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Back on 06/03/2002 got a 246.3 willful discharge, Ca. On…

Back on 06/03/2002 got...

Back on 06/03/2002 got a 246.3 willful discharge

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Ca. On 07/26/2002 dispo no complaint filed. Case closed denied gun purches in 2018

Lawyer's Assistant: What steps have been taken so far?

Livescan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is this just in ca or am i restricted from buying a gun everywhere

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Answered in 11 minutes by:
3/24/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,805
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. Are you saying you were never convicted of this crime? Were you denied on the state or federal level?

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If you were never convicted of this charge because the case was not filed with the court, there would be no reason your right to purchase a weapon should be denied. The charge, however, would show on a background check and that might have caused the problem if the government didn't realize that this never led to a conviction.

If it was the Federal government that denied you -- and it probably was -- then you can't clear a NICs check. That would be a problem everywhere in the country, so long as a background check had to be conducted. It's the Federal FBI database that gets used to allow gun purchases, and that has all 50-state and federal offenses in it.

Your remedy would be to get proof of the fact that this case did not involve a plea and a conviction and appeal the denial with the FBI. The form to do so is online and you can find more information here:

https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics-appeals

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Customer reply replied 4 months ago
On the page it says III California only source record
Customer reply replied 4 months ago
Can't afford to call if thats all the advice you have for me. Then have a good day

Phone calls are strictly optional and if you're not interested in one, that's fine.

You need to find out from the person who ran the check whether you were denied on the state or Federal level. If on the state level, you would still have your rights elsewhere, so long as you were not convicted of this charge. California prohibits offenders with "discharge" convictions from purchasing a weapon. If you have no conviction, you'd want to appeal this with the state if the state denied you.

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Customer reply replied 4 months ago
I was never c convicted never went to court was never charged and had bought weapons after that incident this all just came up recently in 2018

There should be no real problem. It's just that they are looking more closely at records now in the wake of the school shootings. Someone flagged this but there is no reason you should have been denied a purchase under the facts you've given me. Find out what agency is responsible for the denial and file an appeal to straighten this out.

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Customer reply replied 4 months ago
Ok thank you for your time,, appreciate it

You're very welcome.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,805
Experience: Active member of the NYS bar since 1989
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