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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 05-05-2009, 3:29 PM
docroh docroh is offline
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Default Statute of limitations?

I'm coming out of lurk mode to post a question as it relates to a good friend.

I am military from Colorado. My family is back in the Denver area and one of them recently attempted to buy a Remington 870. He was denied on the background check and subsequently requested the reason for this denial. He received a report that he was on record as having been in possesion of a "gun and club" during a traffic stop in 1971. He indeed had a handgun and cut off broom handle in the back of his van that was discovered after being pulled over for an illegal u-turn.

Seeing that this occurred 38 years ago, resulted in no charges and the following day the gun and club was returned by the police.....what recourse does a model US Citizen have. Seriously, this guy is the salt of the earth and just wants a shotgun for home defense and is being denied his second ammendment rights.

Any thoughts or advice would be greatly appreciated.

Docroh
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  #2  
Old 05-05-2009, 3:42 PM
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Legasat Legasat is offline
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That sounds bogus to me.

I would contact an attorney.
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Old 05-05-2009, 3:43 PM
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who denied him, the state of Colorado, or NICS? I think he'll need to contact the declining agency and find out the appeals process.

It may be just a matter of getting a disposition on the arrest from the police dept showing that the matter was dropped, and then forwarding that on in the appeals process.
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Old 05-05-2009, 3:48 PM
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The arrest was in colorado and the disposition was "unknown". I'll try to get more information about the case. I'm sure he is going to appeal it.
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Old 05-05-2009, 3:53 PM
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Ok, my guess is that there is an appeals process he can use, and go from there.
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Old 05-05-2009, 4:08 PM
glockman19 glockman19 is offline
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I think it's called Expungement.
He should be able to make it disapear.
I'm sure others more knowledgeable will know.
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Old 05-05-2009, 4:30 PM
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Quote:
Originally Posted by glockman19 View Post
I think it's called Expungement.
He should be able to make it disapear.
I'm sure others more knowledgeable will know.
Expungements are for convictions, not arrests that resulted in no prosecution.

Sounds like a clerical error and should be straightforward to clean up.
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Old 05-06-2009, 6:24 AM
docroh docroh is offline
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Thanks guys. He is submitting an explanation, it that is not enough to make it go away he'll start going down the attorney route. I appreciate you input.

BTW, expungement is after a conviction. I had to do that with an item years ago. I was a dumb 18 year old once.....now I have SECRET clearence in the military
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Old 05-06-2009, 6:41 AM
cousinkix1953 cousinkix1953 is offline
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All it takes is for some klutz to put the wrong birth date or middle initial into a computer. The feds dragged my brother out of a Virginia gun show over this kind of mistake. They thought that he was somebody else. It took four years to even fix this mistake...
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Old 05-06-2009, 6:58 AM
eflatminor eflatminor is offline
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Wink

I'm pretty sure it's "statue" of limitations...
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Old 05-06-2009, 7:05 AM
eaglemike eaglemike is offline
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Quote:
Originally Posted by eflatminor View Post
I'm pretty sure it's "statue" of limitations...
ummmm, no it's not. Thread title is correct, unless you're trying to be funny?
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Old 05-06-2009, 7:16 AM
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Quote:
Originally Posted by eflatminor View Post
I'm pretty sure it's "statue" of LIBERTY...
There, I fixed it for you!
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Old 05-06-2009, 8:41 AM
eflatminor eflatminor is offline
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TRYING to be funny...it's from an old Seinfeld espisode.

I'll keep my day job!
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