Feeling Disrespected

[TurboSonicLT]

For all of those who do care... this is only a venting post for myself to see if I am out of place here.

Some of you may know that I am a 10 year active duty Navy veteran that has been Honorably Discharged. Although I was discharged honorably I was not allowed to re-enlist under the Navy "Perform To Serve" (PTS) program which is B.S. (Also, ERB is major BS), Google is your friend.

After finding out that me (28 years old), being married with a set of 2 year old twins no longer has a job with the US Navy, I seperated from the Navy, got a good paying job ($42,000 annual) with benefits and what not....

Now for the bad, I am not a perfect person.... I have had my time of being single and partying it up all night long.... That being said I have had 2 DUI's in my time. One in 2004 and another in 2006. I am very lucky there were no accidents or such.

Fast forward to today... my time is done with the court and DMV/RMV. Fines all paid up.

Now... here's where it gets interesting. Living in New Hampshire "Live Free or Die", I read that buying a firearm is simple. So I proceed to find a nice used Glock 27 for home protection. Paid the money and had a NICS (National Instant Crime Search) performed on my background like every other joe out there.

Got the results today, came back denied. I can never legally own a gun.

Now I am outraged! 10 years of my life serving this country with a side arm for about 80% of it, being a 80% disabled veteran and I can't own a gun? What the F is the country coming to? For god sake I have a Governement Secret Clearance for the past 4 years.... and need it for my current job? Wouldn't you think that would have been enough?

Appartently having a DUI on your record is as bad as assult and battery (which I could understand for a NICS check). Some stated won't even let you purchase a firearm if you having parking tickets?

What exactly have I spent the last 10 years of my life fighting for? I hope that I am not too far out of place here but I feel disrespected and disgusted that a Honorably Discharged Veteran can't pass a NICS check becuase of a DUI..... that is not logical IMO.....

 

[Stubby]

It is a sad thing that you are denied to own a pistol under the new laws. And I am not down-beating you here, for I am as well Active Duty Navy.
The laws are set up the way they are because DUI's like many crimes are commonly a multiple offense issue. Depending on the situation, a DUI can be a misdemeanor or a felony.
I am not sure what your cases were, but in the US anyone who has been convicted of a felony can not legally own a gun. In fact, if a convicted felon is in possession of a firearm, it usually means instant arrest, and very short court period and jail time.
If you were convicted of a 1st degree misdemeanor, that could also put the brakes on a background check, for what ever the conviction. That goes for minor assault, or domestic abuse charges as well.
I am not defending the decision, just trying to share information on the decision making factors. You may, however, be able to get with a lawyer, and possibly appeal the decision, provided you have grounds to. I do hope all turns out okay.

 

[TurboSonicLT]

I hear you Stubby... I just get a lot of mixed information about what counts and what doesn't. Its a hard situation, I had a DUI in Hawaii with a MA license in 2004. Hawaii had me pay a fine and loss of license for 45 days. 2 years later I get a letter from the State of Massachusetts stating that my license will be suspended for a year and need reinstating. MA takes an out of state DUI and makes it into like the charge was in Mass to start.... it's weird.

Second was in MA with my MA license in 2006... I still don't understand how I can work on $4 billon submarines and surface vessels but can't own a fire arm. I guess I should be looking into an appeal... Not even sure if it's worth the time.... I don't think either of my DUI's went past a misdormenor (sp?)... never saw jail time... only fines and 6 months probation (out of state)...

 

[Johnny Alien]

I will preface this with the fact that I have no issues with anyone owning guns or current gun laws.

If you are just interested in a gun for protection then this is really no big deal. Guns for home protection are actually not that great. Get a security system or a dog. Both would serve better if your home got broken into. Because you have small children you would need to lock them up making access to them in a surprise situation difficult to impossible. It is common for people that have used guns in their jobs to want to keep them at home for protection. They get used to having that on them and feel vulnerable without it. but the truth is that TONS of people walk around fine without them all the time.

I feel bad you got turned down and agree that sucks.

 

[SSpeckerwood]

Were the DUI charges considered a felony?

 

[TurboSonicLT]

Were the DUI charges considered a felony?

SpeckerWood: No, I would never have been able to get a secret clearance if it was a felony...

Johnny Allen: I hear what your saying.... I was just exercising my rights as a US citizen since I put 10 years of my life on the line for this country... didn't get too far though

 

[gdideric]

A side arm in the Navy? In case you get boarded by swashbuckling privateers?

