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NICS (BRADY) DENIAL FOR POT MISDEMEANOR - UPDATE

Discussion in 'Shooting Related Threads' started by SerenityNOW, Feb 6, 2011.

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  1. SerenityNOW

    SerenityNOW TS Member

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    Back in 2009, I posted a thread http://www.trapshooters.com/cfpages/thread_archive.cfm?Threadid=196816&SortBy=ASC&ShowDeleted=No in which I described a NICS denial for what turned out to be, the classification of being a Drug Addict. That definition was based on a recent-at-the-tine (November 2008) arrest and conviction for marijuana possession.
    I discovered the regulations surrounding how one is considered a Drug Addict, and the regulations state:

    **************************************************************************
    On September 6, 1996, ATF published in the Federal Register a notice proposing to amend the regulations to provide for the various categories of persons who are prohibited from receiving or possessing firearms (Notice Number 839; 61 FR 47095):

    An unlawful user of or addicted to any controlled substance. A person who uses a controlled substance and has lost the power of self-control with reference to the use of the controlled substance. A person who uses a controlled substance and has lost the power of self-control with reference to the use of the controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, *** but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct.***

    A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receive or possess a firearm. *** An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possessions that reasonably covers the present time, e.g., a conviction for the use or possession of a controlled substance within the past year, or multiple arrests for such offenses within the past five years if the most recent arrest occurred within the past year. ************************************************************************

    I would like to update you all with my status. I have not messed around with pot since, and thusly no convictions or arrests have occured. Recently, I went to gun store, and underwent a NICS check. I came back "Proceed with sale".

    Please ping Ivanhoe (Bob Lawless), he was convinced I would be disabled from any future sales. I wanted to apprise him that this was not the case.
     
  2. crusha

    crusha TS Member

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    So...gonna take your "heater" and go make a buy?
     
  3. SerenityNOW

    SerenityNOW TS Member

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    LOL

    Of course not.

    I gave up pot with that little 'wake up call'.

    I'm just delighted that the disability is lifted.
     
  4. JACK

    JACK Well-Known Member Supporting Vendor

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    I love both posts. Serenity's because he feels the need to exonerate his rep with us on TS.com and buzzy seeing the ridiculous.

    Good stuff.
     
  5. SerenityNOW

    SerenityNOW TS Member

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    Mr. MIA, trust me, I am a participant in MANY forums, one of which is of great political clout and which I am a big player on. I've been here at Trapshooters just a few times. It's not so much reputation that I am worried about, dear sir.

    It's more that I want to put out an informational set of posts on this issue, because when I was in the situation, I would have liked to know. Because it was so hard to find the information, I thought I'd post it all here, for the next person who may have made unfortunate decisions (like I did).

    :)
     
  6. GW22

    GW22 Active Member

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    If we all chose to correct the record each time Lawless ran his mouth and turned out to be full of sh!t, David would need a bigger server, LOL.

    -Gary
     
  7. JACK

    JACK Well-Known Member Supporting Vendor

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    Mr Serenity. just bustin your chops a touch. But I always find it interesting when guys bring out closed situations. Do you honestly think we remember that you were bopped for pot? and why would we care? We only care about what you do now. Oh, and make sure you come back and tell us how the application for a CC went...
     
  8. grnberetcj

    grnberetcj Active Member

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    The application for a CCDW will be denied.

    Next time he'll be better off smoking his Birkenstock's while hugging a Spotted Owl tree!!

    Curt
     
  9. crusha

    crusha TS Member

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    Can you be sure your status as a "big player" contributor to an internet community with "great political clout" didn't in some way contribute to your fortunate outcome?


    True, I once smoked a pack of Clove cigarettes in college, and I like to talk politics...but could I and the other clout-less uncultured rubes assembled here - who can't spell "Daily Kos" and probably never smoked anything more virulent than corn-silks - really qualify for this same favorable treatment?


    (I'm _dying_ to ram this up Ivanhoe's kiester - but he's a formidable adversary, and I want to make sure I'm on firm ground before I throw down on him).
     
  10. goose2

    goose2 Well-Known Member

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    Waist of time.
     
  11. Dickgshot

    Dickgshot Well-Known Member

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    I've been wondering what happened since that post two years ago. I'm relieved to know your good name has been cleared.
    (Waist: the area above your navel.)
     
