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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26411
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I've never been convicted of any crime. So please explain to

Customer Question

I've never been convicted of any crime. So please explain to me why I'm having a problem purchasing a handgun
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
It's not possible for me to know exactly why you were turned down. It may be, for example, that someone with the same name has a felony record. Or it may be that your credit card transaction was declined and it has nothing to do with your second amendment rights.
However, here are the reasons a gun purchase would be automatically declined. You can find them in 18 USC 922(d), which I am quoting below:
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child . . .
(9) has been convicted in any court of a misdemeanor crime of domestic violence.
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If none of these reasons apply, you can appeal your denial by following the information provided here:
http://www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/appeals-home
Click on the link for appealing a firearms background check.
Customer: replied 2 years ago.
You haven't given me any answers that I didn't already know. I would really like to find out the reason for the denial.
Expert:  Zoey_ JD replied 2 years ago.
That's why you have to appeal it, explaining that you know of no reason that your second amendment rights are not viable.
Sometimes all we can do is to confirm what you figure out for yourself, much like when you go to the doctor and tell him that you think you have the flu and he says, "Yes you do" and sends you back home and tells you to take it easy until you well.
Have you already made a number of firearms purchases? Too many purchases within too short a span of time can also trigger a denial.

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