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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87576
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer Question

i was denied a rifle purchase by the FBI-NICS.oddly enough,i was cleared 4 months ago for a handgun.i emailed NICS for a reason(per THEIR instructions).they were supposed to reply within 5 business days.that was 2 weeks ago.still no reply.i feel that there is no justifiable reason for my denial.their phone number is XXXXX automated so there is no one to speak to(i guess they don't want to deal with disgruntled Americans).i have sent follow-up emails to no avail.i feel like my 2nd amendment rights are being infringed.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me if you have had a criminal conviction or have ever been committed in a mental institution?

The reason I ask is because I am attempting to figure out if they have any cause to deny you a firearm to begin with. Federal law under 18 U.S.C. § 922(g) can have the following individuals denied:

(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the
United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable
conditions;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person
participated, which order restrains the person from harassing, stalking, or threatening
an intimate partner or partner’s child, and which order includes a finding that the
person is a credible threat to such partner or partner’s child, or by its terms prohibits
the use, attempted use or threatened use of such force against such partner or
partner’s child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.

Does any of this apply to you, or not?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


did you recieve my responce?

Expert:  Ely replied 1 year ago.
I am sorry, but I did not - can you please try again?
Customer: replied 1 year ago.


the answer is no to all of the above..no felonies,no institutions.only minor misdemeanors.

Expert:  Ely replied 1 year ago.
Thank you, friend. I am sorry to keep asking questions but this should be my last one - what kind of misdemeanors, please? Anything involving domestic violence?
Customer: replied 1 year ago.


a fist fight here and there...no criminal stuff..

Expert:  Ely replied 1 year ago.
Thank you, C.

Under 18 U.S.C. § 922(g), the only individuals denied firearms are listed below (again):

(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the
United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable
conditions;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person
participated, which order restrains the person from harassing, stalking, or threatening
an intimate partner or partner’s child, and which order includes a finding that the
person is a credible threat to such partner or partner’s child, or by its terms prohibits
the use, attempted use or threatened use of such force against such partner or
partner’s child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.


In addition, NH has its own version which is essentially the same, and in addition, it is unlawful for any person who has been convicted of a felony and/or who is subject of a court protective to own, possess or control any firearm.

If you are being denied wrongly, then one can file an administrative request with the Bureau of Alcohol, Tobacco, Firearms and Explosives to review the matter in writing. I know you have called and sent an email, but it is important that a written letter be sent to:

ATF
99 New York Avenue, NE
Washington, DC
20226 USA

...with a copy to:

Manchester Field Office
Resident Agent in Charge XXXXX 2nd Floor
Bedford,
New Hampshire
03110
USA

In it, one may also request an administrative appeal of the decision, and the office should respond.

If ATF for some reason upholds the ban and no administrative appeal is successful, the next step is to file a Writ of Mandamus in federal court. This type of petition requests that the Court order an agency to do its job properly, and, if there is nothing that should stop you from obtaining the firearm under the law, the AFT should allow it per Court order.

If finances are an issue, NH Bar has some programs for reduced fees: here.

I hope this helps and clarifies. Good luck. Hopefully, this will be handled simply via original letter.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Expert:  Ely replied 1 year ago.
PS - my apologies, I noticed that you had stated FBI-NCIS. I am going to modify my answer just a bit - doing so now...
Expert:  Ely replied 1 year ago.
The bulk of the answer stays the same. If FBI-NCIS has denied you the permit to do this, you may administratively appeal. To do so, one begins the process here. Also, see here. As you can see, this still includes filing a written appeal, just with a different address.

However, if at the end of this process, the decision stays the same, then I am afraid that one has no choice but to seek relief in Court under Writ of Mandamus if the decision is not lawful under 18 U.S.C. § 922(g).

Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. Do not worry, you may always ask follow ups free after rating.
Customer: replied 1 year ago.
Relist: Answer quality.
Expert:  Ely replied 1 year ago.
Hello Christopher,

I am sorry that you are not happy with the answer. I want to confirm that you saw my follow up that discussed the appeal with FBI-NCIS, and not ATF. Please confirm.

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