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CBI Denial
#1
Hi All,
I really need some advice. On Thanksgiving Friday, my US Marine son and I were in Bass Pro Shops looking at semi-automatic pistols. I've been wanting to buy a couple for my girlfriend and I for some time. We enjoy shooting at the local indoor ranges, and, because I work nights, we'd both feel safer if we had some home and car protection.
After selecting a pistol, I entered the CBI information on the computer at the store. After waiting quite a while, I was informed that I was denied the right to purchase a firearm. I was embarassed. I have lived in Colorado since 1995 and never expected this to happen.
I filed the written appeal right away and received a notice that my attempted purchase was denied because of a domestic violence arrest in 1994 in Billings MT that resulted in a conviction and that Federal law 18 U.S.C 921(33)(A) prohibits me from purchasing a firearm. It also stated that I falsified the BATFE form by answering "no" to question 11i. This is a crime punishable as a felony.
>> First, please let me state that, I have never inflicted bodily harm on ANYONE in my adult life. I was in a roomate situation and the roomate was romantically interested in me. She is a daughter of a retired LEO. I explained that I was not interested in her in that way. Around this time, she got into a fight with one of her speed-addict buddies, and I decided I couldn't deal with her and her friends' lifestyle. The very night that I got moved out, I got a visit from the law enforcement at my new residence to arrest me for domestic violence. She claimed I hit her. I knew I hadn't. We weren't romantically attached, but she said we were, and I was charged with domestic violence. It was a shitty deal all the way around, and I took a plea. I just wanted to get the hell out of there. I didn't have any money or friends, I was completely alone, and decided to leave Montana for good.
Until I got this letter, I had completely put the incident out of my mind. I've moved on with my life and hadn't thought about the darkest days of my life until now. I have been a Colorado resident for 16 years. My girlfriend and I have lived together happily for 14 years. We have owned a home together for 7 years. I have worked in my field for fifteen years and have had the same employer for almost 7 years. Not trying to beat a dead horse, but I've worked very, very, hard. And I feel like I'm being treated like a dirtbag.
I really don't want to have to explain this to any of my friends or loved ones, but I have been denied a right that others take for granted, and I want to straighten this out. I'd like to put this matter to bed, so I can feel "whole" again. I do plan to explain all of this to my son the next time we talk, but I'd also like to fix this.

Thanks in Advance,
S64
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#2
(01-07-2012, 10:20 PM)super64 Wrote: I'd also like to fix this.
If memory serves, the only way to "fix" it is to get a full pardon. About the only way to get that is to contact the old non-girlfriend and get her to put it in writing that it was a false charge. Since she's past the statue of limitations for filing false charges, it's something she may, if she's reasonable, be willing to do.

But first step is to contact a lawyer.

O2
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#3
Frankly, not even sure if it fixable.... But I'd definitely lawyer up...
"The more you know - the less you need."
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#4
(01-08-2012, 03:53 AM)Dr_Fwd Wrote: Frankly, not even sure if it fixable.... But I'd definitely lawyer up...

this
There never was a bad man that had ability for good service.

-Edmund Burke 1788-02-15

Those who want to live, let them fight, and those who do not want to fight in this world of eternal struggle do not deserve to live.
Life never forgives weaknesses.
-Adolf Hitler
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#5
Unfortunately this isn't going to go away easily. Talk about a rotten deal. Sorry you're going through this and to parrot, consult a lawyer. Also please keep us posted on anything else you may find out. Best of luck to you.
Where can you carry? Check the editable COGO Carry Map
When in doubt. JFC.

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#6
I'm shocked to find out who cannot possess a firearm. Taking your story as true, it is super unfortunate and that's an understatement. I'm sure at the time it would never have crossed your mind that that one event would have anything at all to do with your freedom in the future.

I know a fellow who got a restraining order against him during a divorce. It was not based on anything awful...just a matter of routine more or less, like everyone going thru a divorce gets a restraining order. Well...that was about 18 years ago and this fellow STILL cannot possess a firearm.

I'd like to say here....I know people who have a CCW who should NOT have one, and a couple of folks who can't get one who would be totally safe having one. The law is cold....it really doesn't consider anything but paperwork. (for example....I got a speeding ticket the other day. (My first traffic ticket ever...going 45 in a 30mph) They reduced my 4 points to 2 points and now I'm not charged with speeding but for having an unsafe vehicle. Just try to explain to me what is just or sensical about all that? It's enough to make your eyes cross.

