Houston, TX asked in Criminal Law and Civil Rights for Texas

Q: I'm hoping someone can be of a little help. I recently applied to purchase a firearm and the NICS check came back denied

I contacted the appeals department of the NICS for the reason for denial and received this response:

Title 18, United States Code (U.S.C.), Sections 921(a)(20) and 922(g)(1): “A person who has

been convicted in any court of a crime punishable by imprisonment for a term exceeding one

year or any state offense classified by the state as a misdemeanor and is punishable by a term of

imprisonment of more than two years.”

This language is a bit confusing to me. Isn't a misdemeanor a crime also? I'm not understanding the difference between the two. All crimes aren't misdemeanors but aren't all misdemeanors crimes? Or does it have something to do with whether the the conviction is on federal or state charges? I'd greatly appreciate if anyone had some insight into this.

I'm thinking I may have been denied because I was originally charged with a felony but I did plead to a misdemeanor. Perhaps it's still showing as the original charge?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The background check relies on data supplied by Texas DPS so run a fingerprint criminal history report on yourself to determine how it is being reported. The cost is $25.

Start here: https://www.identogo.com/locations/texas

1 user found this answer helpful

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