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Posted: 1/8/2002 5:05:04 PM EDT
[Last Edit: 1/8/2002 5:10:56 PM EDT by Juggernaut]
OK- Person at work has been bugging me to find this out for him- Can an adult in the state of TN, with a non-violent(DUI) felony, legally purchase/own a handgun? I bugged around the NRA website seeking legal confirmation, but couldn't find it. Juggernaut Edit to add-BTW, I suspect the answer is no, and probably even HELL NO, but as I said, I couldn't find it in writing. That's why I'm asking-I need documentation.
Link Posted: 1/8/2002 5:12:17 PM EDT
What is a "felony" DUI? I thought they were misdemeanors in most states...
Link Posted: 1/8/2002 5:15:11 PM EDT
Originally Posted By andrew: What is a "felony" DUI? I thought they were misdemeanors in most states...
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Good question-having never had either, I'm not sure what he means. Just said it was a "DUI felony". Hmmmmm... Juggernaut
Link Posted: 1/8/2002 5:15:14 PM EDT
Probably included the death of someone as a result of the DUI. My belief is that a felony conviction prevents you from owning a firearm. You can apply for a pardon a reasonable time after & get your rights restored.
Link Posted: 1/8/2002 5:16:58 PM EDT
Link Posted: 1/8/2002 6:09:46 PM EDT
A first time offender can frequently get a diversion program, which effectively erases the DUI from his/her record. An expungement process can be a real ball buster though. Don't ask why. Most states will only allow one expungement per person, per life time, so chose which offense to get expunged carefully....which may included offenses other than driving drunk.
Link Posted: 1/8/2002 7:55:07 PM EDT
I'd say he either killed or seriously hurt someone.If he's so damned dumb to know he shouldn't drive,he doesn't need one.
Link Posted: 1/8/2002 8:42:18 PM EDT
Not for sure because I have never had one, but I think states like Michigan have gone to an all out felony for any DUI conviction. Also, DUI's aren't reserved for just alcohol. Not saying your co worker is trash but keep in mind. Keving67
Link Posted: 1/8/2002 9:08:11 PM EDT
I am not sure, but I think the law on dui here has something to do with bac. Misdemeanor under a certain level, felony over. I'm not sure abut this either, but I believe it is a fed. law that says any felony conviction. A yes answer to the question on felony covictions on form 4473(?) negates any firearm sale. If all else fails to get you an answer that your friend will believe, take him down to the nearest ffl and have them run a check on him. On second thought, don't run a check on him. He would most likely become a stat for hci.
Link Posted: 1/8/2002 9:13:19 PM EDT
Link Posted: 1/9/2002 11:21:07 PM EDT
Originally Posted By Wolfpack:
Originally Posted By ARMALITE-FAN: I'd say he either killed or seriously hurt someone.If he's so damned dumb to know he shouldn't drive,he doesn't need one.
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I agree
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Nope. Thanks to MADD, some states now treat even simple drunk driving (blowing .09 instead of .07 on the breathalyzer) as a felony. I had a friend staying with me a few years ago who had to call in to the local cops every month as a condition of his probation because of that (he wasn't in Washington when he got nailed for it, the other state treated it as a felony even though Washington would have let him drive home).
Link Posted: 1/10/2002 3:37:39 AM EDT
3rd DUI offense is also a felony in Michigan.
