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felon

alien14305alien14305 Member Posts: 5 ✭✭
edited April 2002 in Gun Rights and Constitutional Law
If it is illegal to purchase a firearm in you have commited a felon, what if your criminal record is sealed? I am now currently 20 and I got convicted of a felony at the age of 13. My prohbation office said that my records sealed up and only a judge could view them and I was 14 at the time. Can I still legally purchase a firearm.
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Comments

  • oldcolt77oldcolt77 Member Posts: 3 ✭✭
    edited November -1
    Depending on your felony conviction, (i.e.,was it a violent crime...did someone get hurt,...) more than likely this info is for-warded to the NICS database even though youwere a juvenile @ the time. Believe me, it'snot just judges who get to look at your record. You should probably get a lawyer andfile a motion to have your record expunged.It will cost you money, and there is no guar-antee that the new judge will do so.GoodLuck
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  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    Depending on state----Attempt to buy a firearm, if they say you have a record, then you can ask an attorney get your 2nd amendment rights reinstated. There are forms, and you have to go before a superior court judge. Also you must have referance letters. Good luck!
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
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  • alien14305alien14305 Member Posts: 5 ✭✭
    edited November -1
    has this been done quite often and Is it expensive?
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  • AlpineAlpine Member Posts: 15,092 ✭✭✭✭
    edited November -1
    It would depend on attorney fees and what state you are in. My information is good for the state of Kalifornia.
    ?The problem with socialism is that you eventually run out of other people's money.?
    Margaret Thatcher

    "There are three kinds of lies: lies, damned lies and statistics."
    Mark Twain
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  • alien14305alien14305 Member Posts: 5 ✭✭
    edited November -1
    I live in the great state of TEXAS so I think it should be easier.
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  • TorinoTorino Member Posts: 27 ✭✭
    edited November -1
    If you have been convicted of a violent felony your gun rights should be restored 10 years after you have completed your obligation as long as there are no other convictions. I have a non-violent felony conviction and full rights restored upon completion of probation. State rights are apparently different than Fed. as I was able to get a CCW in my state, but since NICS I have to go through denial and appeal process. This takes anywhere from 3 to 4 Mos. or longer. Hope this helps.
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  • n/an/a Member Posts: 168,427 ✭
    edited November -1
    There are provisions in most State Statutes that outline the process to petition the courts for restoration of certain rights that are lost upon Felony Conviction. Your gun rights are among them. Do some research and you'll find it. Good luck.
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  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    I think you can go through the NICS check without buying a Gun. Just give the FFL holder 5 - 8 dollars to go through the check. If you are denied then you file an appeal buy getting fingerprinted and sent to local Law Enforcement which will then forward them to the F.B.I. just to show that you are you. The Law Enforcement Agency will then send you a letter, more than likely "Denied". Now you have to go to a Lawyer. If it was a Misdemeanor (of less than two years incarciration)I could tell you how to get around the "one year or more on the NICS form." The Answer to that is Section 921 sub-section(20), sub-section (b).

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
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  • sodbustersodbuster Member Posts: 2,305 ✭✭✭✭✭
    edited November -1
    I think you should check out your status before you fill out a yellow sheet. Isn't it true that if you mark 'no' on the question that asks about prior convictions and there is a record on file than you could be in a world of hurt?? Also doesn't the felony have to carry a certain prison term, one or two years?? If you mark 'yes' that you are a convicted felon on the form, aren't you automaticaly prevented from purchasing the firearm??

    "No dear, this isn't a new gun,,I've had this one for quite a long time,,honest,,"
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  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    I agree with sodbuster. Check your status before you begin marking on any application, because what you would be doing is committing perjury, and depending on what state you live in, could be a crime in itself to even attempt to purchase a firearm. In my state, Ohio, it is a crime to do so. If you check your status first, you are not actually attempting to purchase anything, period. The courts claim it is YOUR responsibility to know, and if you do it this way, you were only attempting to find out, and rightfully so if you had reason to believe you may have difficulties in purchasing.

    Death to Tyrants!!!

    -Gunphreak
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  • hecklerxkochhecklerxkoch Member Posts: 213 ✭✭✭
    edited November -1
    I'm a probation officer and until your 18, your records are sealed. However more than just a judge can look at them. Law Enforcement as well a court personnel can as well. I guess I would have to ask you what kind of court hearing you had. Was it before a judge, because if so then the records are only sealed to the public. For instance Joe Blow committs a felony and the papers print it and I can legally read the disposition over the internet or simply go to the ofice and request to see the records. As a juvenile this is not possible. You need to ask your local law enforcement what your state laws should be. I would say a 96-97% chance you'll get your weapon.
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