Firearm Purchase Legal Recourse

Summary

You may have grounds for a civil lawsuit for false arrest or wrongful imprisonment if you were arrested without proper justification. Section 1983 allows for lawsuits regarding civil rights violations by state authorities. For defamation, you must prove a false statement was made, published to a third party, and caused harm. Consider consulting a civil rights attorney familiar with Section 1983 cases. Filing a motion to dismiss may be possible if there was no probable cause for arrest. Gather documentation proving you are not a felon and evidence of false information communicated to third parties, such as the Virginia State Police.

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Virginia
Hi ****! How can I assist you with your legal issue today? Could you please provide some details about your situation?
I went to a gun dealer located at a pawn shop. Filled out the application to purchase a firearm. Selected no when it asked if i am a felon, because im not, and the man runs the background check and tells me its taking longer than expected to come back, and he’ll give me a call when he hears something. Few hours later I get a call from a state police stating that *- I had an active warrant for missing traffic court (which I did, unintentionally) and *- I’m a convicted felon, which I’m not. The officer asked me to meet him the following day to turn myself in and I did. When I went to turn myself in I discovered the officer had another warrant for falsifying information on a firearms form (selecting no when it asks if I had a felony) and I was booked into jail and had to post bond to be released after a few hours. I reached out to the Virginia State Police who conducted the background check and have submitted proof that I am not a felon. What is the legal recourse civilly and on what grounds would I be able to file a lawsuit
You may have grounds for a civil lawsuit for false arrest or wrongful imprisonment. Here are some points to consider:
- False Arrest/Wrongful Imprisonment: If you were arrested without proper justification, you may have a claim.
- ****efamation: If you suffered reputational harm due to being wrongfully labeled a felon.
Have you consulted with a local attorney about this situation?
What about violation of my civil rights under section *
Section * allows you to file a lawsuit for the violation of your civil rights by someone acting under state authority. Here are some points to consider:
- False Arrest/Wrongful Imprisonment: If your arrest was without proper justification.
- Violation of ****ue Process: Incorrect information leading to your arrest.
- ****efamation: Harm to your reputation from being wrongfully labeled a felon.
Have you considered consulting a civil rights attorney familiar with Section * cases?
I have reached out to a few attorneys and have consultations scheduled
It sounds like you have a potentially strong case, especially under Section * for civil rights violations. Make sure to bring all relevant documentation, including proof that you are not a felon, to your consultations with the attorneys. It’s good that you have consultations scheduled; they can provide more specific advice based on the details of your case. Good luck!
Can I file a motion to dismiss case
Yes, you can file a motion to dismiss the case. Here are some points to consider:
- Lack of Probable Cause: If there was no valid reason for the arrest.
- Incorrect Information: If the basis for the arrest (claiming you’re a felon) was incorrect.
- Violation of Rights: Under Section *, if your rights were violated.
Have you discussed this option with the attorneys you have consultations scheduled with? They can provide more specific guidance on filing the motion.
What would I have to prove for a successful defamation case
For a successful defamation case in Virginia, you would generally need to prove:
- False Statement: A false statement was made about you.
- Publication: The statement was communicated to a third party.
- Fault: The person making the statement acted negligently or with actual malice.
- ****amages: You suffered harm as a result of the statement.
Have you discussed these points with your attorneys?
Would a third party in this case be the county courts?
In a defamation case, the "third party" generally refers to any person or entity other than you and the person making the defamatory statement who received the false information. The county courts wouldn't typically be considered a third party in this context, unless they were the ones who received or propagated the false information.
Have you gathered all the documentation showing the false statement and its communication to third parties?
Who would be considered the third party in this situation
In this situation, the third party would be any person or entity other than you and the person making the defamatory statement who received the false information. This could include the Virginia State Police or any other individuals or agencies informed about the alleged felony status. Have you gathered evidence of who received the false information?