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Can I purchase A FireArm
barnhartmd051977
Member Posts: 51 ✭✭
I hope some one can answer this question...
My name is Michael Barnhart, I am 31 years old, I spent 4 years in the USMC, left with an honerable discharge... I got a job in the civilan word and quickly advanced to management... Here is where the problem begins... I was in charge of 8 guys at a Power Plant. I went on vacation on a friday after a year on the job, i was taking 2 weeks off work... Left PA to NH on a friday to see my GF at the time... A week into my vacation PA State Police call me on my cell phone and ask me to return to PA for a criminal investigation... So i promptly return to PA, to be arrested on three Felony accounts theft by unlawfull taking, criminal conspericy, recieving stolen property... At this point I still have no clue wht has taken place... My parents posted bail, I hired a lawyer and a private investigator... I found out from the PI and the Lawyer The reasons for my arrest and statements mad by other employees... One one my new employees took 500 sheets of 4' x 12' aluminium ridge roofing meterial from the plant the day after i left and placed it at his warehouse, when questioned he told cops i took it the day i left and placed it at his warehouse... Long story short after $20,000 out of my own pocket and more proof that i was not envolved in any way shape or form, My lawyer told me that the da was trying us together (the guy who stole the crap) he was a Seven time felon and list of misdomenors... I was told by the judge, DA, and my own lawyer to plea guilty for lesser sentence and reduce to misdomenors from felonies, with two years of probation to be served... After that I swallowed my pride, and with no job or money cause i spent my entire life savings on this matter I pled guilty, to all three charges...
I got a deal i guess, as the guy who stole the stuff was charged with felonies and severd 5 years in prison, got out two years early for good behavior...
I recieved misdemoners on all three charges, and two years of probation...
Mind you I had never been in trouble with the law befor or after this matter, I also work closely with my local PD, as I am a firefighter, emt-b...
I just want to know if anyone knows if i can still purchase a firearm or not???
I own many firearms for Glock 19, Glock 17, 30-30 marlin. rem model 700(7mm rum), model 97 winchester, mossberg 500 12 ga, and the list goes on...
Please advise????
My name is Michael Barnhart, I am 31 years old, I spent 4 years in the USMC, left with an honerable discharge... I got a job in the civilan word and quickly advanced to management... Here is where the problem begins... I was in charge of 8 guys at a Power Plant. I went on vacation on a friday after a year on the job, i was taking 2 weeks off work... Left PA to NH on a friday to see my GF at the time... A week into my vacation PA State Police call me on my cell phone and ask me to return to PA for a criminal investigation... So i promptly return to PA, to be arrested on three Felony accounts theft by unlawfull taking, criminal conspericy, recieving stolen property... At this point I still have no clue wht has taken place... My parents posted bail, I hired a lawyer and a private investigator... I found out from the PI and the Lawyer The reasons for my arrest and statements mad by other employees... One one my new employees took 500 sheets of 4' x 12' aluminium ridge roofing meterial from the plant the day after i left and placed it at his warehouse, when questioned he told cops i took it the day i left and placed it at his warehouse... Long story short after $20,000 out of my own pocket and more proof that i was not envolved in any way shape or form, My lawyer told me that the da was trying us together (the guy who stole the crap) he was a Seven time felon and list of misdomenors... I was told by the judge, DA, and my own lawyer to plea guilty for lesser sentence and reduce to misdomenors from felonies, with two years of probation to be served... After that I swallowed my pride, and with no job or money cause i spent my entire life savings on this matter I pled guilty, to all three charges...
I got a deal i guess, as the guy who stole the stuff was charged with felonies and severd 5 years in prison, got out two years early for good behavior...
I recieved misdemoners on all three charges, and two years of probation...
Mind you I had never been in trouble with the law befor or after this matter, I also work closely with my local PD, as I am a firefighter, emt-b...
I just want to know if anyone knows if i can still purchase a firearm or not???
I own many firearms for Glock 19, Glock 17, 30-30 marlin. rem model 700(7mm rum), model 97 winchester, mossberg 500 12 ga, and the list goes on...
Please advise????
Comments
You could have served MORE than one year in prison, and I am sure that is a disqualifier.
Someone correct me if I am wrong .
Does not apply to me ,but would like to know .
I wonder if you would have got the firefighters job with a felony ?
I think the law says a felony that is punishable by a year or more .
Someone correct me if I am wrong .
Does not apply to me ,but would like to know .
I wonder if you would have got the firefighters job with a felony ?
Not in my day you wouldn't. I think that still applies.
This is obviously a question for an attorney.
Spend an hour on one, or find out if you can get your record expunged since it seems minor.
Some states do,.....some don't.
Nobody here will be able to answer your question with certainty, and what value is that?
Where E is the overall cost ( if it is positive than the criminal will commit the crime, if is negative they will not)
P is the probability of getting caught and F is the punishment in dollars lost.
So say I am a criminal and I know I can make $100 robbing a gas station, but there is a 50% chance of getting caught, and for convienence the punishment is equal to getting $0 if I do get caught.
So: E = 100 (.5) + (.5) 0 = $50
so to say, I commit the crime sense my gain is positive.
The implication being that more police increase the probability of getting caught which in turn increases E more substantially. We also assume all criminals act rationally, which does seem to be the case.
I would suggest sword and shield, num chucks, or blow darts[:D]
I prefer tomahawks, knives, and bow and arrow.[:D]
I hope some one can answer this question...