Although I can't help you, I sure do sympathize. This is a sort of old thread, but if you can come back and tell us the end of the story that'd be nice. I hope it's a happy ending.
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#7
Hey all,

I recently went to purchase a rifle that I had ordered in at an area sporting good shop. I filled out the background check the same as I always have and after a few hours (there were lots of checking being ran that day) I got a call from them saying I had been denied and that they had a paper for me to send it to see why I had been denied.
So of course I have done that and am now awaiting their response in the the mail. I have looked through all of the CBI's info and I meet none of the criteria for being denied so i'm sure this is a paper work error that i'm going to have to get corrected. I also just recently started a new job at which they ran a full background check (thought the same agency) and everything was fine. Also I had purchased a firearm back in July 08 and several more earlier in the year with no issues at all. So whatever is messed up has happened recently (within the last 2 months).
My question for you all is how many of you have wrongfully been denied and how long did it take to get it all straightened out? I had to buy the rifle because it was special ordered so now it setting at the shop waiting for me to either get this all fixed or tell them to sell it so i can get my money back....
Sorry this is so long Im just really frustrated at the whole process and worry about how long its going to take me to get this corrected. I checked my credit and even ran a CBI report on my self to see if they have a record of anything and the report didn't even know who I was, so I don't think I have to worry about Identity Theft at least. Any ideas and thoughts would be greatly appreciated.

Thanks All
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#8
(07-12-2017, 05:01 AM)divorceattorneys Wrote: Hey all,

I recently went to purchase a rifle that I had ordered in at an area sporting good shop. I filled out the background check the same as I always have and after a few hours (there were lots of checking being ran that day) I got a call from them saying I had been denied and that they had a paper for me to send it to see why I had been denied.
So of course I have done that and am now awaiting their response in the the mail. I have looked through all of the CBI's info and I meet none of the criteria for being denied so i'm sure this is a paper work error that i'm going to have to get corrected. I also just recently started a new job at which they ran a full background check (thought the same agency) and everything was fine. Also I had purchased a firearm back in July 08 and several more earlier in the year with no issues at all. So whatever is messed up has happened recently (within the last 2 months).
My question for you all is how many of you have wrongfully been denied and how long did it take to get it all straightened out? I had to buy the rifle because it was special ordered so now it setting at the shop waiting for me to either get this all fixed or tell them to sell it so i can get my money back....
Sorry this is so long Im just really frustrated at the whole process and worry about how long its going to take me to get this corrected. I checked my credit and even ran a CBI report on my self to see if they have a record of anything and the report didn't even know who I was, so I don't think I have to worry about Identity Theft at least. Any ideas and thoughts would be greatly appreciated.

Thanks All

It's possible that you somehow match some criteria (name, etc.) to an actual prohibited person. The first thing is to figure out the reason of the denial - sounds like they are sending that to you shortly. After that, you can address accordingly, often needing to get a 2A-friendly and experienced attorney.
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#9
A. In Colorado, the Colorado Bureau of Investigation (CBI) is the state point of contact for the Brady law background check required by Federal law. They do a check with NICS and with State records. They charge a tax for this “service”, which is currently $10, but can be adjusted by CBI up or down as they see fit. The dealer typically passes this tax is on to the purchaser.

Under Federal law the following persons may not purchase a firearm from a licensed dealer, and in most cases are also prohibited from possessing a firearm or ammunition; a person who (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) has been convicted in any court of a misdemeanor crime of domestic violence.

Under Colorado law the following persons, who may not be prohibited from possessing a firearm under State or Federal law, will nonetheless fail the background check and be prohibited from purchasing firearms from a dealer:

C.R.S. section 24-22.5-424. The bureau shall deny a transfer of a firearm to a prospective transferee if the transfer would violate 18 U.S.C. sec. 922 (g) or (n) or result in the violation of any provision of state law, including but not limited to section 18-12-108 (4) ©, C.R.S., involving acts which, if committed by an adult, would constitute a burglary, arson, or any felony involving the use of force or the use of a deadly weapon.
(b) (I) In addition to the grounds for denial specified in paragraph (a) of this subsection (3), the bureau shall deny a transfer of a firearm if, at any time the bureau transmits the request or searches other databases, information indicates that the prospective transferee:
(A) Has been arrested for or charged with a crime for which the prospective transferee, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm and either there has been no final disposition of the case or the final disposition is not noted in the other databases; or
(B) Is the subject of an indictment, an information, or a felony complaint alleging that the prospective transferee has committed a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. sec. 921 (a) (20), as amended, and either there has been no final disposition of the case or the final disposition is not noted in the other databases.

In the event you fail a background check due to the problem with incomplete records noted in paragraph (b) it is incumbent upon the person who wishes to buy the gun to contact the agency that CBI has as the source of the incomplete record, and obtain proof that the firearms disability suggested by the incomplete record does not exist. For example, if CBI says a court in Arizona reports that the buyer was under indictment for a felony, but do not note how the case turned out, the buyer must contact the court in Arizona and obtain proof the case was dismissed, or was plea bargained down to a misdemeanor, or whatever the outcome of the case was. Of course if the outcome was the buyer was convicted of a felony, just as he was initially charged, there is not much point in the exercise, as the purchase would still be denied.

If you are denied a purchase by the CBI background check the dealer should give you a form which you can use to request the reasons for the denial from CBI. CBI will not tell the dealer the basis for the denial. Once you have the reasons for the denial from CBI you can figure out how to solve the problem. Sometimes it is mistaken identity, but most often, it will be the incomplete records, which would not be a basis for a denial under Federal law, but are the basis for a denial under Colorado law. If you need help with this kind of issue feel free to drop us a note at
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