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GUN PURCHASE DELAYED, COULD I BE DENIED???

steveono31steveono31 Member Posts: 6 ✭✭
edited May 2008 in Gun Rights and Constitutional Law
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    pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    NOT to be taken as legal advice.
    This is from the BATF FAQ page.
    Read the sentence in bold at the bottom......

    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.
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    steveono31steveono31 Member Posts: 6 ✭✭
    edited November -1
    just goin on info
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    n/an/a Member Posts: 168,427 ✭
    edited November -1
    quote:Originally posted by steveono31
    So then Im alright? I havent been convicted. And the only thing on my record is a seatbelt ticket in 1993. Thats it, and nothing else. I have just been charged with this. Unsecure bond and everything. Just let me go. And my 1st court date they said they wanted to plea bargain, since no other record.


    I would say you WOULD be denied.

    IF you are NOT guilty of anything, you better fight it. Least you MAY loose your ability to own arms if you don't.
    The laws are only going to get MORE strict, and sometime if you have had ANY conviction, they will bar your ability to own arms.

    My advice, keep your record CLEAN.
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    Aaron.Combs1Aaron.Combs1 Member Posts: 217 ✭✭✭
    edited November -1
    i would really talk to your laywer and ask him this question. the BATF has their quidelines, and states have theirs. you may be clear in your state, and not with the BATF, or the other way around. i was in your situation not to long ago and it was related to a firearms case. (pulled an AK on the Jack hole that wanted to pull pistol on me due to a minor traffic incident in my dads neighborhood) needless to say i won the fight (mine was bigger) but not the war. though i was not "convicted" i was still charged with aggrivated assault with a deadly asault weapon (fealony). the DA saw the case thought it was BS and droped it to a misdemeanor. anyhow long story short. i still recieved 6 month probation, 24 hours anger management, and 24 hours community service. and that was without a conviction. (yeah i pled nolo contendre') dumb decision on my part should have fought the whole thing through. but you see. even though you may not be guilty (as i was certianly not guilty as i just returned the gun pulling, and was protecting myself) you can still get fined, and punnished fore something you didnt really do. our justice system though OK is still pretty flawed and alot of crap slips through the cracks. if i were you, i would recieve the firearm that you have now. and give it to a friend or family member that does not reside with you. when you fill out the forms when you buy a weapon it asks if you have been "convicted" that it the key word. and you can say NO truthfully. even though through this ordeal of mine i have become a criminal justice major, and know alot about the system, agian i would consult with your representation. see what he/she recommends, and go from there. also becareful what you post in internet forums, i dont think that GB would like to be subpeonead and have this thread in court. not that you have said anythin wrong, just be careful. best of luck my brother. i hope all goes well for you.

    respectfully yours

    Aaron C. Combs
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    Old IronsightsOld Ironsights Member Posts: 93 ✭✭
    edited November -1
    AFAIK there is no jusrisdiction in the US which lists a "Click-it-or Ticket" moving violation as a 1yr charge.

    Could you be denied? Yes. But not for that charge. There are a myriad of things they will "deny" you for... and most of them are recordkeeping errors.

    A simple moving violation is not (yet) sufficient for the loss of RKBA.

    Not that some folks won't try to add it to the list... [xx(]
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    steveono31steveono31 Member Posts: 6 ✭✭
    edited November -1
    Talked to lawyer and PD today and they told me it was fine and no Im not under indictment. They both said I could own and buy guns too, and that the crime wasnt even punishable by jail time. Community service and or misd at most.So I guess well see. I called today and Im still delayed till thurs. So I guess Ill just wait and see what happens.
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    8 weeks? I think you should be more concerned with the time it is taking to complete your transaction. Is the gun on layaway? Is the gun dealer trying to rip you off? What gives?

    -WoundedWolf
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    steveono31steveono31 Member Posts: 6 ✭✭
    edited November -1
    Thats how long it takes Rock River Arms to have the item you ordered ready (if your lucky) My last RRA took 12 weeks to come
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Thanks for that info, Steve. I'm actually looking at ordering a RRA rifle before the next election. I guess I need to plan 3 months ahead to be safe.

    [;)]
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    Marc1301Marc1301 Member Posts: 31,897 ✭✭✭
    edited November -1
    quote:Originally posted by WoundedWolf
    Thanks for that info, Steve. I'm actually looking at ordering a RRA rifle before the next election. I guess I need to plan 3 months ahead to be safe.

    [;)]

    On my RRA, I was told 9 to 12 weeks,.......got it in 4 or 5.
    Best part is I still love it![;)]
    "Beam me up Scotty, there's no intelligent life down here." - William Shatner
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    steveono31steveono31 Member Posts: 6 ✭✭
    edited November -1
    On a complete gun they shoot for 6-8 weeks. uppers and lowers may take up to 6months. Their 1st priority is the DEA. They have a 5 year contract with them. But trust me the wait is worth .35 groups at 100 yds. Compared to my friends bushy and dpms, which shoot a tad over 1" groups. But mine is a stainless varmint rifle, and theirs are chromed lined barrels which are not known for accuracy, their more liked because of barrell life. But I shoot on a ground hog hunting day, approx 8- 10 rds.Compared to some guys who shoot hundreds a day.Im a long time benchrest shooter and pretty new to the Ars, but Im pretty impressed so far. My BR gun with reloads shoots .1 - .2s all day. Thats with reloads. And the RRA shoots 69gr Black Hills pretty darn near that. Plus a Full out Benchrestgun is around $3500- $6000 and my RRA was $850. Not bad in my book
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