My name is Michael Barnhart, I am 31 years old, I spent 4 years in the USMC, left with an honerable discharge... I got a job in the civilan word and quickly advanced to management... Here is where the problem begins... I was in charge of 8 guys at a Power Plant. I went on vacation on a friday after a year on the job, i was taking 2 weeks off work... Left PA to NH on a friday to see my GF at the time... A week into my vacation PA State Police call me on my cell phone and ask me to return to PA for a criminal investigation... So i promptly return to PA, to be arrested on three Felony accounts theft by unlawfull taking, criminal conspericy, recieving stolen property... At this point I still have no clue wht has taken place... My parents posted bail, I hired a lawyer and a private investigator... I found out from the PI and the Lawyer The reasons for my arrest and statements mad by other employees... One one my new employees took 500 sheets of 4' x 12' aluminium ridge roofing meterial from the plant the day after i left and placed it at his warehouse, when questioned he told cops i took it the day i left and placed it at his warehouse... Long story short after $20,000 out of my own pocket and more proof that i was not envolved in any way shape or form, My lawyer told me that the da was trying us together (the guy who stole the crap) he was a Seven time felon and list of misdomenors... I was told by the judge, DA, and my own lawyer to plea guilty for lesser sentence and reduce to misdomenors from felonies, with two years of probation to be served... After that I swallowed my pride, and with no job or money cause i spent my entire life savings on this matter I pled guilty, to all three charges...
I got a deal i guess, as the guy who stole the stuff was charged with felonies and severd 5 years in prison, got out two years early for good behavior...
I recieved misdemoners on all three charges, and two years of probation...
Mind you I had never been in trouble with the law befor or after this matter, I also work closely with my local PD, as I am a firefighter, emt-b...
I just want to know if anyone knows if i can still purchase a firearm or not???
I own many firearms for Glock 19, Glock 17, 30-30 marlin. rem model 700(7mm rum), model 97 winchester, mossberg 500 12 ga, and the list goes on...
Please advise????
Hi Mike,
Here's the rub. The way they look at firearms possession can be gleaned on the form 4473. Back in the day when I had an FFL, I couldn't sell to anyone that 'could have received a year or more jail time for their offense. The key was 'could have', because it's irrelevant as to whether or not you actually did get a year. I know that's pretty crappy, but that's the way BATFE was looking at the law. I'm pretty sure it's still that way, and I also know you can't be anywhere near a firearm or ammunition when you are on probation. There's a lot of misdemeanors out there that will disqualify a person from owning, buying, or possessing firearms or ammunition (look at any domestic abuse cases for example).
Your best bet is to check with your local attorney to find out if these convictions were punishable by a year or more in jail. If they were, you're screwed. Even if you buy from a private party, you put yourself in a lousy position if the 'man' comes to your door and has reasonable cause to search your hut; you'll be going to jail for a long time my friend.
Good luck,
Force Recon
I think it has to be a felony conviction, or domestic. One way to find out, try. If you can't you know, if you can you're good to go. If you are denied I would suggest getting an attorney.
That is a good way to get thrown in prison too.
Someone barred from purchasing arms will get a visit from the ATF IF they fill out a 4473 and ATTEMPT to purchase a firearm. This would give them probable cause to search your premesis and seize ANY arms you have and give you 25 years on EACH count.
I hope the OP'er isn't going to do something this dumb.....
Perhaps your local sherriff could do a background and see. Afterall you were just curious because you thought you might want to take up hunting... Right? [;)]
Seriously?
So if you are unknowingly unable to pass a 4473 (edit: ATF background check), and try to buy a firearm from an FFL, you then get prison time for it?
Seriously?
Yes, you could. "unknowingly" is a subjective term. If someone has had problems and faced a judge, a thinking man would say it would comes as no shock.
Yes, you could. "unknowingly" is a subjective term. If someone has had problems and faced a judge, a thinking man would say it would comes as no shock.
Sure if one has been convicted of a felony they would be a fool not to remember that. But where specifically and in detail does the federal gov't draw the line with misdemeanors?
That would be good information to have available for people -- so they can find out for sure if the gov't grants them the right to own a firearm beforehand, before they attempt to go and purchase one.
quote:Originally posted by freemind
Yes, you could. "unknowingly" is a subjective term. If someone has had problems and faced a judge, a thinking man would say it would comes as no shock.
Sure if one has been convicted of a felony they would be a fool not to remember that. But where specifically and in detail does the federal gov't draw the line with misdemeanors?
That would be good information to have available for people -- so they can find out for sure if the gov't grants them the right to own a firearm beforehand, before they attempt to go and purchase one.
READ the 4473's.
There IS a line that asks if you could have been sentenced to X amount of time.
But where specifically and in detail does the federal gov't draw the line with misdemeanors?
Specifically......
From the BATF FAQ page.
quote:(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who -
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his or her citizenship;
(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of domestic violence
(10) Cannot lawfully receive, possess, ship, or transport a firearm.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.
Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
Up to one year is OK.
One year and a day, is not.
Doug
As for pleading guilty to lesser charges, I would in NO WAY EVER plead guilty to something I didn't do. I know I wouldn't because I was faced with a domestic violence charge and told the DA to take me to court. Many advised me to plead (even with the lack of evidence and the alleged victim recanting), but I stuck to my guns and refused to become a plea statistic. The DA finally dismissed the charge, I got the arrest expunged and now I'm back in law enforcement where I was before it all happened.
I have no shame because I did nothing wrong and EVERYTHING RIGHT by challenging the system by an innocent man.