Skip to comments.When can I buy a gun? Anyway to check? (vanity question)
Posted on 10/06/2010 9:49:47 AM PDT by Domandred
About a year and a half ago I was charged with DV (bogus). I couldn't afford to go to trial but at least managed to get it reduced to convicted of simple battery (still bogus).
Through the court systems I've now had that charge and conviction dismissed, and all my rights restored. I have the court documentation to show this.
Question is how soon can I buy new guns?
Follow up question: Is there anyway I can go through the ATF paperwork to find out if I can buy a gun without doing it at the store and having the embarrassment of them saying "sorry you're denied"? For example do the paperwork online or something for the check but not really buying a gun yet.
I think there are laws in place for domestic violence. As far as I know, a felon or someone who has a psychiatric hold cannot buy a firearm.
Let’s ask the FR shooting community by adding the keyword “banglist”
Private seller may be your only option.
never - welcome to the ussa comrade
true. let’s ask the experts.
Unfair as it may sound I wouldn’t be looking for a gun after a DV charge whether its valid or not. If trouble rears its head again a judge will smack you down much harder than he would otherwise.
Black powder revolver? Makes a lot of noise and a big hole.
Not a felony, and the convicted charge was simple battery, not DV. I didn’t lose any rights of owning or even carrying a gun ,though the prosecution sure tried.
I just couldn’t buy any new ones.
I just couldnt buy any new ones.
You had a court order that said you could retain your current firearms, but could not purchase a new firearm?
That is stupid on so many levels...
Start by asking a Idaho licensed attorney. Want to know the cheap way? Go the local bar that they do on Friday nights and ask. It’ll cost you a couple of drinks.
Have you ever has an Injunction for Protection against Domestic Violence filed against you? If there is one in place(non-expiring), its a Federal crime to possess a gun. Otherwise, if the charge was dismissed, you should be good to go!
Then you should be ok. jusst go to a small gunshop like mentioned before explain to them the situation and have them run a check. you should be ok.
If it’s not a felony conviction, no problems.
Buy them now and buy them in bulk. We’re gonna need ‘em.
2 years ago I found a garage sale with 3 guns available...
Dismissed=disposed. As long as it wasn’t a felony conviction.
Also any kind of restraining order will make it illegal for you to own a gun.
If you want to carry concealed with a permit, ensure you have the DV arrest is expunged from your record. Same for open carry.
Carrying openly or concealed without having the arrest expunged will open you up to arrest for the DV charge on your record even if you have the court order in your hand for dismissal.
The DV gun law is wide open to abuse, by spouse, police, courts.
Check your state laws also.
If your guns were seized during the arrest, the court ordered dismissal paperwork is all you need to go to the police station to get them back (but still not carry). That court order would have required the court to run what’s called a ‘gun line’ on you again, which is just checking for other charges on your arrest record at the time of dismissal before ordering your guns returned.
Simple battery should be a misdemeanor, not a felony. Most if not all states do not forbid carrying even if you have misdemeanors. Only felonies. Check your court paperwork for whether the final charge was a misdemeanor or felony. It just has to be a misdemeanor.
An individual can get fingerprints done locally and submit them directly with FBI and get a report sent to them (for $18.00). See the following website.
FBI record check -- official site
Injunction is a restraing order.
“ensure you have the DV arrest is expunged from your record. Same for open carry.”
Can’t expunge convictions in most states.
Sorry, I see you’ve had even that simple battery dismissed.
I’m thinking now that that should be recorded in your arrest record as the adjudication of the original charge.
I would still get the arrest expunged if you can afford it. Otherwise, the police or NICS may get it wrong when checking your record.
There was the state issued protective order, but only lasted for a month till it was revoked. My wife didn't want a protective order at all and petitioned the court weekly till it was removed. During that time I didn't possess any firearms, I had put them into offsite safe storage.
But like I said that was revoked only a month later which was over a year ago.
Conviction was changed to simple battery, then dismissed. Should be clear.
Have you asked the police, or a lawyer? How about applying for a CC permit? Check with the ATF online or your stae attorney. Or just take someone’s word for it on an anonymous web forum, and go from there.
” But like I said that was revoked only a month later which was over a year ago.”
From everything you have shared, you are good to go. I misdemeanor battery conviction won’t negate your 2nd Amendment rights.
I would love too, but in Idaho you can't unless it occurred as a minor.