 

[laborsmith]

I am unable to understand how you are equating your years of military service to mitigate your driving convictions. In Michigan for a while a second dui conviction in seven years was a felony and now I believe it is ten years. I do not believe Michigan excludes out of state convictions. I know since 9/11 and all the interstate cooperation and communication that has since ensued, speeding ticket convictions in one state are part of your record in Michigan. I will leave it to your imagination to figure out how I know.

One can be convicted of a felony and not serve any jail time, particularly in dui cases. I suspect very few convictions result in time behind bars other than the hours one is held pending bail and/or waiting for someone to pick you up.

Laborsmith

 

[jim_de_hunter]

Hummmm..... I don't know. I got out of the Navy on an RE4 (Good Riddance) discharge and got busted while I was in for admitting I smoked pot during their zero tolerance policy. I have a CCW. I also know a lot of people with 2 DUI's who haven't figured out that they should stop drinking altogether and, in my opinion, put themselves and others in grave danger without, and more so, with a gun until they figure out that should stop drinking altogether.

Now, I don't know you from Adam and don't know your exact situation but I can go both ways on the issue.

 

[TurboSonicLT]

A side arm in the Navy? In case you get boarded by swashbuckling privateers?

Haha , No we used them in-port watchstanding top side and during VBSS boarding underway on deployments.

 

[TurboSonicLT]

Hummmm..... I don't know. I got out of the Navy on an RE4 (Good Riddance) discharge and got busted while I was in for admitting I smoked pot during their zero tolerance policy. I have a CCW. I also know a lot of people with 2 DUI's who haven't figured out that they should stop drinking altogether and, in my opinion, put themselves and others in grave danger without, and more so, with a gun until they figure out that should stop drinking altogether.

Now, I don't know you from Adam and don't know your exact situation but I can go both ways on the issue.

I haven't touched alcohol since that day in 2006... I also quit smoking in 2009... It's just rediculous to me:sadbanana:

 

[SSpeckerwood]

in utah, unless you have a felony, you can purchase a gun

 

[TurboSonicLT]

I hope this is something that can be resolved easily. I don't recall my arrests being a felony at all....

 

[laborsmith]

Did you have to stand before a judge of a court of record? If convicted, COULD the sentence have been two+ years? Either would indicate a felony.

Of course one could check the appropriate state statutes.

Laborsmith

 

[Eric Smit]

Just move to Texas. I'm pretty sure Charles Manson, after conviction, could have bought a firearm here. haha.

Well, thanks for your sacrifice, and I'm sorry you're getting the run around.


-Eric Smit

 

[With_teeth]

Dear turbo, I am a firm believer in owning firearms. While you may have been denied you may still have a route to own a firearm. Im not a lawyer and cannot act as one but I do sell firearms for a living.
You can appeal the deny through the Fbi you will need the NTN or State Transaction number which you should be able to get from the FFL ( place where you attempted to buy the gun )

Here is the website to refer to for appealing denys. Also though again im not a lawyer most states have legal face to face transfers if you are not knowingly selling to a felon


I wish you luck in your adventures
FBI — NICS Appeals Brochure - In English

 

[Lovehanayo]

Move to TX you'll get approved and can get an AR15 since there are no licenses or permits required to posses a semiautomatic firearm.

TX is the most lax state about firearms in my experience. My cousin in Massachusetts can't so much as own a pocket knife without breaking 18373636374 laws. :eyeroll:

 

[seanp1]

What about a Pump shotty? Would that also be denied?

 

[rdss]

Whether his DUI's were felony or not, if they placed him in that catagory he will not be able to buy any firearms. I agree with with_teeth about disputing it as soon as possible. If the FFL/shop didn't give you a reason I would be actively persuing the reason.

 

[J T]

I know since 9/11 and all the interstate cooperation and communication that has since ensued, speeding ticket convictions in one state are part of your record in Michigan.

I don't believe that is true for Michigan...and if it is, I guess I'm either lucky or Michigan really doesn't give a crap about how I've driven in other states.

I got a speeding ticket in Ohio in September of 2000 while driving a car with Michigan plates and with a Michigan license. I have never paid it, and with a little research, I discovered there is no statute of limitations on unpaid speeding tickets. Since then, I've been pulled over a few times in Michigan (and even issued speeding tickets) and nothing was ever mentioned to me. Also since then, I've renewed my license and plates several times (including two cars this past month), with no issue from the SOS.

Now, when I moved to Tulsa back in '96 for a job, upon attempting to get an Oklahoma license, they told me I couldn't until a ticket I was issued in California in '92 was resolved (I was a victim of a drunk driving accident, and while laying near-death in the hospital, I "failed to file a police report." At least that's what they said this supposed ticket was for).

It seems some states care, some don't.