In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

criminal mischief

tazzertazzer Member Posts: 16,837
edited May 2009 in General Discussion
if someone got charged with criminal mischief how would it efect them on getting firearms? and no I have not been charged but have a friend that was and has thouht that he had a felony for the past few years.
from what I have read its just a misdemeanor.

taz
· Share on FacebookShare on Twitter

Comments

  • mark christianmark christian Member Posts: 24,453 ✭✭✭✭
    edited November -1
    Charged? If you are charged with or under indictment for a felony or any crime for which a judge could imprison you for more than one year you will not be allowed to purchase a firearm until the matter is resolved. The key wording is any crime where a sentence of more than one year can be given. If criminal mischief cannot carry a sentence of more than one year in his jurisdiction then you friend is in the clear. If he does not know how long he could be sentenced then he had better find out before he tries to buy a gun!
    · Share on FacebookShare on Twitter
  • tazzertazzer Member Posts: 16,837
    edited November -1
    quote:Originally posted by mark christian
    Charged? If you are charged with or under indictment for a felony or any crime for which a judge could imprison you for more than one year you will not be allowed to purchase a firearm until the matter is resolved. The key wording is any crime where a sentence of more than one year can be given. If criminal mischief cannot carry a sentence of more than one year in his jurisdiction then you friend is in the clear. If he does not know how long he could be sentenced then he had better find out before he tries to buy a gun!


    Mark this was something that happen about 15years ago, he showed me the papers and he was only put on 1year prob. and fined like 800.00 or so
    · Share on FacebookShare on Twitter
  • mark christianmark christian Member Posts: 24,453 ✭✭✭✭
    edited November -1
    He needs to find out if the judge could have sentenced him to more than one year. Just because he was given one year probation does not mean that the judge could not have given a harsher sentence.
    · Share on FacebookShare on Twitter
  • tazzertazzer Member Posts: 16,837
    edited November -1
    quote:Originally posted by mark christian
    He needs to find out if the judge could have sentenced him to more than one year. Just because he was given one year probation does not mean that the judge could not have given a harsher sentence.

    Mark
    how would he go about doing that Im helping him out hes in his 70's
    · Share on FacebookShare on Twitter
  • mark christianmark christian Member Posts: 24,453 ✭✭✭✭
    edited November -1
    The only way to be 100% sure is to contact the court where he was sentenced and he will need his case number. Laws change and something that is a misdemeanor today might well have been a felony 15 years ago and since his sentence was based on what the law said then it could be a problem if he has a felony on his record and attempts to buy a firearm. If he does not have his case number or some other sort of documentation to provide the court then it will be a major struggle to have someone hand search through thousands of cases to find out specific information about his own case.
    · Share on FacebookShare on Twitter
  • tazzertazzer Member Posts: 16,837
    edited November -1
    would it not show up on his back ground check if they ran it at a gun store
    · Share on FacebookShare on Twitter
Sign In or Register to comment.