Idaho courts records have pretty much everything. Including charges that were dismissed before any kind of conviction or even going to trial.
Some can be sealed, but again only if minors involved (juvenile crimes, adoptions, etc)
Im thinking now that that should be recorded in your arrest record as the adjudication of the original charge.
Yes it says:
Original: I18-918 Domestic Battery
Amended: I18-903 Battery
Finding: Dismissed By Court
get a lawyer. You don’t want to put a dealer in jeopardy for selling to someone that is ineligible for even the most obscure of reasons.
Around here (MD), I think they have to go through a process that includes a judicial review, psych review and local LE approval. I think that if you get convicted or even just charged for any DV related crime, you MUST surrender your firearms and good luck getting them back when she recants.
The law is not on your side, good luck.
Buy some scuba gear. I understand there have been a rash of boating accidents by gun owners in the past few years.
Read the documentation carefully. A state court can't restore federal rights. You may be in the unfortunate condition of having your right to possess a firearm permanently stripped.
18 USC 922(g)(9) ... has been convicted in any court of a misdemeanor crime of domestic violence.
I can't tell from your description if you were ever convicted of a DV misdemeanor, and you note having "that ... conviction dismissed."
I recall reading a case where a fellow was convicted of the FELONY of possession, even though he thought the state restoration of rights paperwork was a full restoration of rights. It was a full restoration of Minnesota state rights, which the feds have no care, concern, or respect for.
See my July 15, 2010, 7:20 am remark (#185) at volokh.com, in a thread carrying the title "Seventh Circuit Upholds Ban on Gun Possession by People With Past Convictions for 'Misdemeanor Crime[s] of Domestic Violence'"
18 USC 922 lists the prohibitions. If your purchase or possession limitation was on account of an order (not a conviction), and the order either expired or has been lifted, then as far as I know, the law imposes no firearms possession infirmity.
Isn't that an "I de ho" flag?
What are your laws, which will be different than PA or CA.
Yea the prosecution tried that. They were ONLY interested in the fact that I owned guns through the whole process and not interested at all in anything else about the case.
In the initial hearing the prosecutor insisted that I turn all my guns into the police department.
The judge himself told the prosecutor no and that he wouldn't allow it unless there was a danger which he acquiesced that there was not, and to me he asked if there was anywhere besides my house I could store them at until the case was resolved one way or another.
I told him yes, no problem there, I'd pawn them before letting the police get their hands on them, even just for "storage". Judge said that was good enough for him.
I have scuba gear :). Found lots of fishing gear, no guns though :( heh.
I think it depends on the state. In MA if you are convicted of an offense that has a possible jail sentence of two years, you lose the right. That includes stuff like DUI.
Ask the court....
I’m not sure but I think you’re asked if you’ve ever been convicted of...or pleaded guilty to...a certain crime or type/class of crime.For you,the answer would still be “yes” even though it’s been expunged.If,by chance,I’m correct you might have a problem.
Yea that’s a tough call.
The words “guilty” and “convicted” have been removed completely from the court record on the dismissal. Used to be there till last month. So yes I have, but those portions were struck from the record.
The court was even nice enough to back date the dismissal to last August (2009) instead of last month when the dismissal went through.
So no idea how it’s going to show on a background check.
Not so. As it stands at the moment ONLY a state court can put you right with the feds. If your rights are restored completely by the state with the original conviction (and it must be completely, including the right to vote, serve on a jury, and so on, and it must specifically mention restoration of gun rights) the feds will honor it. The catch, aside from what I mentioned already is that the restoration must be unconditional. For example, if the state restores your rights to own a rifle but not a handgun, the feds won't recognize the restoration at all, even with respect to the rifle the state says is OK.
Well the answer to the question was now.
I got my two guns back that were on pawn to pay bills (still out of work). The application was delayed but cleared in less than an hour. I also got my concealed carry permit back.
In CERTAIN states, only a handful, the way the Disorderly Conduct Charge reads, it will not be considered a MCDV. Georgia and California are two. Most other states, the word 'Fighting' or 'Brawling' apppears, making it a MCDV. Many people plea to a Disorderly Conduct, thinking that will preserve their firearms rights, only to find out that they now have a lifetime prohibition.
Incorrect. The prohibition against purchasing through NICS also makes you a federally Prohibited Person. Ownership is also verboten.
I take back my last two messages. With a Dismissal or Set-Aside, all firearms rights are restored.