Can I buy a gun?

ccasey612

In October I was in a pretty bad Car accident where no one was hurt but me and no property was damaged but mine. I was coming from a party where I had a few drinks. I was never arrested for this or even received a ticket and the accident is not even on my drivers record. Should I have a criminal record because of this?

He Dog

You answered your own qustion. It is not recorded thus you have no record.

Gordian Blade

You would definitely know it if you had a legal record of DWI or DWAI. However, there may be something else to consider depending on the state you live in and what you mean by "gun". On the application for a New York State pistol permit (and many other states), there is a question about whether you have undergone treatment for alcoholism or drug dependence. (Hopefully this doesn't apply to you.) If a person answers "Yes" there is some explaining to do and you will need to show that you are past the problem. If you answered "No" but the true answer is "Yes" and they find out, then you not only lose your permit but you can be in a lot of trouble, state and federal. In addition, in New York you need to get four character witnesses to affirm that you are a sane and sober citizen. If you need something like that in your state, make sure that the people vouching for you either don't know about it or won't hold that incident against you. The police will definitely call these people and ask questions about you, similar to getting a security clearance. All of these considerations apply even if there is nothing in your legal or driving records.

austin247

If you weren't arrested or didn't go before a court, then there are no charges against you. Thus, no criminal record.

competentone

If this was October 2001, and if there is insurance involed, and assuming it hasn't been settled yet, then you still might end-up with points on your driving record--they'll show-up after your insurance company notifies the State of a claim.Also, was there a "Police Report" made on the accident?If "yes", there could still be time left for criminal charges to be filed.My advice: You should consult an attorney! And if there is the possiblity criminal DUI charges could be filed against you, be sure you consult a CRIMINAL law attorney too.

ccasey612

The accident happened in PA and I now live in VA. Does that affect anything?

JustC

they couldn't file anything but reckless driving or failure to reduce speed to avoid an accident or some such other charge as that. these are all traffic violations and have no bearing on firearms approval whatsoever. Therfore you are home free assuming you are of age. Beleive me, I just went through all of this with a lawyer, not 2 months ago. Chances are, there will be no charges, due to the fact that any physical evidence has long since disappeared.

seamus

You have left out so many material facts, that there absence makes it impossible for anyone to provide you with a reasonable answer. From what you say, it is apparent that you do not have a record for that offense, at present. A complaint may still be filed against you, however. You should consider the following unanswered questions, and possibly reach an answer for yourself: Did the police investigate the accident? Did you leave the accident scene? Were there witnesses who might have reported the accident, other than you? Was your car towed and/or impounded? Were you subsequently contacted and/or interviewed by the police (at the hospital, at home, other place) about the accident? Was physical (forensic) evidence taken (blood, breath, urine) at the accident scene or the hospital? Did the police administer any coordination tests? If the answer to any of these is yes, then it might be wise to consult with legal counsel.

11echo

As an "EX-FFL holder" I recall the forms indicating the the offence must be punishable by a jail term of OVER a year (Federal description) to prohibit you from buying a weapon. This is only Federal restrictions, individual states may have there own laws. GOOD LUCK!!! ...Mark

TeleDetective

I say you can- try calling a gun dealer and ask him/her... I can't image it would- no criminal record exists, but not every state has the common sense Texas does.[This message has been edited by TeleDetective (edited 03-05-2002).]

seamus

I revisited your post to see if you provided any additional information, and found that you have not. The consensus of the replies indicate that your right to purchase a gun have PROBABLY not been effected, and logic indicates to me that the same ultimate conclusion should be reached. However, because each case is fact specific, there is no way to know the correct conclusion without learning the actual, and complete, facts. As a retired federal LEO and gov intelligence officer, I can attest to many erroneous opinions that were reached on the basis of incomplete information. With regard to legal (as opposed to technical) advise and opinions, those that are given freely are usually worth what you paid for them. Mine in no exception. The best way for you to find the answer to your question (and here comes my free advice) is for you to research the matter with the proper authorities, or pay an attorney to do it for you.