Pennsylvania Firearm Owners Association
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Thread: Legal Question

  1. #1
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    Default Legal Question

    I have a coworker who recently attempted to buy a firearm and was denied by the NICS system. He lives in NY but the denial was from the FBI so I figured you guys might be able to be of some help. This is the first time he is trying to buy a rifle in his life. The only reason he can think of for this is a DUI back when he was 21 and he is now in his 40's without any further run-ins with the law. He is also a combat veteran of the First Gulf War since the conviction. The FBI website is very vauge on just what the process is to get his rights back. Aside from hiring a lawyer, is there something he can do to get the ball rolling in the meantime? When it does come to hiring a lawyer, does anyone know one in NY that they recommend?

  2. #2
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    Default Re: Legal Question

    The only way the DUI would be the reason is if there was drugs or something found in the car. Definitely get a lawyer for your "friend"

  3. #3
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    Default Re: Legal Question

    Quote Originally Posted by the deer hunter View Post
    "friend"
    lol...

    all kidding aside.. i just did a quick google summerizing your question, the results and also from what ive learned from the wise men here from previous " my friend" posts, he/she has to go back to NYS for a certificate of relief of disabilities

    but when it comes to NYS, its like beating a dead horse.. so good luck
    Last edited by ghost183; April 4th, 2016 at 09:26 PM.

  4. #4
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    Default Re: Legal Question

    as a new yorker i can tell you a DUI from 19 years ago wont be anything. (i will admit i made the mistake and got a DWAI back in 2012, and have purchased quite a few guns from gun dealers everything from long guns to handguns, even got my unrestricted pistol permit/license here in NY since). I even know people who have DWI's that still buy guns, or UPM's (unlawful possession of marijuana) and still able to purchase guns..... And yes some of my purchases have been out of state and in PA specifically.

    Sounds like there might be something left out of the story. Hopefully "your friend" gets it figured out

  5. #5
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    Default Re: Legal Question

    I think your friend should expect a letter in the mail from NICS that will indicate the reason for the denial. Also, there should be instructions regarding the steps to take to appeal the denial. Once he knows the reason for the denial, he can do any necessary research and then decide which would be the best way to proceed.
    IANAL. I don't give legal advice. I'm only stating my OPINION.
    (Did I really need to say that on an Internet forum? LOL)

  6. #6
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    Default Re: Legal Question

    Quote Originally Posted by Oneontanurse View Post
    He is also a combat veteran of the First Gulf War since the conviction. Aside from hiring a lawyer, is there something he can do to get the ball rolling in the meantime?
    Yes look into his Medical records. Ill bet he had an intimate conversation with the head shrinker! Could he have an involuntary 302 or ny equivalent?
    Last edited by Daycrawler; April 5th, 2016 at 07:36 AM.
    Aggies Coach Really ??? Take off the tin foil bro.

  7. #7
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    Default Re: Legal Question

    NRA members can call the NRA/ILA and access their list of pro gun lawyers for any zip code. He should start there, if he's in NY state.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
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    Default Re: Legal Question

    Hey guys, thanks for the help! I will talk to him again at work today and ask him if there is anything he has left out. He isn't an NRA member but I am so I will give them a buzz once he gets his paperwork from NICS.

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