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NICS (BRADY) DENIAL FOR POT MISDEMEANOR

Discussion in 'Shooting Related Threads' started by SerenityNOW, Sep 7, 2009.

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  1. SerenityNOW

    SerenityNOW TS Member

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    This is more of an informational thread, however, I do want to ask if anyone has any further input.

    I was denied for a NICS Brady check for the redemption of my Glock at a pawn shop. I have no felony convictions or domestic violences.

    I have not yet recieved the official BATF explanation, but some research showed me that I will be denied for being a DRUG ADDICT. The definition of a drug addict that pertains to me is that I was given a recent conviction for marijuana possession. According to a document I found (an Alasken justice department document of all things), the BATF considers you a drug addict if you have a conviction for drugs of any kind in the last year, or if you have multiple (more than two) arrests for drugs in the last five years if one of those arrests happened within the last year.

    There are other criteria that does not pertain to me, such as treatment (court ordered or voluntary) in the last year, any positive drug tests in the last year, or visible signs of drug addiction (needlemarks, for example).

    The bottom line is I will need to wait a year to pass Brady. I guess that's doable. It's a damn shame I lost my Glock tho!

    Anyone with additional information, please add to this thread. This thread is mostly posted for others in my predicament who will be searching for this answer.
     
  2. DecalDude

    DecalDude Active Member

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    well I was turned in (Jamestown NY) for supposed ILLEGAL handguns by my ex-wifes mother. The police met me at my house doors unlocked I found they had been inside before I got there and did initial search. I showed them house and told them they were welcome to trash the place if they wanted to clean it all back up. They comfiscated all my long guns,includeing my 870 riot gun which they informed me with a 20 factory barrel was illegal!!!!!!!!!!!! ROTFLMAO.
    Any how with threat of an attorney I got them all back. I also now shoot trap with the Chief of police LMAO hes a great guy and well they arent all gun grabbing so and sos.

    All that said I guess it would be up to the state as to what an addict is, I worked at a shop for a year and we also had to perform the NICS on all who wanted money on thier guns, They were informed before the fact if they could not pass they could not have the gun back under any condition.
    Sorry.
     
  3. halfmile

    halfmile Well-Known Member

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    I would think the mental health and drug provisions would have to have the stamp of officialdom to be viable.

    Like court ordered rehab, or mental treatment. In this case I think simple misdemeanor posession could not be considered "addiction" in any sense of the word. In the second place, Pot is not a drug, rather a controlled substance. Someone with a little lawyer money should go after this before a dangerous precedent is established.

    Maybe you should contact ILA. This smells like someone's judegement call rather than firm policy.

    This is more of the camel's nose under the tent.

    HM
     
  4. 221

    221 Banned User Banned TS Supporters

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    You took the chance.....You got caught.....Quit whining.
     
  5. BrowningPotato

    BrowningPotato TS Member

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  6. SerenityNOW

    SerenityNOW TS Member

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    Dear Mr. Halfmile, I don't think this was a capricious or arbitrary denial. They have the internal definition that drug addiction is defined as what I described in the first message: Conviction or arrest within one years time.

    Of course, we all know that's not what addiction is, but the government cannot use the very ambiguous definition that the American Medical Association uses. They do their best with what they have: Facts.

    Frankly, it's not so bad. I can endure. I had the pot, it's very rare I do but I did this time. I'm certainly no addict, but there are consequences for my actions. And a year isn't long ... heck, four month are up already. I will lose THIS glock, but I make good money. There are others.
     
  7. SerenityNOW

    SerenityNOW TS Member

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    Dear Mr. 221,

    I am not whining. I'm cool with it. So long as its not a permanent disability, I can wait eight months. And it's not illegal for me to OWN guns, nor is it illegal for me to PRIVATE-SALE-purchase guns. So I figure, I got a life lesson and it wasn't that expensive.

    Anyone wanna sell a Glock .40 cal near Atlanta? :)
     
  8. Rich219

    Rich219 Active Member

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    How about you quit smoking weed, an illegal drug, and you wouldn't have these problems.
     
  9. SerenityNOW

    SerenityNOW TS Member

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    Dear Mr. Rich219,

    It's a fair question, it it's a good life lesson. Time for me to put away the silly pursuits of a child, and get on to being a man.
     
  10. recurvyarcher

    recurvyarcher Well-Known Member

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    SerenityNOW, you made a mistake and admitted it, and are moving on. Good for you. The fact that you can take the punishment for your mistakes shows that you are already a man.

    Learn and grow.
     
