I am presently located in the State of Ohio. Ohio affords more freedom than my previous state of New Jersey in Firearms laws. I visited a Pawn shop in Ohio, and they have handguns in a display case, and shotguns and rifles (about 3 of each) on the wall (matter of fact, someone was selling a .380 to the guys at the counter when I walked in.) I asked the shop the rules of a Gun purchase, and they advised me that I must:
1) Update my identification to the state of Ohio, as Federal law requires that firearms transfers be done between individuals of the same state, in the same state; and
2) That I would have my info entered into the Instant Check computer for the Approve, Deny, or Delay response. (I imagine this applied to the handguns -and- long guns, but that is one of my questions.)
I have previously posted, because I have a challenging legal matter that basically boils down to the Federal laws of firearms vs. the State laws of firearms, especially since Ohio goes by the Federal Instant Check, not a State one. This is what I am describing:
In NJ on May of 2006, Deposed in October of 2007, I was convicted of New Jersey 2C:39-5, which is Unlawful Possession of a Weapon. NJ went to -town- to paint me as a Felon! The charge was NOT downgraded, and the word Weapon was used. (This is important; it was not a Weapon, I will explain in the next paragraph.) I was placed on 2 yars probation, since I had no record to warrant Prison. My probation is done. It was State probation, and NJ took my DNA. They really made me feel like I killed someone, and really gave it their best effort to ensure I had a ‘record.’ The problem is with their law… (continue to next paragraph, this is what I mean:)
In NJ, a BB Gun or Pellet gun is -legally,0 under NJ law, to be a ‘Weapon.’ They do not use the word Firearm; it is ‘weapon,’ so it can mean anything they want it to mean. After I was robbed outside of my vehicle the night in May 2006, I called the authorities. They came to where I was, since I had a black eye and no keys, wallet, or phone. The Police searched my vehicle, and found a BB Gun. They interrupted my Statement to the police, arrested me, towed my vehicle, arrested me on an outstanding traffic warrant, and I was free 2 days later because the warrant was taken care of, just not out of their computer. (Ever had a judge say to you ‘Why are you here?’ when he looks at paperwork, and the Police brought you in? I have.) I went -back- to the Detectives to finish my statement, and explain the BB Gun that was found in my vehicle. (NJ law made it impossible for me to come up with an acceptable explanation, so I explained it was to scare off a would-be attacker with a real weapon as I sped off, if I was robbed in the city. It was the truth, but it did not ‘work.’) I was again free.
3 months and 1 week later, I was pulled over for a traffic warrant and had a no-bail Felony Warrant for Possession of a Weapon. I was flabbebrgasted. I could not make this up if I tried. (Thank you for staying with me in my dilemma.) I really question whether or not the Federal Instant Check will issue a Deny because of this. I would -expect- it to issue a Delay response, because BB Guns are NOT Firearms, and although NJ uses the word ‘projectile’ to not differentiate between an item that would either make a squirrel jump or kill a 400-pound man, Federal law does not recognize BB Guns as firearms.
Because of this GLARING discrepancy between NJ and OH and Federal law (OH being in line with Federal, NJ being the United States of NJ,) My questions are:
1) What happens if the Federal Instant Check turns up a "Delay" response?
2) Will it turn up a "Delay" response when it sees my information?
I am asking because if it turns up ‘Delay,’ I would like to participate in te process to prove it is not a disqualifying thing to own at least even a Long gun under the laws of Ohio and Federal. I also wonder:
3) If it turned up ‘Deny,’ do I have the right to appeal for a review of that based on the facts of the ‘conviction’ I outlined?
4) Is Ohio a ‘Brady’ State?
5) Does the Instant Check decision apply to Long Guns only, or both Long Guns and Handguns? — I have also heard I can own a Long Gun with my Fake Felony.
Thank you for answering this, it means a lot to me. Sincerely, – Joseph
Hunting, shooting and target practise are some of the most popular pastimes in the USA, but make that you learn all about the rules and regulations regarding firearms and their safe use.
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A felony is a felony, it doesn’t matter what state you are convicted in, or what state you are buying in, or how unjust or ridiculous the charges were; you have a felony on your record in the eyes of the federal government, and you will be denied on the background check. You can appeal it, but it will be expensive and chances are slim to none that you will win.
Delay just means that they are too busy to look up your record at the time of the call, there is no investigation or deliberation, they are just too busy.
The instant check applies equally to all handguns and long guns with the exception of muzzle loaders (those aren’t considered firearms for some reason).
wow man, the authorities really screwed you over, but i cant help… sorry, just thought i’d show someone stuck here through the read. I hope you are able to purchase that, becuase technically you didnt posses a ‘firearm’. Thats like convicting someone for possesion of a slingshot.
Been there before buddy… ABSOLUTELY do this….
Join the NRA. Call them, tell them you are a member, and you want to speak to an attorney. They will put yout though to one who can give you some great advice on where to go next. It is likely they will refer you to a local lawyer who specializes in Firearms law. Make an appointment and speak to the lawyers they refer. Better to get your ducks in a row than your "boys" in a vise thanks to the toilet that is New Jersey.
1) If it’s a delay, it’s a delay. The terminology in the form is "wilfully attempting to decieve the court." You don’t know if you are a felon or not, so there is not motive to defraud the system.
2) It might take a delay, maybe not. It’s a screwy system, NCIS
3) If you are denied you are given an opportunity to appeal.
4) Don’t know. Look it up.
5) The instant check applies to ALL guns. However if you can buy a long gun, you can just as easily buy a handgun.
I would also recommend you check out AR15.com. Look for the Hometown tab and check your state. They have an entire section for firearm legalities by state. You can also ask people there and there will be a lot of real experts there as well.
I feel for your story but it was just an exercise in wasted band width
One of the questions on the form 4473 that you must fill out is
Have you ever been convicted of a crime where the judge could have given you more than a year in jail
The answer in this case is yes
The process stops there
No call will be made to NICS or the Ohio equivalent
You are done
The FFL can not sell you the gun and will ot waste his time on the call
NICS is a national check site that states may use
However if a states decides to use their own check resource instead it must comply with NICS standards of being a NATIONAL check system
Just as an aside
Your excuse for having the BB gun is what screwed you
You admitted to having the gun to use as a weapon
You should have simply said I forgot I had left it in there after shooting tin cans in my friends back yard or just followed the age old advice
STFU
Apply for the firearm (after changing your ID to Ohio). The app asks about firearm convictions. For the wording you used about your "crime" a brick or even an ink pen could get you arrested. You will likely get the delay option and have to answer some more questions if your record shows.
I don’t know if your interested but joining the NRA gives you access to their attorneys for free consolations and sometimes they will even represent you for free (almost always at a discount). I have used the consolation twice and was able to reference the proper laws to get what I needed to done.