  12. Brian in Oregon

    Brian in Oregon Well-Known Member

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    I find this good information to know. And it brings up an idea. The Lautenberg Law is not going to get repealed any time soon. But perhaps it could be modified using this as a precedent. Meaning if someone had no further domestic violence or other misdemeanor issues in, say, five years, then the Lautenberg lifetime ban on gun ownership would be lifted. Right now, with a total ban on their rights, there is no incentive to be squeaky clean. This could provide that incentive.
     
  13. SerenityNOW

    SerenityNOW TS Member

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    Dear grnberetcj, since I live in Georgia, I will have the CCW disability restored in 5 years (1.5 years are already up). This is a recent development, due to the fine efforts of Georgia Conceal Carry, a state-level gun rights organization. The original law was a lifetime disability for CCW for marijuana convictions, but this was amended in late 2010.
     
  14. SerenityNOW

    SerenityNOW TS Member

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    "Can you be sure your status as a "big player" contributor to an internet community with "great political clout" didn't in some way contribute to your fortunate outcome?"

    Dear buzz-gun, yes I am sure. I am known as a screen-name only, there, and although you can find out my real name with some fairly heavy levels of research, most people -- certainly not the ATF -- would bother.

    No, it is because the BATF followed their own guidelines.

    For a change. :)
     
  15. SerenityNOW

    SerenityNOW TS Member

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    "I find this good information to know. And it brings up an idea. The Lautenberg Law is not going to get repealed any time soon. But perhaps it could be modified using this as a precedent. Meaning if someone had no further domestic violence or other misdemeanor issues in, say, five years, then the Lautenberg lifetime ban on gun ownership would be lifted. Right now, with a total ban on their rights, there is no incentive to be squeaky clean. This could provide that incentive."

    Brian, I agree. It would be wonderful to see the Domestic Violence disability removed after a time period. As you say, it would be incentivizing, and furthermore, it is absurd that a misdemeanor -- ANY misdemeanor -- is a reason for a lifetime disability. It was VERY bad precedent and in more gun-control-friendly years, we may see the misdemeanor list expand to encompass pretty much any misdemeanor.

    Traffic infractions will follow, and the anti's will state: "If we cannot trust you to operate a car safely, then there is no way we can allow you a gun."
     
  16. SerenityNOW

    SerenityNOW TS Member

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    Goose2, if you found this post to be a waist of time, you could simply go on to another thredd.

    ;^)
     
  17. SerenityNOW

    SerenityNOW TS Member

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    Thank you for your kind words, dickgtax.
     
  18. Shooting Coach

    Shooting Coach Well-Known Member

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    "Traffic infractions will follow, and the anti's will state: "If we cannot trust you to operate a car safely, then there is no way we can allow you a gun."

    The Libtards will do ANYTHING to gain control. This, along with Liberalism, is a Mental Illness. Keeping these defects and fools out of power is the only way we can insure our Nation will survive.

    This gives me heartburn.

    I am a law abiding citizen, but I DO drive a little over the speed limit on long trips.
     
  19. Brian in Oregon

    Brian in Oregon Well-Known Member

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    <i>"Traffic infractions will follow, and the anti's will state: "If we cannot trust you to operate a car safely, then there is no way we can allow you a gun.""</i>

    Make no mistake, the anti's want to make ANY misdemeanor grounds for denial of gun rights for life. Especially DUI. It's part of their incrementalism scheme to take a slice of the pie given any opportunity until the pie is completely gone.

    Those who feel their slice of the pie will never be taken are delusional. Britain and Australia have shown the folly of that line of thinking. What they cannot fathom is that by supporting all other gunowners they are keeping the knife as far away from their slice as possible. Failing to do so allows the knife closer to their slice.
     
  20. Shooting Coach

    Shooting Coach Well-Known Member

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    As an FFL, I run into this all the time. If you go to court on a Mickey Mouse charge and the lawyer wants you to plead out, plead Nolo. Google it.

    A guilty plea makes an expungement impossible in many cases, or strings you out for years.

    Life happens, and everyone makes a bad life decision occasionally. Some of us get away with it, some of us get caught.
     
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