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.
Options

denied firearm purchase

andrewqb117andrewqb117 Member Posts: 2 ✭✭
hello there, why is it everytime i applied for firearm purchase i was denied? is because i a misdeamenor charges on domestic violence 10 years ago. please help

Comments

  • Options
    gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    I'm not a lawyer. That is a pretty big possibility, though.
  • Options
    pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    Simple answer, yes.

    When they passed the "new" law, it was retroactive. If you have EVER been convicted of a MISDEMEANOR charge of domestic violence, you loose your gun rights FOREVER. Circumstances of the charge does not matter.

    It no longer takes a felony to loose your gun rights. There are ways to appeal this, but don't hold your breath.
  • Options
    tr foxtr fox Member Posts: 13,856
    edited November -1
    Ah yes. Ex-President Clinton's "Domestic Violence" law. The only law I know of that punishes people for what they did BEFORE the law became a reality.

    Only somebody like Clinton and his left wing friends would think of such a way to impose a retroactive law.
  • Options
    HighballHighball Member Posts: 15,755
    edited November -1
    And only bush and his republican buddies are entirely too 'busy' snooping into your bank account and phone records to make ANY attempt to roll back that UnConstitutional law....or any OTHER gun law.
  • Options
    Don McManusDon McManus Member Posts: 23,489 ✭✭✭✭
    edited November -1
    andrewqb117:
    quote:Originally posted by andrewqb117
    hello there, why is it everytime i applied for firearm purchase i was denied? is because i a misdeamenor charges on domestic violence 10 years ago. please help

    If it was only charges, you should not be denied. It should be fairly easy to get the record cleared up. You have to petition the jurisdiction where the charges were filed to clear the record. If you were guilty, you are sleeping in a bed of your own making.
    Freedom and a submissive populace cannot co-exist.

    Brad Steele
  • Options
    tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by Don McManus
    andrewqb117:
    quote:Originally posted by andrewqb117
    hello there, why is it everytime i applied for firearm purchase i was denied? is because i a misdeamenor charges on domestic violence 10 years ago. please help

    If it was only charges, you should not be denied. It should be fairly easy to get the record cleared up. You have to petition the jurisdiction where the charges were filed to clear the record. If you were guilty, you are sleeping in a bed of your own making.





    You are making a mistake in being so quick to judge without knowing the circumstances. I personally know of two or more such convictions for "domestic violence" where in fact there was no actual "violence" that would be recognized by anyone here. There was only the "domestic" part of a loud disagreement between husband and wife which caused the charge/conviction.

    And thereby the lifetime of losing gun rights and in at least one case of losing their job since they could no longer own/carry a gun.
  • Options
    Don McManusDon McManus Member Posts: 23,489 ✭✭✭✭
    edited November -1
    tr fox:

    I agree. That is why I stated 'If you were guilty' and not 'If you were found guilty'. The original post only stated charges, not a conviction, and definitely not guilt. Being found guilty, however, is implied by the denials noted in the post.

    Miscarriages of justice, though rare, will continue to be used to deny 2nd Amendment rights. As we discussed in a previous thread, I tend to agree with the denial of gun ownership to convicted violent criminals. With that in place, there will be those, however few, that will be unjustly denied.
    Freedom and a submissive populace cannot co-exist.

    Brad Steele
  • Options
    u2poweru2power Member Posts: 23 ✭✭
    edited November -1
    Oh well you tried it the legal way. Just remember the second amendment states you have the = RIGHT TO BEAR ARMS = SO YOU TAKE IT FROM THERE!
  • Options
    tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by Don McManus
    tr fox:

    I agree. That is why I stated 'If you were guilty' and not 'If you were found guilty'. The original post only stated charges, not a conviction, and definitely not guilt. Being found guilty, however, is implied by the denials noted in the post.

    Miscarriages of justice, though rare, will continue to be used to deny 2nd Amendment rights. As we discussed in a previous thread, I tend to agree with the denial of gun ownership to convicted violent criminals. With that in place, there will be those, however few, that will be unjustly denied.


    We have agreement.
  • Options
    knives2sellknives2sell Member Posts: 4 ✭✭
    edited November -1
    If you actually did comit domestic violence I agree with the Govt.You shouldn't ever have the right to purchase any type of firearm for the rest of your life.I am a senior citzen now and when I was small I lived with a tough guy who could only beat up little kids and women.Are you one of them?I'm sure if the tough guy had the right to purchase a gun he most likely would have killed us with it.Here's something you can all think about before you side with someone who wants the right that decent and honest people deserve.
  • Options
    dsmithdsmith Member Posts: 902 ✭✭✭✭
    edited November -1
    I agree with TR. Why have laws that impact things you did before it was illegal. What if the government was to bring back prohibition, but also try to punish anybody who drank alcohol when it was legal?

