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Posted: 11/3/2009 11:29:48 AM EST
A friend of mine was trying to buy his first firearm. They did the background check, and they issued a hold. They didn't deny his purchase, and the gun store still has his money. The domestic violence was that he got in a fight with his brother at home when he was about 18. He was charged but not convicted of domestic violence. Will he be denied or passed?
Link Posted: 11/3/2009 11:34:42 AM EST
Not 100% but I think he is hosed...

DV is DV......

Saw the same thing on COPS a few weeks back and the 1st thing I thought was "kiss your gun rights goodbye"
Link Posted: 11/3/2009 11:34:57 AM EST
Did they drop the charges????

" If " they did he should be GTG

Is this his first purchase through a FFL? That might be the reason for the hold-up

sparky
Link Posted: 11/3/2009 11:35:48 AM EST
[Last Edit: 11/3/2009 11:37:36 AM EST by Amish_Bill]
I believe the 4473 asks for a Conviction of Domestic Violence.

Denials on unconvicted charges would be a simple way to strip gun rights. A liberal prosecutor could just tack DV charges to anything that passed their desk and ruin people en-mass.

Maybe the hold is from a DV entry that didn't have a proper dispostion attached to it?
Link Posted: 11/3/2009 11:39:26 AM EST
Originally Posted By Eagle7222:
Not 100% but I think he is hosed...

DV is DV......

Saw the same thing on COPS a few weeks back and the 1st thing I thought was "kiss your gun rights goodbye"


My gut feeling too. This is a prime example of why many states are changing their DV laws to include a requirement that the relationship has to be an "intimate" relationship in nature. for the longest time in Mich it was current or former co-habitant or child in common. Brother/brother fit under the co-habitant clauses. It no longer does as it has been changed.

J-

Link Posted: 11/3/2009 11:40:20 AM EST
So would a charge do it? he was never convicted and received no punishment or fines.
Link Posted: 11/3/2009 11:42:41 AM EST
I think/thought it's a conviction only, but it can be a felony or a misdemeanor.
Link Posted: 11/3/2009 11:42:47 AM EST
hell in ohio I see people all the time get charged with DV and It only says they struck a person they knew at there home. Dont even have to live togeather around here to be charged.
Link Posted: 11/3/2009 11:44:49 AM EST
[Last Edit: 11/3/2009 11:45:03 AM EST by jdessell]
You can be "charged" with anything. Convictions are what matters. They did proper procedure by delaying the sale, but he will get to buy his gun.
Link Posted: 11/3/2009 11:44:55 AM EST
It's only on a conviction or some deals where they did not drop it to a lesser charge.

If he has an arrest record (dont we all) but was not convicted or did not plea to it, he will be fine.
Link Posted: 11/3/2009 11:45:33 AM EST
He should be ok as long as the charges were dropped and there was no conviction.

More importantly, why does the gun shop have his money? He shouldn't have paid for the gun until the background check came back as a proceed. At least, that's how it works here. (Also assuming he didn't buy online and transfer it)
Link Posted: 11/3/2009 11:48:29 AM EST
Update: The DV was pleaded down to disorderly conduct.
Link Posted: 11/3/2009 11:49:46 AM EST
DV should only apply to married couples/ people in a dating or prior dating relationship/ People who have a child/children together and not family members... This is my opinion..
Link Posted: 11/3/2009 12:18:38 PM EST
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