Expert: n/a - 12/30/2008

Question
QUESTION: Recently I was denied a firearm transfer in the state of Ga. via NICS from a family member in Pa. The NICS reason was " 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". I was convicted on of 3rd degree misdemeanor drug offense back in 89 in the state of MD. I received 2 yrs probation and paid a fine, not a blemish since then. I have recently started the appeals process requested by NICS to which I must prove my identity. What I need is advice on how to handle this through? Am I able to possess firearms but not purchase or transfer? Is this based at the Federal or local level? What is the best course of action to have this corrected? Many thanks in advance for your time and advice.

ANSWER: This is a local decision,  If you are not a felon or have a misdemeanor domestic violence conviction you are cleared according to Federal firearm code.  As far as I understand a misdemeanor is 1 year or less in prison.  I get similiar questions in the State of Ga. they don't have a restoration of rights process and I don't understand why not.  Also you will most likely have to apply and receive a firearm permit before you can purchase a firearm without failing the NICS check. Also in order to transport and or carry a weapon because of your drug conviction most States will make it mandatory for you to have a permit first.  My advice is to get either a Ga. firearm permit or apply for a Florida non-resient permit because it has reciprocity in Ga. Go online to Florida Dept. of Agriculture and request an application be mailed to you.  You must take a gun saftey course in any state or have a Military DD-214.

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QUESTION: Thanks for you expedient follow up. The infraction in question was from the state of MD. I now live in Ga. To apply for a GFL wouldn't it be likely I would receive the same results as from the NICS as they pull information from their database as well? I have read that for the time being that a lifetime ban on a GFL is in place for what I incurred many years ago with this mistake. I will likely try your advice in trying to obtain a FL non resident license.

Answer
A FFL is a federal license they have much more strict rules for that. A CCW has nothing to do with a NICS check unless you apply for a Pa. license.  Try the Virginia non- resident CCW first. Go to Virginia State Police website and download an application, Get an FBI fingerprint done at your local pct or sheriff office.  It will take Va. about 1 month to get back to you FL. takes about 3 months.

Good Luck