Pardoned by Trump, Two Men Still Get Denied at the Gun Counter
A presidential pardon does not automatically return your gun rights. Pastor Russell Fincher and Patrick “Tate” Adamiak both received pardons from President Donald Trump on Sept. 3, 2026. Weeks later, both men filled out ATF Form 4473 at licensed dealers and got kicked back by the federal background check. Adamiak wanted an Auto-Ordnance semi-automatic Thompson engraved with images of the president. Fincher ordered a Smith & Wesson Victory handgun through a local FFL. Neither sale closed. ATF Director Robert Cekada says the denials came from the FBI, not his agency. The pardons have not cleared either man’s record in the systems that matter at the counter.
Key Details
The facts are narrow, and they matter. Here is what is on the record:
- Pardon date: Both men were pardoned on Sept. 3, 2026.
- Federal check: Each man completed a Form 4473 and was denied through the FBI’s National Instant Criminal Background Check System (NICS).
- Firearms at issue: Adamiak sought an Auto-Ordnance semi-automatic Thompson. Fincher ordered a Smith & Wesson Victory handgun from an FFL.
- State check: Adamiak says Pennsylvania’s instant check, run by the state police, also rejected him. He believes the state and federal databases have not reconciled his pardon.
- Appeal timeline: Adamiak mailed a paper appeal to the state. He says Pennsylvania does not accept digital submissions and can take up to 30 days to decide.
- Agency position: Cekada said Friday that ATF does not block buyers. He said anyone denied on a background check is denied by the FBI.
- FBI response: The FBI did not respond to emailed questions by publication time.
- Fincher’s reaction: He told his dealer to sell the Victory to someone else. He said his remaining option is to buy from a private individual.
Adamiak put the core problem in plain terms. He says both men are cleared to own firearms, yet the records do not show it. Neither man has regained full Second Amendment rights in practice.
Background
Federal law bars people convicted of a felony or other specified offenses from possessing firearms. A dealer cannot transfer a gun to a buyer the NICS system flags as prohibited. The dealer completes the Form 4473, the buyer’s information goes to the FBI, and the Bureau returns a proceed, delay, or denial. ATF licenses dealers and enforces the paperwork, but it does not make the NICS call. Cekada’s explanation is accurate on that narrow point.
A pardon removes or forgives the conviction. It does not automatically rewrite every federal record or every state record, and it does not always restore firearm rights. Whether a pardon restores those rights depends on the document’s wording and the offense. The more reliable federal path is relief from firearm disabilities under 18 U.S.C. § 925(c), which requires a separate application. Pennsylvania runs its own instant check for handgun sales, so a federal clearance alone does not end the process for a Pennsylvania buyer. A pardoned man can still meet a state denial at the counter.
The result is a gap. Records may lag behind the paperwork. Each agency has its own clock, and an individual can sit in limbo for weeks or months.
Why It Matters for Gun Owners
This case reaches far beyond two men. Any gun owner with a past conviction should assume a pardon is not a purchase ticket. Before you buy, get the pardon document in writing and read its language. Confirm whether it expressly restores firearm rights. If it does not, start the § 925(c) process or ask a qualified attorney what your state requires. Keep copies of every filing, including proof of mailing.
Pennsylvania buyers face a second layer. The state police run their own check, and an appeal can take up to 30 days by Adamiak’s account. Call the state early. Ask whether the state accepts electronic submissions, and send everything by certified mail if it does not.
Fincher’s private-sale idea deserves a warning. Under federal law, a person prohibited from possessing firearms cannot receive one, and a private seller who knowingly transfers a gun to a prohibited person commits a crime. Until your status is clear on paper, a private sale is not a workaround. It is a felony risk for you and for the seller.
DownRange Analysis
The Second Amendment question is not complicated. A man pardoned by the president for an offense should have his right to bear arms restored unless the government can show a historical analogue for keeping it from him. Under New York State Rifle & Pistol Association v. Bruen, the government must justify firearm restrictions by reference to historical tradition. A records lag that outlasts a pardon is hard to square with that standard. Bureaucratic delay is not a historical tradition. It is a process failure.
The market impact is small but real. Dealers will refuse sales they cannot clear, and manufacturers will keep building the Thompson and the Victory whether or not one buyer gets through. The people who pay are the buyers stuck in the middle.
What should a gun owner do right now? Check your record before you walk into a shop. If you carry a conviction, pull the pardon paperwork, confirm its scope, and file any required relief request. Keep records. Push your state legislators for electronic submission and deadlines on appeals. Do not buy from a private seller until a lawyer confirms your status in writing.
