I have a question about the Federal Instant Check system for firearms sales, and the 'Approve, Deny, or Delay'?
Thursday, 2. September 2010
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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
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