logo
Find a Lawyer:        
 
Search By Practice
   
 
Search By Name

Site Features

Legal Planning & Services

Resources

Join Us

About BuffaloLawyers.com

Announcements

December 12, 2017

BuffaloLawyers.com is a multi-faceted web portal dedicated to the practice of law and law enforcement in Western New York. It is the intent of the site to inform you about what is happening in the law today featuring some of the areas finest lawyers, law firms and law enforcement officials.

Due to events of September 11, 2001, Governor George Pataki has issued an Executive Order suspending the Statute of Limitations on certain civil and criminal actions until further notice for periods of limitations that end in the period beginning the date that the disaster emergency was declared on September 11, 2001.

You can access the Executive Order directly by clicking on the link below:
Governor George Pataki Executive Order




WHAT IS A BACKGROUND CHECK?

Several agencies conduct background checks including the FBI. The National Instant Criminal Background Check System (NICS) provides detailed information about checks for those attempting to purchase firearms.

In November 1993, the Brady Handgun Violence Prevention Act (Brady Act) of 1994 was signed into law, requiring Federal Firearms Licensees (FFLs) to request background checks on individuals attempting to purchase a firearm. The permanent provisions of the Brady Act, which went into effect on November 30, 1998, required the Attorney General to establish the National Instant Criminal Background Check System (NICS). Any FFL may contact NICS for information to be supplied immediately as to whether the receipt of a firearm by a prospective transferee would violate federal or state law.

In states that agree to conduct Brady background checks, once the Bureau of Alcohol, Tobacco and Firearms? (ATF) form 4473 is completed, the FFL contacts the state point of contact (POC) for a NICS check. A state POC is a state agency that agrees to conduct Brady background checks, including NICS checks, on prospective gun purchasers. In states that have agreed to serve as POCs, FFLs contact the state POC for a Brady background check rather than contacting the FBI. Currently, 16 states serve as full POCs for NICS (checks on handguns and long guns) and 10 states serve as partial POCs for NICS (states perform checks for handgun purchases and FBI processes checks for long gun purchases).

A state POC will access the state?s independant criminal history database as well as NICS. The NICS provides access to millions of criminal history records from all 50 states and the District of Columbia. The NICS searches its own database, the NICS Index, as well as the National Crime Information Center 2000 (NCIC 2000) and the FBI Interstate Identification Index (III) for possible matching subject information under the disqualifiers set forth by the Brady Act.

Prohibited Categories Include:

1. Convicted felons and persons under indictment for a felony;


2. Fugitives from justice;


3. Unlawful drug users or drug addicts;


4. Individuals who have been involuntarily committed to a mental institution or determined to be mentally incompetent;


5. Illegal aliens and legal aliens admitted under a non-immigrant visa;


6. Individuals who have been dishonorably discharged from the military;


7. Persons who have renounced their citizenship;


8. Persons subject to certain domestic violence restraining orders; and


9. Persons convicted of misdemeanor crimes of domestic violence.

In states that have not agreed to serve as state POCs, once the ATF Form 4473 is completed, the FFL contacts the NICS at the FBI, via a toll free telephone number, to request a background check. NICS is available for background checks 17 hours a day, seven days a week, including holidays (except Thanksgiving and Christmas). The call is received at one of two call centers located in Moundsville, West Virginia, and Uniontown, Pennsylvania.





  
  

 

 

Real Estate

Although you can sell a home on your own, it is wise to consult with a real estate attorney as it can get rather complex especially if there are contingencies involved. As the seller, you are normally responsible for paying the broker?s commission.

All potential homebuyers are afraid of purchasing a money pit. A house may look good from an aesthetic standpoint, but what if it develops problems after you've put money down, signed the papers and moved in? A house that seems in perfe...

Wills, Trusts & Estates

What is a Will?

Wills have been with us since the first days of recorded history. Archaeologists have found hieroglyphics in Egyptian tombs leaving property to others. The Bible told of the story that Jacob left Joseph a larger inheritance than his brothers received, and of the trouble that ensued as a result.

In our now modern times, wills are somewhat different and certainly more complex. What you put in yours depends on what property and assets you have at the time of your death...

 

©2001-2017 LegalNet Direct, Inc. All Rights Reserved.
All information provided on this site is solely intended to relay general
information related to legal services commonly encountered and is not intended
as legal advice. Your access to and use of this site is subject to additional
Terms and Conditions

MVP Network Consulting