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Posted: 12/22/2001 3:56:59 PM EDT
[Last Edit: 12/22/2001 5:40:06 PM EDT by Backup]
Tryed to buy a pistol here in WA. and was denied do to a felony conviction from 25 years ago.I got busted with some pot. Didn't know it was a felony. With the denial form it stated that I can't possess firarms. Will they come and take my guns????? I'm not a crook and I don't smoke anything.Have never been in jail. Feel very strange right now.
Link Posted: 12/22/2001 4:02:47 PM EDT
Well, your spouse should become a HUGE firearms enthusiast. You should become a second amendment activist.
Link Posted: 12/22/2001 4:07:39 PM EDT
If the BATF follows the law you can be tried and sent to prison for 10 years for attempting to buy a firearm. What I'm guessing is that the pot conviction was a misdemeanor when you were busted and it recently changed to a felony, and your conviction was bumped up to a felony conviction at the same time. That's not very fair, but who said anything about the law being fair.
Link Posted: 12/22/2001 4:21:02 PM EDT
Get an attorney and attempt to have a judge set the conviction aside. How old were you at the time of conviction? This will have some pertinance if a judge will consider it. You can also attempt to have your gun rights restored but an attorney should be used. Should have purchased a handgun privately. With the passage by the Klinton administration of restrictions in gun ownership, persons who may have had a misdemeanor conviction in their past were denied the ability to own firearms retroactivly no matter how many years had passed, and regardless as to whether the "crime" denied the person the ability to possess firearms at the time of the "conviction" (i.e. ticket, citation, civil infraction) (couldn't get spell check to function so please forgive any errors in spelling)
Link Posted: 12/22/2001 4:31:00 PM EDT
You might also think about removing all firearms to another location since you are technically a "felon in possession of firearms". As per Redmanfms you can be charged with "lying" on the 4473 and attempting to buy a firearm. You need to talk to a lawyer...
Link Posted: 12/22/2001 5:01:46 PM EDT
Regardless of which side of the line you fall upon, it really is best for a man to know exactly where he stands. If nothing else, at least now you know you need to explore your legal options as well as exercise caution and be wary when doing anything with your guns. A co-worker of mine managed to get an old conviction expunged from his record so that he is able to legally buy, own, and posses firearms once again. It can be done, especially for minor offenses during a foolish youth.
Link Posted: 12/22/2001 5:14:07 PM EDT
Link Posted: 12/23/2001 3:07:53 AM EDT
Originally Posted By Big_Bear: One thing that helped her is that she had voted in nearly every election her entire adult life and we all know felons can't vote so there must be some mistake and her record was cleared.
View Quote
Man, in our state that's not true. Everyone can vote; especially illegal aliens.
Link Posted: 12/23/2001 5:00:52 AM EDT
Most people, me included, feel strongly that criminals i.e. malicious and harmful people that have been lawfully found malicious and harmful, should not own firearms lawfully or otherwise. Some in your mold don't fit this narrow definition of criminal and I and others feel you should not be deprived of lawful and peaceful ownership of firearms especially for home defense. The good news and the bad news is mixed: Lawyers are abundant and look into the black powder loop hole. From what I can ascertain black powder firearms are excluded from the Brady bill and while I have little personal experience, the specs are impressive for double barreled muzzle loaded shotguns and .45 revolvers. Should be adequate for home defense. Caveat - the laws differ by each state. Also note for the future that this site is monitored by authorities.
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