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libertylover
08-19-2011, 5:41 PM
Hey guys, I'm hoping you can help me out on this one.

I have a friend who got denied a firearms transfer a while back. He had an active PPO (that he thought didn't prohibit him from purchasing firearms because it was issued to him without a hearing) and an involuntary commitment for psychiatric evaluation (long story, childhood depression) on his record from years ago.

Anyway, the PPO has been expired for about 6 months now and his response from the FBI indicated only the PPO as the reason for the denial, no mention of the involuntary commitment. He has since gotten the involuntary commitment expunged from his record anyway.

So, is he in the clear for a transfer or does he still need to go through the NICS appeals process? He says he'd rather not submit fingerprints if he doesn't have to.

Thanks.

LL

Some Guy
08-19-2011, 5:52 PM
If he was already denied I believe he can ask the CADOJ why. If I'm wrong someone will be along to correct me shortly.


ETA: The avoiding fingerprint thing makes me wonder if there's more going on here than you know about.

Anchors
08-19-2011, 5:59 PM
Have him call CA DOJ and ask them to clear up his PPO since it is no longer valid.
If that is the FBI's only issue, then that is fine.


ETA: The avoiding fingerprint thing makes me wonder if there's more going on here than you know about.

Yeah that kind of stuck out to me as well.
Then again, I don't like to go through the trouble to submit them if I don't have to either.
If he was a criminal, he would get one either way.

libertylover
08-19-2011, 7:14 PM
This would be in Michigan. I don't think he has any criminal offenses and, quite frankly, I don't blame him for not wanting to submit fingerprints if he doesn't have to. For me its the whole innocent until proven guilty thing. Local PD charge a fee for fingerprints as well.

But he should be ok if he wanted to try another NICS background check / transfer, right? Worst case scenario, he just gets denied again and just submits an appeal. Just trying to save time, money and energy.

LL

Anchors
08-19-2011, 8:14 PM
This would be in Michigan. I don't think he has any criminal offenses and, quite frankly, I don't blame him for not wanting to submit fingerprints if he doesn't have to. For me its the whole innocent until proven guilty thing. Local PD charge a fee for fingerprints as well.

But he should be ok if he wanted to try another NICS background check / transfer, right? Worst case scenario, he just gets denied again and just submits an appeal. Just trying to save time, money and energy.

LL

So this isn't in California at all?
Tell him to call these numbers at Michigan's AG office. Start with the Criminal Division.
Civil Rights Division

Cadillac Place, 10th Floor
3030 W. Grand Blvd., Suite 10-650
Detroit, MI 48202
(313) 456-0200
Driver License Section (313) 456-0060
Facsimile (313) 456-0061
Duties/Representing:

Michigan Civil Rights Commission
Department of Civil Rights
Department of State
Drive license restoration matters in Wayne, Oakland, Macomb and Washtenaw Counties

Criminal Division

Lansing Office:
G. Mennen Williams Building, 3rd Floor
525 W. Ottawa St.
P.O. Box 30758
Lansing, MI 48909
(517) 241-6565
Facsimile (517) 241-6568

Detroit Office:
Cadillac Place, 10th Floor
3030 W. Grand Blvd., Suite 10-350
Detroit, MI 48202
(313) 456-0180
Facsimile (313) 456-0181

Duties/Representing:

Child pornography
Cold case prosecutions
Complaints against prosecuting attorneys
Criminal investigations/prosecutions
Criminal securities/fraud
Department of Environmental Quality
Criminal Prosecutions
Department of Human Services
Office of Inspector General-welfare fraud prosecutions
Department of State Police
Gaming Section
Prosecution of casino-related crimes
Department of Treasury
Civil Forfeiture actions under Tobacco Products Tax Act
Criminal tax enforcement
Jeopardy tax assessments
Domestic violence - Northern Michigan
Internet predators
Michigan Commission on Law Enforcement Standards (MCOLES)
MIOSHA criminal prosecutions
Prosecuting Attorneys Association of Michigan Board
Prosecuting Attorneys Coordinating Council Board
Public corruption
RICO investigations & prosecutions
Workers' compensation fraud

Or have him contact the court that issued the PPO.

libertylover
08-19-2011, 8:20 PM
I think I may have been unclear initially. He got denied a transfer back when the PPO was still active. He hasn't tried again since then and it expired 6 months ago. So, because of that, I'm thinking that he should be in the clear now. But, it wouldn't hurt to check with the PD or courts to make sure the PPO is not still active or anything.

LL

Anchors
08-19-2011, 8:23 PM
I think I may have been unclear initially. He got denied a transfer back when the PPO was still active. He hasn't tried again since then and it expired 6 months ago. So, because of that, I'm thinking that he should be in the clear now. But, it wouldn't hurt to check with the PD or courts to make sure the PPO is not still active or anything.

LL

Ah. Yes, I would just try to buy again.
Call the FBI and tell them what is up and I'm sure they'll tell you the same thing.

In California, you could fill out the "eligibility check" form. But it is the same price as a PPT and more expensive than a DROS, so probably cheaper and faster to just "try and buy".

I doubt there is an equivalent in Michigan, so tell him to just try to buy one from a dealer.

Hope it works out.

libertylover
08-20-2011, 4:03 PM
Good news, the transfer went through! He's in jubilee! :clap::mnl::gunsmilie::patriot::party:

LL