NICS denied and getting rights restored under 609.165

[Scott Notaeh]

I have gotten a few requests for additional information on how I had my firearms rights restored and what the process was like. I don’t tell this story to anyone as it is humiliating and shameful to me. I am doing it here because it could help people who are in a similar situation. I am leaving out many details to try to keep this short and to the point while focusing on the rights restoration process. I also do not have the paperwork in front of me and some things are a bit fuzzy. Feel free to ask questions.

Around 18 years ago when I was around 18 years old, I had a friend who was trouble and we broke into a small shop in the middle of the night and took some comics and baseball cards. I did it. It was wrong and I knew it. I deeply regret doing it. Note that we had zero weapons and made certain nobody was around. We were later caught, cooperated completely, and took a plea deal for 3rd degree burglary. I completed my sentence and was discharged from probation after around 2 years. My discharge paperwork had two points on it per the plea deal: my charge was deemed a misdemeanor and I was prohibited from firearms for 10 years. At the time, I didn’t care about this one bit since I had never had a firearm and didn’t intend to own one.

As the media always says, I turned my life around. I decided to purchase a rifle in August of 2010, well after the 10 years had run out. I picked one out at Wal-Mart and my NICS came back denied. It was a very embarrassing situation. Later, when I got home I read some internet accounts of visits from the local LEO or FBI following a denial and that it was a felony for a prohibited person to try to purchase a firearm.

I sent a letter to the FBI requesting the reason for my denial and I got a letter back from them stating a bunch of vague reasons for the denial including stating that I may have a current warrant out for my arrest. This had me a bit worried but I opened an appeal with the FBI thinking it would all be corrected once they see my discharge allowing firearms after 10 years so I sent in the NICS appeal with fingerprint card and a certified copy of my discharge.

I also did some internet searches and found information here and on other sites that stated the MN law was changed in 2003 to say that if you were convicted of a “crime of violence” that you were permanently barred from possessing firearms. The law was applied both for future convictions and retroactively to all past convictions. Sure enough, many crimes including 3rd degree burglary are classified as “crimes of violence.”

I sent an e-mail to Professor Joseph Olson and he confirmed I was barred and but told me that I was a very good candidate for a rights restoration under 609.165, subd. 1d. He recommended that I talk to William Josten.

I contacted Bill by e-mail on 8/21/2010. After finding an opening in my schedule, we met on September 16th. He traveled to meet me and spent a couple hours discussing my situation and how rights restoration would work. He described (in general terms) some other cases where he had success in restoring firearm rights as well. I decided that I wanted to go ahead. We agreed on a fixed fee for the work and this turned out well since I never had to worry if I was being charged by the minute every time I contacted him or had him do something. I also knew that our interests were aligned in that we both wanted to make the process quick and successful.

We decided to file the case in the same county as where the conviction was since it was not too far away but I think we could have filed in my local county. I believe that the firearm friendliness of the county is taken into consideration for this. Bill traveled there and pulled all of my old court documents. He also had me pull together diplomas, resumes, work history, and other information showing I was a good guy. He then put together the paperwork that described the circumstances of my conviction and what has happened since. He also had to put in a big section to educate the judge on the relevant firearms laws, how they have changed over time, and what we were asking for since most judges are not aware of these particular laws. He mentioned to me that the judges tend to want to approve these types of petitions since they don’t generally like when lawmakers make retroactive laws that change past judgments. He also fully cautioned me that you never know what kind of county attorney or judge you will end up getting and that things could go poorly.

The paperwork was finished up in October and Bill and I met again to review it and get it notarized. It was an impressive package that must have taken some time and he even filled out the order for the judge so he would only need to sign it. Next we got scheduled on the court calendar for early December and the petition was submitted to the judge and county attorney. After giving the county attorney time to take a look at the submission, Bill contacted him to answer any questions and to find out if he planned to contest the petition. Thankfully, they decided not to fight it.

A few weeks before the hearing, Bill sent the judge a letter stating that the county attorney was not fighting our petition and requesting that the judge just sign the order in our favor and skip the hearing. The judge took his time and just when we figured that we would have to appear, he agreed to sign the order to restore my firearm rights. This was at the end of November for those interested in the timeline.

I still had not heard from the FBI on the NICS appeal so I was a bit nervous about trying to purchase a firearm until the appeal was over. I sent a certified copy of the court order restoring my ability to possess firearms to the FBI. They sent me a letter back stating that the appeal was denied and I was not eligible to purchase at the time the transaction was initiated. They also stated that they verified that I am now no longer prohibited due to the court order.

It was now the beginning of February and I stopped into Fleet Farm and settled on a rifle in 22LR. NICS check (after a very long wait where I had crazy visions of a SWAT team descending on me) came back delayed. My heart sank. Fleet Farm called a few days later and told me I was approved. I picked up the rifle without further issue.

I have applied for a voluntary appeal file with the FBI to hopefully eliminate the NICS delay in the future. I should have done this from the beginning with my appeal but I did not.

I am very glad that I took the time, effort, and money to go through this process. I am sorry I didn’t value my right until I found out it was gone forever. I will not let it happen again.

Scott

[hammAR]

Congratulations, it is reassuring to find out that sometimes justice does indeed work the way that it was intended..................

[gyrfalcon]

... I am leaving out many details to try to keep this short and to the point while focusing on the rights restoration process....I am very glad that I took the time, effort, and money to go through this process. I am sorry I didn’t value my right until I found out it was gone forever. I will not let it happen again.

Thanks for sharing! I think you failed on the short part, but otherwise it was very informative. Many folks in your position would have just acquired a firearm illegally. That's a lot of hassle to go through for comic books n' baseball cards.

[lenny7]

Thanks for sharing! Very interesting.

[PhilaBOR]

Thanks for a very informative case study. Congratulations.

[bstrawse]

Thank you for sharing this story - I'm sure it wasn't an easy thing to sit down and write about....
b

[meddin]

Well written. Thank you!

[TH3180]

That was an intersting read. Sounds like you went thru a lot, but it all worked out. Thank you for sharing your story.

[jweiss]

Glad it all worked out for you thanks for sharing. And remember everyones done something stupid in their life,some just got caught.

[downtownjeff]

I am in the same boat Scott was in. Although my crime was different, aiding & abetting a 2nd degree assault, I thought I could waltz in with my 10 year decree and a clean record and get my permit to purchase.

One thing I would love to see would be a form or a guideline on what needs to written to ask a judge for this relief. In talking to two different attorneys, they both have said they have to write the order since there is no official paperwork.

[The Lance]

Thanks for sharing it was a good read and sure helpful to anyone who is stuck in a situation like that.

I however get delayed all the time with the NICS checks. Its annoying but it probably has to do something with me not being born in this country, despite the fact I was grandfathered in to become a naturalized citizen when my parents obtained their citizenship.

I carry a passport and cant vote. But I get delayed when I buy guns. Not the worse in the world I guess

[SSBotanyBay]

Thank you! It is good to hear that things work out well for the good guy every once in a while.