Trump Pardons Didn't Clear Two Men for Gun Purchases
The FBI denied firearm purchases by two men who received full presidential pardons from President Donald J. Trump: Pastor Russell Fincher and Patrick “Tate” Adamiak. Both men completed ATF Form 4473 at the counter and both got denied. The pardons carry a signing date of Sept. 3, 2026, nearly two months before the Second Amendment Foundation reported the denials on Oct. 23. Adamiak tried to buy an Auto-Ordnance semi-automatic Thompson with engraved images of Trump on it. Fincher wanted a Smith & Wesson Victory handgun. Neither pardon restored their gun rights in practice, and the dealer system stopped both sales cold.
Key Details
The facts in the reporting line up tightly, and each one matters for anyone who has ever filled out a 4473.
- Pardon signing date: Sept. 3, 2026, signed by President Trump.
- Adamiak’s attempted purchase: An Auto-Ordnance semi-automatic Thompson with engraved Trump imagery.
- Fincher’s attempted purchase: A Smith & Wesson Victory handgun.
- Who denied them: The FBI, through the National Instant Criminal Background Check System process.
- ATF’s position: ATF Director Robert Cekada said the agency “has nothing to do with” the denials and does not block buyers. He said the 4473 goes to the FBI.
- Pennsylvania denial: Adamiak also received a denial from the Pennsylvania State Police instant check system.
- State appeal timeline: Adamiak mailed a paper appeal to the state. Pennsylvania does not accept digital submissions, and it has up to 30 days to rule.
- Fincher’s response: He said he would have to buy a firearm from a private individual instead.
- Press access: The FBI accepts media questions only by email. Reporters sent questions Friday morning. The agency had not called or responded at the time of publication.
Background
Federal law under 18 U.S.C. § 922(g)(1) bars anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition. A presidential pardon does not automatically erase that prohibition unless the pardon itself says so. The statute also allows a separate path: 18 U.S.C. § 925(c) lets the Attorney General grant relief from firearm disabilities. Congress has blocked funding for that relief program for decades, which left most people with a federal disability and no working way to clear it. That funding fight is the reason the pardon-versus-relief question keeps resurfacing. The dealer’s check runs through the FBI for most transactions, but some states act as their own point of contact. Pennsylvania is one of them, which explains why Adamiak faced a second, separate state denial. The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen requires the government to justify gun laws by reference to historical tradition. Since then, the Third Circuit, which covers Pennsylvania, has ruled in Range v. Attorney General that the federal felon ban can be unconstitutional as applied to a nonviolent offender. That ruling turned on one man’s food stamp fraud conviction, not on a pardon.
Why It Matters for Gun Owners
This story hits anyone with a past felony, a pardon, an expungement, or a state restoration order. A pardon feels like a clean slate, and most people assume it works like one. It does not, at least not at the federal counter. If you have a record, the paperwork in your file controls the outcome, not the certificate on your wall. Check whether your pardon or restoration explicitly restores firearm rights under federal and state law. Get a written copy of the relevant order and carry it when you buy. Expect the FBI to deny first and ask questions later. The Pennsylvania detail matters for anyone in a point-of-contact state. A state denial can run on a different clock and through a different appeal process. Paper appeals take time, and a 30-day window is a long wait when you need to buy a firearm for self-defense. Watch for whether the FBI or the Pennsylvania State Police clarify their handling of pardoned applicants. Any written guidance from either agency will set the practical rule for thousands of buyers.
DownRange Analysis
A pardon restores civil rights in the eyes of most people, and the Second Amendment does not carve out a special exception for people who earned clemency. The problem is that the federal disability statute was written to strip rights automatically, and the executive branch has never built a fast, public mechanism to reverse that. Under Bruen, the government must show that disarming a pardoned man matches a historical tradition. That is a hard case to make when the executive itself has forgiven the offense. Expect litigation to follow, and expect courts to ask why a pardon from the head of the executive branch carries less weight than a Third Circuit as-applied ruling. Fincher’s reaction, buying from a private seller, is exactly what the law’s gap produces. If you are in this position, document everything, file your appeals in writing, and talk to a lawyer who handles federal firearm relief before you assume the counter will say yes.
