2nd Amendment and Right to Bear Arms/NICS check denied for suspended driver's license (NJ)
Expert: n/a - 1/7/2009
QuestionGood afternoon.
I passed all my paperwork this afternoon to my local FFL (I reside in NJ). To my dismay, my NICS check was denied due to my driver's license being suspended (I was convicted of DWI in March of 2007, in NJ it is a traffic violation and not a crime / misdemeanor / felony). Is this a valid reason for denial? I'm am having difficulty understanding how people w/ suspended licenses (or no license at all for that matter) can pass the NICS check / purchase firearms / apply for an FID card. If it makes any difference, my license will be restored in March 2009. When my license is restored, should I be expecting to fail a NICS check again? Thanks in advance.
AnswerI never heard of anyone getting denied because of a suspended license. It could be because of the DWI conviction. Some states put a 5 year hold on anyone convicted of a DWI/DUI. This decision as made by the NJ State Police not the Federal Gov't. You must appeal the decision if it's not a felony conviction. Then ATF will make the final decision on your firearm purchase and the state will have to comply.
Good Luck