I am pursuing my 2nd Amendment possible privilege under Federal law in Ohio. I have found a Pawn shop that sells rifles and shotguns, and uses the Federal Instant Check, as per Ohio law – it is the only thing required. As far as I know, Federal law has less stringent requirements and only requires the Instant Check on purchases of Long Guns and filling out the form, nothing else required.
I have a conviction of Possession of a Weapon without a License, 2C:39-5, from New Jersey. The Weapon was a BB Gun (think Daisy Red Rider, for an illustration of a BB Gun – it wasn’t a Daisy, but it was not a Firearm) and is only a charge under NJ Law. NJ Law made it a ‘3rd degree crime’ under the scale of 1st, 2nd, 3rd, and 4th degree crimes, 4th being the least and 1st being You go to prison for 25 to Life.
I have had posts from a gentleman who had a Class ‘D’ Felony in a State and was -granted- the permission in NY State to own a Long Gun. I feel I am in the same situation as this gentlemen: Yes to Record, but No as to it being Disqualifying, as per the legal purchase.
Does the Brady system (funny because it is the Federal Check) allow me to present this as evidence if a Deny or Delay response is given by the Instant Check? Would I be given a Delay response, if the computer senses this discrepancy? Will I be able to do this same process if it does say Deny? (State is Ohio, even less requirements than NY State, so…)
Please shed some light on this, I am becoming hopeful! Thank You. – Joseph
Be sure to read the comments, you will find more information about federal firearms license