Denied in Colorado. Does anyone have an opinion of how I can deal with this? I was young, dumb and drunk when a CU police officer came up behind me when I was pissing in the alley on the hill. It was right after a CU student was almost beaten to death so the cops were agitated. I refused to show ID and the officer starting poking me in the chest with his finger, I bent his finger backwards , the shit hit the fan and he went to cuff me, I spun, grabbed him and threw him to the ground, then double shit hit the fan, they pulled guns and it was over, except for the cheap shot he took to my knee with his baton after his backup came. whoops that was stupid and that is not the person I am today. I was released the next day but did not spend any time in jail after that. see denial below. Thanks!

State Transaction Number: D18311993 NICS Transaction Number: 100TV8ZDW Date Denied: 12/02/2018
February 13, 2018
In response to your “Appeal of Firearm Denial” please be advised that your attempted purchase was denied for the following reason(s):
Your state and/or federal criminal history record shows an arrest made by University Of Colorado Boulder Police Department in Boulder, CO on 05/16/1993 that resulted in a conviction for Assault in the Third Degree (victim was a peace officer). This crime is punishable by more than 2 years and 1 day of imprisonment.
According to federal law (18 U.S.C.A. § 922(d)(1)), the transfer of a firearm to a person who has been convicted of a crime punishable by imprisonment/probation for a term exceeding one year is prohibited, including State misdemeanors punishable by more than 2 years and 1 day of imprisonment. The offense which you were convicted of meets this criteria.
This information is being furnished to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Your appeal is denied.
Sincerely,
John Camper, Director
Colorado Bureau of Investigation

Well, we can take that to be an interesting introduction.

As for getting your 2nd Amendment rights reinstated, I believe you have to go through a legal process for that. It may take hiring a lawyer to help you through the process. But it is not impossible. Folks who have spent years behind bars have gotten their firearms rights reinstated. You apparently didn't spend much if any time in jail. But if there is a conviction on the record it has to be expunged or somehow modified to not flag every time you do a NICS background check. I'm sorry I don't have much else to offer.

Geez, I can Imagine it will cost? I just emailed a lawyer to see what it takes. Thanks for replying. I am having a hard time with this, I feel violated.

Let us know what happens. Maybe contact ACLU of Colorado? That is where I would start.

Isn't the position of the ACLU that the 2nd is not an individual right? I was a dues-paying member for years, but I'm not sure I'll renew since they now seem to believe that "some precedents are more equal than others" and Heller need not be respected.

Yeah, lawyer up. The only recourse is through the courts. It's going to cost you some cash for a stupid mistake when you were young. Much like DUI's cost people for a decade or more.

ACLU doesn't like the idea that a misdemeanor or felony curtails your rights after time served. It is worth a try.

If you do contact the ACLU make sure it's the state affiliate and not the national group. The national group stays away from 2nd amendment cases, but the state affiliates sometimes support them.

I will try the ACLU. Thanks for Ideas and opinions. DOES THIS MEAN I CAN NOT OWN A GUN?

Why is nobody stating the obvious?

xobboy has a violent conviction in his past. I don't know if it's a felony or a serious misdemeanor, but that's precisely what background checks are designed to find--a history of violence, and the OP has one, albeit a youthful screw-up. Fighting back with a cop is about as bad as it gets, short of shooting at one. Lucky not to serve time.

I realize it was a long time ago, and people change in 26 years, especially if they were young, in college, and have NO run-ins with the law in any way in that time, but unless there's a mechanism I'm not aware of short of expensive lawyers and legal fees discussed, I don't see any easy legal path to gun ownership.

Sorry. I'm not trying to be judgmental, merely facing the obvious facts. Consulting a lawyer initially doesn't invoke a fee, but they can give you an estimate of what it will cost, or if it's even feasible. I wish you luck.

The CO Bureau of Investigation has blocked your purchase of a firearm with NICS so until you resolve it with CO you can't purchase a firearm. Since it appears you're still in CO you need to resolve it there. ACLU could be a resource, also does a law school around you have a legal clinic where you can get free legal advice? Does your state have an expungement program to resolve old convictions? It's the law whether you agree with it.

xobboy wrote: Thu Feb 14, 2019 9:22 am DOES THIS MEAN I CAN NOT OWN A GUN?

Yes. You have a conviction that precludes you owning a gun. Unless, as others have noted, you can get it expunged, you cannot own one. The background check system is merely doing what it is supposed to do.

YankeeTarheel wrote: Thu Feb 14, 2019 9:38 am Why is nobody stating the obvious?

xobboy has a violent conviction in his past. I don't know if it's a felony or a serious misdemeanor, but that's precisely what background checks are designed to find--a history of violence, and the OP has one, albeit a youthful screw-up. F

I know, but I'm going to give him the benefit of the doubt. In any event, it's not up to us or to him to let him own firearms. It's up to the state. If they agree that he has changed and that his conviction can be expunged, then I'll take their word on it. There's no harm in actually going through the system and asking for the expungement.

shinzen wrote:

xobboy wrote: Thu Feb 14, 2019 9:22 am DOES THIS MEAN I CAN NOT OWN A GUN?

Yes. You have a conviction that precludes you owning a gun. Unless, as others have noted, you can get it expunged, you cannot own one. The background check system is merely doing what it is supposed to do.

By definition, according to GCA 1968, that firmly ensconced you in the prohibited person category.

Depending on the jurisdiction (MA for instance) that may be irreparable. I’m not a lawyer, but given those circumstances, you have an uphill battle.

Folks in CO might recommend a lawyer, but that’s about all we can do for you. Sorry about that.