  11. goose2

    goose2 Well-Known Member

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    The chance you took has come back to bite you in the ass. Probably something you should have thought about before you done it.
    I have been in charge of a youth sports league and you cant believe the reasons why people cant be around kids. When you get caught doing something wrong, 9 out of 10 times it will haunt you one way or another for a long time. I wish you good luck but from my experience your wasting your time.
     
  12. pyrdek

    pyrdek Well-Known Member

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    Foe all those who come down on Serenity Now and busting his chops for having been caught with pot in his possession, just remember;

    The same people that wrote the Brady and the Pot laws can also write laws about alcohol, legal medications and darn near anything else they want. And once they dp, if you are caught with what ever it is they decided to now make illegal, the same teeth that are biting Serenity could be turned on you and bite you in the a$$.

    Don't think it could happen? Check your history books. You will find that hemp was a major economic crop for early American farmers and George Wahington decided to enforce TAX laws about alcohol at the point of a bayonet! You could also check out the history of the Volstead Act.

    Here is a little blip about the Volstead act. Exchange firearms for alcohol and see if you might be made into a criminal once they pass The Schimer-Pelosi-Rush-Feinstien (or whatever they decide to call it) Act.

    "The Volstead Act, which reinforced the prohibition of alcohol in the United States of America, was named for Andrew Volstead, Chairman of the House Judiciary Committee, which oversaw its passage. However, Volstead served as the legislation's sponsor and facilitator rather than its author. It was the Anti-Saloon League's Wayne Wheeler who conceived and drafted the bill."

    Now rather than jumping on Serenity, maybe working to reduce or eliminate ANY use of possession of a banned substance to prohibit guns would be a better course of action. If you think you have "to do something" how about working to disarm violent crimal act perpetrators. This are the ones who actually use or threaten violence and not those who peacefully simply have possession of some controlled substance, like alcohol, pot or whatever else the law makers decide is "BAD' for you.

    And since I expect someone will try to accuse me of being a pot head or such, No, I have never uses pot, do drink a beer or two a month, quit cigarettes maybe 30 years ago and simply believe that anytime you outlaw possession of any thing, you open the process to make criminal, the possession of everything.
     
  13. Lyle

    Lyle Member

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    I have never met a pot smoker who said he was an addict although I have known a few who were.

    Lyle
     
  14. JACK

    JACK Well-Known Member Supporting Vendor

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    pyrdek. you need to drink more beer.
     
  15. ricks1

    ricks1 TS Member

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    wait till you slap your wife/girl friend. kiss your guns good bye. What gary said Is correct. Maybe you can go to CA and get a medical permit for it
     
  16. SerenityNOW

    SerenityNOW TS Member

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    Dear Gary Waalkes and Mr. Goose2,

    Here is the actual legislative language that would serve to deny me my firearm (at this time, and for another 8 months):

    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. ***

    This should serve to put some facts on the matter, and show that while I am presently disabled from purchasing a firearm through a FFL holder, I will not forever be disabled.

    THANK GOD!

    And it is a blessing to get this lesson without permanent disability.
     
  17. Brian in Oregon

    Brian in Oregon Well-Known Member

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    Quote: "well I was turned in (Jamestown NY) for supposed ILLEGAL handguns by my ex-wifes mother."<br>
    <br>
    I'd first be pressing the police and DA to charge her with filing a false police report. Then file a lawsuit against her for false accusation, defamation of character and harassment.<br>
    <br>
    People who do this crap need to be made examples of, because when they get away with it, some other gun owner will be the next victim. Nip this crap in the bud.
     
  18. goose2

    goose2 Well-Known Member

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    Pard, I am not saying what you did is wrong or wright. What I am saying is before one tries this they better think of the long run if they get caught.If you don't think what you done deserves the outcome then fill free to have another toke!
     
  19. ivanhoe

    ivanhoe Well-Known Member

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    SerenityNOW I do not know where you are getting this one year figure on the denial but you need to read the information on the web URL I have posted above.

    Especially the first and second lines of the information. It say you only have two options.

    One you accept the denial or appeal it there is no one year reinstatement as you seem to think it tells you what the process is. if you choose not to appeal take up Archery.

    Bob Lawless
     
  20. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    "He who is without sin caste the first stone". Misdemeanors used to mean little but now they're used against us to deny firearms ownership. I just aquired a large number of firearms from an individual who was arrested for threatening his now ex-wife. Great guy who spent 17 days in the slammer and must dispose all his firearm aquisitions and unable to own for two years.

    Trust me, it could happen to many of us!!
     
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