I show her my ID which was my license but my wallet with badge and SO ID were open. She started laughing as I looked her like WTF? She responded, “Do you know you are on the no fly list?” Then it all starts to make sense. Extra checks, searches and getting swabbed at every airport!
After that I did use Achmed a few times, privately of course.
I applied for a TSA redress number and still use it on the rare occasions I fly. I got to the point if I can make it there driving in 13 hours or less, I drive.
Wow did I call that one. Thanks for the laugh today, I needed it.
Thank Mr. BKY for the definitions. Seems Like the >>
BLA BLA DOENT KNOW WHAT THE OTHER BLA BLA BLA IS DOING except MESSING UP PEOPLES BLA BLA.
ATF BLA BLA MY ASS.
FOR ENGLISH PRESS ONE.
FOR ATF PRESS BLA BLA
Lost in todays BLA BLA.
Ha Ha Ha man!! Yall got me going reading that
Thank you! I’ll start there. Why wouldn’t this come up when MA was processing my LTC application? I’m surprised I was approved considering I’m a fugitive.
I would think it would come up but I can’t say I have any idea how MA does their LTC background checks.