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I debated on posting this for 24+ hours now and I still come to the conclusion that it needs to be posted. Maybe it will help someone here out in the future. Back story. In 2009 I plead guilty to "possession of an instrument of crime". Its a class A misdemeanor that carries a jail time up to 365 days. No misdemeanor in Arkansas carries a sentence longer than 365 days. Even in my 12 months of probation that I received the judge still allowed me to own, possess, buy and sell firearms. I know in 2010 I bought 2 firearms from dealers, I was delayed 5 days which was a first, but other than that everything went smoothly. Got into racing bikes so that's where all my money went over the next decade almost. Sure I bought a gun from a family member or a buddy and my wife bought a couple for the house or her but I just never bought one from a shop again till recently. Last week I found a good deal on a Gen3 21sf at a local pawnshop. I traded one of my firearms I didn't shoot much plus a little cash for it. I got delayed, I expected that, so I went home and waited patiently for 7 days. After the wait period I went back for the pistol....DENIED. Went on to ATF's website and filed the request on the denial for an explanation. It came back promptly that I was in violation of title 18 which states "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" ARKANSAS DOESNT HAVE A MISDEMEARNOR THAT EXCEEDS 365 DAYS. I have already been in touch with my lawyer and I have already challenged the denial but with all the craziness going on with gun sells its probably going to take 6-12 months. Im not and have never been a felon and I have never been charged with anything to do with domestic violence. I have never been in trouble before or after that day in 2009. I ended up letting the shop buy my firearm and then got the money back on the extra I paid forward. By law Im not even sure they could of given it back to me. But he offered me the same amount I had paid for it and I rarely shoot it. While doing my research and dealing with this I found a lot of useful info and some things that caught me off guard. I didn't know that each year something like 50,000 cases are argued over between the ATF and the FBI. For example the ATF will ok the sale of a firearm but when its kicked over to the FBI they are like what the crap this wasn't a lawful purchase. About 50-100 of these cases a year the FBI ends up going after the buyer and filing charges on them!!!!
 

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Best of luck.

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Sorry you are going through this.


BTW, what is an " instrument of crime "; I don't think I have ever run across that term before.

:headscratch:
 

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Sorry you are going through this.


BTW, what is an " instrument of crime "; I don't think I have ever run across that term before.

:headscratch:
In ND that would be something like possession of a lockpick set or slimjim by someone other than a licensed locksmith.
 

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Went on to ATF's website and filed the request on the denial for an explanation. It came back promptly that I was in violation of title 18 which states "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" ARKANSAS DOESNT HAVE A MISDEMEARNOR THAT EXCEEDS 365 DAYS.
I looked up the Arkansas law and it says you are right. NICS makes mistakes.. Hopefully, you can make them pay your costs for straitening out the wrongful denial.

Years ago they called me to discuss whether a person on diversion in Kentucky could be considered convicted for NICS purposes (felonies, yes, misdemeanors, no). While we were talking it somehow came up that they considered disorderly conduct a potential "misdemeanor crime of domestic violence" in Kentucky, since you can commit it by fighting in public. I pointed out that the victim of "disorderly conduct" in Kentucky is "the public" and not the person you fight with, so the victim can never be a family member. They didn't care.

In the past, I have been immediately denied and immediately proceeded at 2 different gun shops within 2 or 3 hours. The guy who owns the shop down the street from my house said he once got a denial on the ATF agent who inspects his store.
 

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I am sorry that you have to deal with this. BS sucks! You were smart to get an attorney involved, as ATF/FBI are more likely to take a look at your case and give you a fair (and honest) shake because of the attorney. A private citizen? Not always treated fairly, in my experience.


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check to see if your state has something like adult expungement, if they do get it completely off your record.
Another possibility is to get the record sealed. They still have it in their/the state’s or city’s system, but it is not available for anyone except maybe the highest levels of feds, to see it.

I have one, a very long story.


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A similar story, FWIW!

The last time that I renewed my CCW permit I had to answer yes, that I was subject to a restraining order. Added a brief explanation in a separate sheet of paper that I was involved in a civil case, the folks next door had sued to try and stop me from having a tree on my property taken down. As part of the case I was placed under a restraining order to not harm or remove that tree. They lost in district court, went to the state Supreme Court, Appeals court, and back to Supreme Court. The ordeal took two years.

All the clerk saw was “restraining order” and my renewal was denied. My attorney called the city department responsible, explained that their law does not include orders of protection for trees. They pulled my file, and reversed their decision. If it had been me fighting that denial, I am pretty certain that Denver would have not given me the time of day. In fact, the LEO who handles CCW permits for Denver told me that they (C&C Denver) had never reversed a denial since the state had forced them to start issuing CCWs, i.e. 14 years previous. So my case was the first.


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I am sorry for you. This is a reminder of how in the age of computers, crap can easily be tacked to your name and can then follow you around forever. It is exactly why I think twice if I am committing even the smallest infractions that might give "The man" an excuse to take away my 2nd amendment rights. For example, where as other people will walk their dog or jog in an open county field that has "Posted" signs (which instantly becomes a felony in Texas if you are armed), or my neighbors say they might conveniently forget their Jury Duty Summons, or folks might get into argument over a parking spot or some other minor squabble that somebody calls the cops, I make damn sure I stay squeaky clean so "The man" doesn't show up at my door to confiscate my guns. Lawyers are not cheap, nor are their results guaranteed. So I'd rather not start with "The man", if I can avoid it. Good luck to you.
 

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A similar story, FWIW!

The last time that I renewed my CCW permit I had to answer yes, that I was subject to a restraining order. Added a brief explanation in a separate sheet of paper that I was involved in a civil case, the folks next door had sued to try and stop me from having a tree on my property taken down. As part of the case I was placed under a restraining order to not harm or remove that tree. They lost in district court, went to the state Supreme Court, Appeals court, and back to Supreme Court. The ordeal took two years.

All the clerk saw was “restraining order” and my renewal was denied. My attorney called the city department responsible, explained that their law does not include orders of protection for trees. They pulled my file, and reversed their decision. If it had been me fighting that denial, I am pretty certain that Denver would have not given me the time of day. In fact, the LEO who handles CCW permits for Denver told me that they (C&C Denver) had never reversed a denial since the state had forced them to start issuing CCWs, i.e. 14 years previous. So my case was the first.


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Did you get the tree cut down?
 

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Did you get the tree cut down?
I was just thinking that I needed to answer finish that story. Yes.



This is the stump of what they were fighting us over. Stump measured 36” x 48”, an old catalpa tree. Apparently carpenter ants really like catulpa as well. When I saw that I suddenly felt really smart for wanting that tree gone. That steel fence post is the corner of our property.

And for the record, the court fight was never about saving a beautiful tree (like they testified repeatedly). It was all spite because we have never gotten along with each other, and we never will.


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