Link Posted: 1/10/2002 4:37:10 AM EDT
Ok, I'm in a real hurry here, but here's what I found in the Tennessee code, Title 55 about DUI: [url]http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0[/url] 55-10-403. Penalty for violations of §§ 55-10-401 - 55-10-404 - Inpatient alcohol and drug treatment - Restricted license - Strip searches - Forfeiture of vehicles. (a) (1) Any person or persons violating the provisions of §§ 55-10-401 - 55-10-404 shall, upon conviction thereof, for the first offense be fined not less than three hundred fifty dollars ($350) nor more than one thousand five hundred dollars ($1,500), and such person or persons shall be confined in the county jail or workhouse for not less than forty-eight (48) hours nor more than eleven (11) months and twenty-nine (29) days; and the court shall prohibit such convicted person from driving a vehicle in the state of Tennessee for a period of time of one (1) year. In addition to the other penalties set out for a first offense violation, if at the time of such offense the alcohol concentration in such person's blood or breath is twenty hundredths of one percent (.20%) or more, the minimum period of confinement for such person shall be seven (7) consecutive calendar days rather than forty-eight (48) hours. The provisions of this section constitute an enhanced sentence, not a new offense. For conviction on the second offense, there shall be imposed a fine of not less than six hundred dollars ($600) nor more than three thousand five hundred dollars ($3,500), and the person or persons shall be confined in the county jail or workhouse for not less than forty-five (45) days nor more than eleven (11) months and twenty-nine (29) days, and the court shall prohibit such convicted person or persons from driving a vehicle in the state of Tennessee for a period of time of two (2) years. (continued)
Link Posted: 1/10/2002 4:37:48 AM EDT
Upon the conviction of a person on the second offense only, a judge may sentence such person to participate in a court approved inpatient alcohol or drug treatment program pursuant to subdivision (a)(4). For the third conviction, there shall be imposed a fine of not less than one thousand one hundred dollars ($1,100) nor more than ten thousand dollars ($10,000), and the person or persons shall be confined in the county jail or workhouse for not less than one hundred twenty (120) days nor more than eleven (11) months and twenty-nine (29) days, and the court shall prohibit such convicted person or persons from driving a vehicle in the state of Tennessee for a period of time of not less than three (3) years nor more than ten (10) years. Notwithstanding any other provision of law to the contrary, the fourth or subsequent conviction shall be a Class E felony punishable by a fine of not less than three thousand dollars ($3,000) nor more than fifteen thousand dollars ($15,000); by confinement for not less than one hundred fifty (150) consecutive days, to be served day for day, nor more than the maximum punishment authorized for the appropriate range of a Class E felony; and the court shall prohibit the person from driving a motor vehicle for a period of five (5) years. For the provisions of the preceding sentence to apply, at least one (1) of the violations of § 55-10-401 must occur on or after July 1, 1998. After service of at least the minimum sentence day for day, the judge has the discretion to require an individual convicted of a violation of the provisions of §§ 55-10-401 - 55-10-404 to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations for any prescribed period or to work in a recycling center or other appropriate location for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided in this section; provided, that any person sentenced to remove litter from the state highway system, public playgrounds, public parks or other appropriate locations or to work in a recycling center shall be allowed to do so at a time other than such person's regular hours of employment. _______________________________________________ That link might not be exact, but it'll get you in the neighborhood. Looks like it's not a felony until the 4th offense, assuming no other circumstances like fleeing the scene, homicide, etc.
Link Posted: 1/10/2002 4:55:10 AM EDT
TN law is irrelevant, since the Lautenberg Amendment forbids ANY person convicted of ANY kind of felony from owning/using/transferring firearms, even if it was a state crime, and not federal. A case went before the SCOTUS a while ago re two businessmen from Louisiana who had served time for felony financial crime (insider trading, embezzling, or some such). They were suing to get their rights back in order to go hunting again (Ah, yes- hunters, always wanting exceptions for themselves....[rolleyes]), on the basis that the crimes were not under the Fed statutes, and were non-violent, so the GCA of 1968 and the Lautenberg Amendment, forbidding all persons convicted of a felony from owning guns, did not apply. The Supremes ruled that, even though the crimes had been non-violent, the men could not get back their gun rights because a felony is a felony, acc. to the law. If the Feds find out that he has guns, your ex-felon pal is, barring a miracle, S.O.O.L. ......................... There was talk at my synagogue about posting "Gun Free Zone" signs. I suggested instead that we just post signs that say, "Unarmed Jews Here. Open Season." That was the last I heard about signs. - --kbs
Link Posted: 1/10/2002 10:09:51 AM EDT
Originally Posted By Juggernaut: OK- Person at work has been bugging me to find this out for him- Can an adult in the state of TN, with a non-violent(DUI) felony, legally purchase/own a handgun?I bugged around the NRA website seeking legal confirmation, but couldn't find it. Juggernaut
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NO!!!!!! A FELON is BANNED from owning (even HOLDING, technically) ANY firearm. This is a Federal law & has nothing to do with TN law. And of course even a misdemeanor conviction of domestic violence now precludes firearm ownership. And yes, I live in TN & work gunshows.
Link Posted: 1/10/2002 10:34:16 AM EDT
In Missouri your first two DWI's are Misd. the third and so on are Felony. just my 2 cents medcop
Link Posted: 1/10/2002 12:16:53 PM EDT
Originally Posted By GovtThug: Ok, I'm in a real hurry here, but here's what I found in the Tennessee code, Title 55 about DUI: [url]http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0[/url]
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Yes! Thanks, I needed a link. I figured I knew the answer, but I needed solid proof. Guess he's screwed then, unless he gets it rescinded. Thanks! Juggernaut
Link Posted: 1/10/2002 3:15:22 PM EDT
Don't keep us hanging, was it a fourth offense, or were there other crimes involved as well?
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