    Sick.
  • Options
    pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    quote:Originally posted by knives2sell
    Here's something you can all think about before you side with someone who wants the right that decent and honest people deserve.

    If you read a little closer, I think you may see that most are not "siding" with the original poster of this thread. We are taking issue with the fact that the government made a new law that was RETROACTIVE.

    One goes to court, is found guilty, pays a fine or goes to prison. He pays the price, KNOWING what the punishment is. Often a guilty plea is based on the potential punishment. NO ONE has the right to come along 10-20-30 YEARS LATER, punishing him AGAIN, by stripping his rights away.
  • Options
    pttptt Member Posts: 39 ✭✭
    edited November -1
    I had a verbal disagreement with a domestic partner back in the mid 90's and did a diversion program like an anger management class. (Never even went before the judge) Is this costing me my right to own a firearm???? Hoiw would I find out?
  • Options
    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Go try to buy a gun.
  • Options
    tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by WoundedWolf
    Go try to buy a gun.


    Gotta be careful with that one. If he truly does not know the corrrect answers on the form 4473 he just might accidently answer one wrong, get the gun purchase approved and then later get into serious trouble. Only way to answer those form 4473 questions is to know positively for sure what the correct answer is.

    Course, I will admit he should know or find out the corrrect answer.
  • Options
    searchwisersearchwiser Member Posts: 7 ✭✭
    edited November -1
    My wife who has only been Charged with a DWi was told No also.
    I had a little trouble when I was a youngster dont know if I can buy one or Not. Aint really tried No need to as of yet. But come to think of it would love to know. Any FFL dealers willing to run it and see hate to Drive to walmart 70 Miles to see noone else deals guns here.
    Never understood these gun laws, I know of one guy who is a heavy hunter. He Hunts all over the place and cant by one so he pays his sister 50 bucks to buy them. Not to mention Flea Markets are loaded. This is the reason I will NOT be Voting for Clinton in next Election.
  • Options
    big mangobig mango Member Posts: 1,905 ✭✭✭✭✭
    edited November -1
    Ineligible Persons

    The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

    Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
    Fugitives from justice.
    Unlawful users of certain depressant, narcotic, or stimulant drugs.
    Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
    Illegal aliens.
    Citizens who have renounced their citizenship.
    Those persons dishonorably discharged from the Armed Forces.
    Persons less than 18 years of age for the purchase of a shotgun or rifle.
    Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
    Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
    Persons convicted in any court of a misdemeanor crime of domestic violence.
  • Options
    6 pointer6 pointer Member Posts: 10 ✭✭
    edited November -1
    quote:Originally posted by andrewqb117
    hello there, why is it everytime i applied for firearm purchase i was denied? is because i a misdeamenor charges on domestic violence 10 years ago. please help

    better change to Muzzel loading and black powder, there are no restrictions and the Feds and most states do not classify them as fire arms.
    I know many hunters that can't use a gun for one reason or another, but they can use muzzel loaders. ck the fed firearm laws and the laws in your state. i think there are just 2 states that won't allow people with felonies to own Muzzel loading rifles.
  • Options
    clickclick Member Posts: 107 ✭✭
    edited November -1
    go to your local gun shop and request an appeals phamplet that you can look at and see if you can get this issue resolved.. i have seen it done before at my shop...
  • Options
    6 pointer6 pointer Member Posts: 10 ✭✭
    edited November -1
    quote:Originally posted by click
    go to your local gun shop and request an appeals phamplet that you can look at and see if you can get this issue resolved.. i have seen it done before at my shop...

    most states do have certificates of releif, but Clinton stopped the feds from spending money to give people back their gun rights in 2000, so even if a person got their rights back from their state, it's the feds that have a manditory 20 yrs for just having a gun on the property.
  • Options
    EOD GuyEOD Guy Member Posts: 931
    edited November -1
    quote:Originally posted by 6 pointer
    quote:Originally posted by click
    go to your local gun shop and request an appeals phamplet that you can look at and see if you can get this issue resolved.. i have seen it done before at my shop...

    most states do have certificates of releif, but Clinton stopped the feds from spending money to give people back their gun rights in 2000, so even if a person got their rights back from their state, it's the feds that have a manditory 20 yrs for just having a gun on the property.


