Expert: Robert P. Firriolo - 11/17/2010

Question
I plead guilty to a Misdemeanor on Public Loodness for Urinating in public, I went to purchase a firearm and was told I couldn't purchase one but, I spoke with the NYS Dept of Justice and they say I can, FBI says this is a state statued that I can't, but I can own them, why is this possible

Answer
A misdemeanor like public lewdness under the NYS Penal Law should not make one a prohibited person under federal or state law. Two things you can do are obtain a complete copy of your criminal records from the state Division of Criminal Justice Services, and then contact FBI NICS. It is possible there is an error in your records so it is important to review just what NYS records say about your past arrests and their dispositions. It is also possible that your record contains arrests with no dispositions (that is, no explanation of whether you were convicted or acquitted), which could also cause denials from FBI on a NICS check.

If your record is indeed clear and you tried to purchase a firearm through a dealer and were denied, you can contact FBI and appeal the determination. Be sure to get the NICS Transaction Number (NTN) from the dealer. According to FBI:

Individuals who are denied the purchase of a firearm may request that the NICS or the state which processed their transaction provide the reasons for the denial. The regulations address the process for filing an appeal. Appellants must include the NTN assigned to their transaction. Appeals may be submitted via facsimile at 1-888-550-6427; by e-mail at nicsappeals@leo.gov; or by mail to the FBI, Criminal Justice Information Services Division, NICS Section, Appeal Services Team, Post Office Box 4278, Clarksburg, West Virginia 26302-9922.