Question on what happens after 3 days, if no word from FBI

[brogers]

Hi all,

I am brand new to AZ. Lived in MA the past 20 years and couldn't even look at a gun without people judging you. Fortunately I spent the first 20 years of my life in PA where I grew up around guns, and now that I'm in AZ, I'm very excited to get back into it.

So I went to buy a gun and was put on the delay. I've researched the heck out of it and there is one thing I can't find an answer to - what happens if the dealer gives you the gun after 3 days (my dealer is willing) but then the FBI decides to deny and initiate a retrieval. My assumption is you don't get your money back and the FBI essentially steals your gun. But I'm unsure - do you get a tax credit or anything?

My hangup is I don't have anything directly in my record to prevent me from getting a gun, but I have a rather complicated history - I had a restraining order against my now ex-wife, committeded her multiple times for suicide attempts, and I even filed a police report against her as she threatened to file a false domestic violence charge against me - she never actually went through with it but I took the pre-emptive action. On top of that there is an arrest, but no conviction.

So I get why I was delayed. My concern though is the FBI might just up and deny due to association w/ ex or the arrest or some erroneous error on their part (read enough horror stories to know that happens). I can get the gun tomorrow morning. I'm hesitant too without the all clear though as I don't want to be out $1000 because the FBI was incompetent.

So anyone on here know more about what happens in that instance? If the FBI says I can't own can I just sell it then and provide proof I no longer own? Or and I baiscally screwed.

[Mayhem]

You really should consult an attorney. There are firearms attorneys that deal specifically with issues just like this one.

[John]

In relation to the domestic violence thing, you have to be CONVICTED for it to affect your firearm rights. As long as you don't have a conviction or currently under indictment then you're good in that department.

To answer your question about what happens after those 3 days, it can vary a little bit. The first thing that happens is that the FBI sends a denial to the FFL. Many FFLs will contact you and let you know. Many will "buy back" the gun from you, but you won't get all of your money back usually since it is a used gun at that point (even if you didn't shoot it, it is still pre-owned and loses value). This is completely 100% up to do the dealer if they will do this. They are under no obligation to do so. They can just throw up their hands and say "Sorry FBI, it isn't my problem. You deal with it.". If things get to the point where the government has to come get the gun from you, you'll be found and will have to answer some fairly serious questions. I can't say exactly how it would go because each case is different. I would venture to guess that someone who was obviously prohibited (like someone with a long violent criminal history for example) would probably be found and arrested immediately. For a person that has a "complicated" history and it might be questionable if they are prohibited or not, my guess is that they would come talk to you, do further research into your history, and then make their decisions on how to proceed from there. If the government has to come collect the gun because you're prohibited, then you're just simply screwed on the money side of things. They will not pay you for the gun, give you a tax credit, or anything like that. You just lose out on the money. If their investigation showed that you were not prohibited, they would return the gun to you.

Typically if you're prohibited then you know it for sure. I'll run over the major points that will prohibit you. I'm not an attorney so don't consider this any type of "official" advice, but it will give you a general idea.

Are you under indictment in any court for any crime that a judge can imprison you for a year or more?

This includes any Felony charge or any misdemeanor that has a possible sentence of over a year.

Have you ever been convicted of any crime that a judge could have sentenced you to a year or more in prison?

This includes any felony charge or any misdemeanor that has a possible sentence of over a year.

Are you a fugitive from justice?

This is pretty obvious. Are you wanted? Do you have a warrant for your arrest?

Are you the unlawful user or addicted to any controlled substance?

In other words, do you do drugs?

Have you ever been adjudicated mentally defective?

Have you been involuntarily committed to psychiatric care or claimed "insanity" in any court cases?

Have you been dishonorably discharged by any branch of the Armed Forces?

Marines, Army, Air Force, etc

Are you subject to a current restraining order for harassing, stalking, or threatening your child, intimate partner, or child of such partner?

This does not apply to 3rd parites (such as a friendship gone bad) unless the order specifies no firearms. Intimate partners and children though are an automatic no-go.

Have you ever been convicted of a domestic violence charge?

This applies to any court, in any jurisdiction, for any type of domestic violence charge.

Have you ever renounced your US citizenship?

Are you an illegal alien?

[azgunlaw]

If a prohibited possessor is found possessing a gun, that is a felony. In fact, its a class 4 felony here is AZ and will likely result in prison time. It does not matter if a dealer sold it to you and got the "proceed" or if there was a "delay" and sufficient time passed without a denial, if you are prohibited possessor and you are found with a firearm, you broke the law. Period. That said, if you are not a prohibited possessor under federal or state law, there is no problem retrieving a gun. Having a restraining order against someone else certainly does not make you a prohibited possessor.

[LizaDoupT]

Thanks for the replys guys. Phoned the fet today to check application been received, it has said they will call me soon,sit back and see what happens now