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.

Gun ownership legallity ???

redneckandyredneckandy Member Posts: 9,714 ✭✭✭✭
edited September 2011 in General Discussion
A friend of mine a few years got in a fight at a bar. Long story short she got an assault conviction. Along with that she also got a DWI in the parking lot of the bar. Simple assault and both misdemeanour's as far as I know.
Legally, is she able to buy a firearm?
· Share on FacebookShare on Twitter

Comments

  • yoshmysteryoshmyster Member Posts: 21,974 ✭✭✭✭
    edited November -1
    Did she use a bottle or just claws? If the other person presses charges it'll get stiffer but I reckon she could lawyer up and play it down. Either case it'll cost her. Then again if she's in it for a DWI the what's a few more thousand?
    · Share on FacebookShare on Twitter
  • redneckandyredneckandy Member Posts: 9,714 ✭✭✭✭
    edited November -1
    No weapons. As I said it happened a few years ago. Just got in a fight and got convicted of assault. I doubt the DWI will affect her being able to own a firearm but I am not sure about the assault conviction.
    BTW she quit drinking and has stayed out of trouble. The girl she attacked had stole from her previously, and my friend just got drunk and out of hand.
    · Share on FacebookShare on Twitter
  • LesWVaLesWVa Member Posts: 10,490 ✭✭
    edited November -1
    quote:is she able to buy a firearm

    She may need to check with an FFL holder on that one. Man here that had a misdemeanor BE charge when he was 19 got turn down a while back from buying a gun. He is now around 35 and that is the only thing that he had ever been charged with.
    · Share on FacebookShare on Twitter
  • dcinffxvadcinffxva Member Posts: 2,830 ✭✭
    edited November -1
    quote:Originally posted by redneckandy
    A friend of mine a few years got in a fight at a bar. Long story short she got an assault conviction. Along with that she also got a DWI in the parking lot of the bar. Simple assault and both misdemeanour's as far as I know.
    Legally, is she able to buy a firearm?


    If only misdemeanors, and not any of domestic assault, then the answer should be yes, unless there is something she hasn't mentioned, and your state isn't one of the weird ones.
    · Share on FacebookShare on Twitter
  • andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    If the girl she popped was a relative or roommate, that COULD be called a domestic. But, if just an acquaintance, and there are no other convictions she hasn't disclosed she should be ok, especially if the DUI is over 5 years old.
    · Share on FacebookShare on Twitter
  • redneckandyredneckandy Member Posts: 9,714 ✭✭✭✭
    edited November -1
    She is 24. What happened was, when she was 21, before I knew her she was at a bar with some friends, and she saw another girl who she believed was responsible for stealing some of her stuff. They got in a fight and my friend "won". She got in her truck to leave as the cops came. She got busted for Assault and a DWI. No weapons involved and she never left the parking lot. Just a cat fight and a stupid drunk mistake. Simple assault and DWI. Not a roommate or relative. As far as I know this is all she has on her record. She now wants to buy a firearm, but wants to be sure everything is 100% legal. This happened in Missouri and I am checking everything I can for her. I just don't know all of the regulations.
    · Share on FacebookShare on Twitter
  • andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    All she can do is try. If the NICS comes back with a PROCEED, then you are safe that the feds don't mind. As far as state law and local ordinances, she will have to ask the appropriate authority. Try the DA's office.
    · Share on FacebookShare on Twitter
  • nmyersnmyers Member Posts: 16,891 ✭✭✭✭
    edited November -1
    A lot of folks don't really know what they were convicted of, what with the stress & excitement surrounding a court appearance; she needs to request a copy of her complete record from the police.

    The key is, was she convicted of a crime punishable by 1 year or more in prison? In most states, THAT is the definition of a felony. Federal law states that any conviction of a crime punishable by 1 year or more disqualifies you from firearms ownership.

    Some state governors will consider issuing a pardon for state crimes. If you are convicted of a federal crime, you are out of luck; every president since Slick Willie has ordered ATFE NOT to process pardon requests (unless your name was Marc Rich).

    Neal
    · Share on FacebookShare on Twitter
  • NavybatNavybat Member Posts: 6,849 ✭✭✭
    edited November -1
    I don't know the answer, but am waiting to hear the result. I hope she's cleared.
    · Share on FacebookShare on Twitter
  • n/an/a Member Posts: 168,427 ✭
    edited November -1
    Depends on the State.. Here in Florida a DUI nor a misdemeanor will disqualify you, If you have more than one DUI 0r Drug conviction in a certain amount of time you will get rejected, A Domestic assault , charge, arrest, conviction will get you rejected.
    · Share on FacebookShare on Twitter
  • Don McManusDon McManus Member Posts: 23,681 ✭✭✭✭
    edited November -1
    Misdemeanors should not be a problem. Have her go to an FFL you do business with and see if he will run a check on her.
    Freedom and a submissive populace cannot co-exist.

    Brad Steele
    · Share on FacebookShare on Twitter
Sign In or Register to comment.