Weapons, Guns, Firearms The National Instant Criminal Background Check System (NICS) problem

Hi, I'm 32 years old now and was arrested almost 14 years ago for stealing a pack of Pez candy from a department store (a value of $1.25).

I pled guilty and paid a small fine. Now however, if I try to purchase a new firearm the NICS check shoots me down. I think it is because that crime that I committed could have technically been punishable for up to or over 1 year in jail. I've had no other criminal charges or convictions.

I cleared this up with my local sheriff's department and was issued a permit to carry a concealed pistol/firearm. But, I cannot purchase new firearms with this conviction on my record. Luckily, I already had a couple of handguns that I inherited, but eventually I would like to purchase a newer one.

Is there anything that I can do to clear this up? Should I hire a lawyer? If so, what kind of lawyer should I approach?

Thanks for any advice that could be given.

UT

Not so fast my friend.

Do you have (or have you had) a history of mental health issues?

Have you ever been convicted of or arrested for domestic violence?

Have you ever belonged to a group that plots the destruction of the US?

What were you charged with doing?

In what state did this crime occur?

Do you have a history of ANY sexual offenses?

Lastly, have you been arrested for or accused of any crimes involving drug abuse?

This link could be useful, OP.

http://www.fbi.gov/about-us/cjis/ni...rocess/nics-appeal-frequently-asked-questions

Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth). The federally prohibiting criteria are as follows:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
A person who, being an alien, is illegally or unlawfully in the United States.
A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
A person dishonorably discharged from the United States Armed Forces.
A person who has renounced his/her United States citizenship.
The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

army judge said:

Not so fast my friend.

Do you have (or have you had) a history of mental health issues?

Have you ever been convicted of or arrested for domestic violence?

Have you ever belonged to a group that plots the destruction of the US?

What were you charged with doing?

In what state did this crime occur?

Do you have a history of ANY sexual offenses?

Lastly, have you been arrested for or accused of any crimes involving drug abuse?

Click to expand...

That's a negative on ALL other criminal charges and/or convictions of any sort other than a single speeding ticket.

I stole a pack of candy. It was a joke (poor decision) that went bad. It happened in AL as the thread section indicates. In AL the Sheriff of each county may issue a CCW permit to any person eligible by law. I was declined the first time that I applied, but I met with the Sheriff to discuss my issue and he cleared me for a permit due to the fact that the item of theft was of less than $5 in value.

I'm looking for advice on how to pursue such a waiver on the NICS check.

I've heard of convicted felons having their carry rights restored in certain cases, surely the same can be done for a hardened candy bandit.

army judge said:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

Click to expand...

I think this is the problem here. I have NOT checked the maximum potential sentence, but it could have been up to a year, or more.

Thanks for the tips swlswl

The conviction was a misdemeanor... I know that much. I'll just contact the FBI and go from there.