    Clinton had nothing to do with it. Congress refused to appropriate money for the purpose and forbid the BATF from spending any other funds to restore gun rights.
  • Options
    searchwisersearchwiser Member Posts: 7 ✭✭
    edited November -1
    You get 20 years for what?
    I was also Told that if you apply and turned down you will be arrested anyone herd of such?
  • Options
    11b6r11b6r Member Posts: 16,588 ✭✭✭
    edited November -1
    Sixpointer- fine point of law- IF you are prohibited from possessing firearms, you are also prohibited from possessing modern ammo. MANY states will allow probited person to use a muzzle loader (I know Georgia does NOT) BUT- it must be a muzzleloader that does NOT use 209 primers. Possession of #11 caps, disc priming for the Knight- no sweat. Regular 209 shotgun primers are considered ammunition. Good advice is to check law in your state. Have a brother that, due to young indiscretions, will be a lifelong bowhunter.
  • Options
    6 pointer6 pointer Member Posts: 10 ✭✭
    edited November -1


    muzzle loaders are not considered fire arms and black powder is not considered an explosive. by the fed gov. so people that want to hunt, ck your state laws. forget about Wyoming and some other states..

    The term "antique firearm" means:
    (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
    (B) any replica of any firearm described in subparagraph (A) if such replica:
    (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
    (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
    (C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
    (17)(A) The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
    (B) The term "armor piercing ammunition" means:


    Attention Black Powder Shooters

    False stories are circulating on the Internet, claiming that new homeland security legislation will require a license for buyers of reloading components. These reports are incorrect.

    To set the record straight:

    Federal law for many years has required an explosives license for dealers in explosives. The new "Safe Explosives Act," passed as part of the Homeland Security Act of 2002 (H.R. 5005), adds user permit requirements for buyers of explosives.

    However, existing federal explosives laws have long made exceptions for black and smokeless powders, and the new law did not amend those exceptions:

    1. Smokeless powder is considered an "ammunition component" rather than an explosive. Therefore, smokeless powder is not subject to existing explosives laws or to the new requirements.

    2. Black powder is not considered an explosive, when sold in quantities less than 50 pounds and used for sporting, recreational, or cultural purposes in antique, replica, or muzzleloading firearms. Under those long-standing conditions, black powder is also not subject to existing explosives laws or to the new requirements.

    During consideration of this bill, Senator Orrin Hatch (R-UT), senior Republican on the Senate Judiciary Committee-and now incoming chairman-was very concerned that it could have an adverse effect on legitimate gunpowder users. Sen. Hatch's staff worked closely with NRA to ensure that no language in the bill could be turned against handloaders or black powder shooters. As a result, the existing exemptions were left unchanged.

    The bottom line is that this legislation has no effect on people who buy smokeless powder for cartridge or shot shell reloading, or on black powder shooters who use normal amounts of powder for competition, hunting, reenactments, or other legitimate purposes. Once again, Internet rumors to the contrary are false and gun owners are best advised to turn to reliable information sources such as www.nraila.org to get the facts.
    http://www.nrahq.org/compete/dept-rifle.asp

    as with everything you read on the net, do not take it as fact, ck with your DA or local cop, also i suggest you get anything in writing, do not take anyones word, the feds have set sentences with no plea bargining for weapon offences, only for shady congressmen.JMO
  • Options
    Richard47Richard47 Member Posts: 2 ✭✭
    edited November -1
    Buy a Finn Mosin with a receiver dated before 1898. You can still hunt and shoot with that. Cheap and real accurate.
  • Options
    Smitty500magSmitty500mag Member Posts: 13,603 ✭✭✭✭
    edited November -1
    This is a big problem every where these days. Women that are vendictive and know that their ex's gun collections mean a lot to them or that hunting is a big part of their life take out restraining orders just for spite. It'll probably take some time and money but it can be reversed. On the other hand if you were convicted for actully doing some violence with a weapon then I'd look into buying bows and arrows 'cause even congress can't help you on that unless of course your a movie star or somebody that people think is important.

    Smitty
  • Options
    Henry0ReillyHenry0Reilly Member Posts: 10,878 ✭✭✭
    edited November -1
    quote:Originally posted by Richard47
    Buy a Finn Mosin with a receiver dated before 1898. You can still hunt and shoot with that. Cheap and real accurate.


    This is really bad advice. While there may not be any federal prohibition against any indvidual purchasing such a firearm many if not most state laws prohibit the possession of any type of firearm, antique or not, by "dangerous persons".
    I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
  • Options
    dsmithdsmith Member Posts: 902 ✭✭✭✭
    edited November -1
    quote:Originally posted by Smitty500mag
    This is a big problem every where these days. Women that are vendictive and know that their ex's gun collections mean a lot to them or that hunting is a big part of their life take out restraining orders just for spite. It'll probably take some time and money but it can be reversed. On the other hand if you were convicted for actully doing some violence with a weapon then I'd look into buying bows and arrows 'cause even congress can't help you on that unless of course your a movie star or somebody that people think is important.

    Smitty


    Yeah.
Sign In or Register to comment.