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Olivia Kent
Olivia Kent, Lawyer
Category: Criminal Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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I was convicted of stealing a motor vehicle in 2008 in

Customer Question

I was convicted of stealing a motor vehicle in 2008 in Missouri and was trying to purchase a firearm and got denied and the law states in Missouri non violent felons can purchase firearms
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Olivia Kent replied 8 months ago.

Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating. I'll need you to clarify two things for me first...Your conviction for theft was a felony correct? Have you appealed the denial of firearm purchase?

Customer: replied 8 months ago.
it was a felony and no I have not appealed the firearm purchase
Expert:  Olivia Kent replied 8 months ago.

Okay, that would be my suggestion to you. Let me get you the information that you need in order to appeal the denial. BTW, was it a felony "with special circumstances" or anything like that.... I'm just wondering if they just made a mistake or there's something we're missing here... Give me just a few minutes to type up the appeal instructions...

Expert:  Olivia Kent replied 8 months ago.

This is from the FBI Gun Laws and NICs Information Center site:

If you believe you have been erroneously denied a firearm transfer based on a match to a record returned by the National Instant Criminal Background Check System (NICS), you may request an appeal of your deny decision. The provisions for appeals are outlined in the NICS Regulations at Title 28, Code of Federal Regulations, Part 25.10, and Subsection 103 (f) and (g) and Section 104 of theBrady Handgun Violence Prevention Act of 1993.

You may request the reason for your denial by writing to:

Federal Bureau of Investigation
Criminal Justice Information Services Division
NICS Section
Appeal Services Team, Module A-1
Post Office Box 4278
Clarksburg, WV###-##-####/strong>

You must include the required information (listed below) along with your appeal request:

1. FULL NAME
2. COMPLETE MAILING ADDRESS
3. NICS TRANSACTION NUMBER (NTN) or STATE TRANSACTION NUMBER (STN)

Failure to submit all required appeal information may result in the rejection of your appeal request.

An Official FBI Fingerprint Card is included. The submission of your (rolled or a hard copy of your electronically scanned) fingerprints may help accelerate the appeal process. NOTE: Appeal Fingerprint Cards are not accepted via facsimile.

The NICS Section’s Appeal Services Team (AST) will respond to your initial appeal request by providing you with the general reason for denial within five business days.

Appealing your Denial

The following information outlines the steps you must take to either challenge your record or make a claim the record used as the basis for your denial does not pertain to you.

Questions of Identity

In cases involving criminal history records, if fingerprints are not submitted along with your initial appeal request, you may subsequently be required to submit your fingerprints to establish positive proof of your identity. If your fingerprints are required by the NICS Section and you wish to further the appeal process, you must have your fingerprint impressions rolled or electronically scanned by law enforcement or another authorized fingerprinting agency. The agency preparing your fingerprints must provide an agency name, address, telephone number, and an Originating Agency Identification number (as assigned by the FBI) and the legible signature of the person who rolled your fingerprints on the fingerprint card. The reason fingerprinted should be marked “For NICS Purposes.” The omission of any required information (as listed above) may result in a rejection of your fingerprint card.

NOTE: Specific appeal information can only be provided to you once positive proof of identity has been established via the submission of your fingerprints.

Record Challenges

Record Challenges

You may challenge the accuracy of the record used in the evaluation of your denial or declare your rights to obtain a firearm have been restored, etc. If you have additional information (e.g., court documentation) to assist the AST in correcting or updating the record, you should include the information with your written correspondence.

If the AST is unable to resolve your appeal, you will be provided referral information to contact the agency maintaining the record. For correction of the record, you must follow procedures established by the state or federal agency maintaining the original record. You may submit any information to the originating agency to assist with the correction or update of your record. (This may also help accelerate the appeal process for you.) If the originating agency corrects your record, the AST must be notified and provided documentation indicating such. The AST will evaluate and verify the information and provide you with a decision on your appeal in writing.

Appeal Inquiry

All appeal inquiries must be directed to the AST in writing. Due to the Privacy Act of 1974, specific information cannot be disseminated to you via the telephone.

Successful Appeal

.

If your appeal is successful, you will be notified by the AST, via U.S. mail, your denial has been overturned and you currently have no firearm prohibitions. You will be issued documentation which must be presented to the Federal Firearms Licensee who initiated your background check.

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Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra. We only get credit for the time we take assisting you if you are satisfied AND ALSO ​submit a rating. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.

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Also, the following is the Missouri Gun Law (so that you can verify you included everything you need to the first time... and in your next attempt):

Peaceable journey and RV law

Missouri has a "peaceable journey" under Missouri Statutes 571.030 which law says it is legal to carry the weapon in a passenger compartment of a vehicle as long as (1) the concealable firearm is otherwise lawfully possessed, (2) the person is 21 or older, or (3) the person is in his dwelling unit (e.g. RV) or upon premises over which the person has possession/authority/control, or is traveling in a continuous journey peaceably through this state.

The same applies (it is not a crime) when the person is 21 and possesses an exposed firearm for the lawful pursuit of game.

Open carry

Missouri does allow open carry of firearms for those age 21 or older. However, city, county, and municipalities are allowed to pass laws and ordinances restricting this. It is advisable to check local laws and ordinances before openly carrying a firearm within Missouri.

Concealed carry

Missouri Statute 571.070 (8/28/2007) says that unlawful for a felon (also a drunkard, drug user and adjudged incompetent Person) to have possession of any firearm (including concealable firearms). Violation of this law is a class C felony.

Missouri Statute 571.121 (8/28/2007) says (a) you have to carry permit with you when you carry the concealed weapon and if you don't have it with you, it's not a crime, but you can be fined up to $35, and (b) director of revenue issues a driver's license or a state I.D. with a CCW endorsement that reflects that you can carry concealed.

Customer: replied 8 months ago.
if I buy a firearm from a person with a bill of sale and keep it in my glove box is that a felony
Expert:  Olivia Kent replied 8 months ago.

Thanks for your follow-up question. Please remember to submit a rating for your original question so that we receive credit for assisting you.

Yes, possessing a firearm with a license to own a firearm is against the law. Here is the Missouri statute (I've highlighted the most relevant portions):

Possession of firearm unlawful for certain persons--penalty--exception.

571.070. 1. A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:

(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or

(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

2. Unlawful possession of a firearm is a class C felony.

3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.

(L. 1981 H.B. 296, A.L. 1982 H.B. 1201, A.L. 2008 H.B. 2034, A.L. 2010 H.B. 1692, et al.)

(2013) Section prohibiting persons convicted of certain felonies from possessing firearms is not an ex post facto law because it does not apply to conduct completed before its enactment. State v. Harris, 414 S.W.3d 447 (Mo.banc).

Customer: replied 8 months ago.
hiring an attorney to get my civil rights back is the way to go If the appeal process doesn't pan out ?
Expert:  Olivia Kent replied 8 months ago.

Yes, but I wouldn't do that UNLESS you're unsuccessful appealing on your own, since the process really is meant to be conducive to being handled by everyone, no atty req'd. I hope this clarifies things.

Expert:  Olivia Kent replied 8 months ago.

Hello! I wanted to check in with you to make sure you had all of the information you wanted to obtain when you posted your question. Please let me know if you have any questions or need additional clarification about anything.

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