Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 3/28/2006 12:00:54 PM EDT
[Last Edit: 3/28/2006 12:01:30 PM EDT by john575]
A friend of mine got into some trouble and may have a aggravated misdemeanor charge for assult. Its not domestic abuse. Can he still purchase a firearm? I looked on a 4473 form and I don't know what to tell him. Any thoughts. Serious answers only please. Thanks.
Link Posted: 3/28/2006 12:07:04 PM EDT
What is the maximum jail term?
Link Posted: 3/28/2006 12:08:49 PM EDT
2 years
Link Posted: 3/28/2006 12:10:55 PM EDT

Originally Posted By john575:
2 years



Could be a problem.
Link Posted: 3/28/2006 12:35:55 PM EDT
Does he know for sure if he has a charge against him?

Is this something old or a recent event?

Typically any crime that carries a year or more of jail sentence precludes purchase of a firearm, as I understand it.

His best bet would be to submit a letter to BATFE and request a written opinion.

Just my .02
Link Posted: 3/28/2006 12:37:30 PM EDT
Felons cant buy guns.

You said aggrivated misdemeanor, not felony.
Link Posted: 3/28/2006 12:41:29 PM EDT

Originally Posted By Waldo0506:
Felons cant buy guns.

You said aggrivated misdemeanor, not felony.



There is a bit more to it than that.
Link Posted: 3/28/2006 12:42:43 PM EDT
Is he CHARGED or CONVICTED with an aggrivated misdemeanor?

If he is just charged then he can maybe try for a plea in exchange for a lesser conviction.
If he was found guilty then he is probably screwed.
If he has self control issues.....maybe he should just leave things be....


Originally Posted By john575:
A friend of mine got into some trouble and may have a aggravated misdemeanor charge for assult. Its not domestic abuse. Can he still purchase a firearm? I looked on a 4473 form and I don't know what to tell him. Any thoughts. Serious answers only please. Thanks.

Link Posted: 3/28/2006 12:43:01 PM EDT
[Last Edit: 3/28/2006 12:43:34 PM EDT by Combat_Jack]


IIRC, a misdemeanor which carries a jail term greater than one year is also a disqualifier.
Link Posted: 3/28/2006 1:07:53 PM EDT
long story short a guy grabbed him threatend him and was shoving him he hit the guy gave him a black eye and a few stiches and was charged with felony assault and the deal is the aggravated misdemeanor. I looked and its a state misdemeanor and the 4473 says it is excluded. Local PD's will still hire after 5 years pass by. Kinda sucks cause he was the one attacked but the choice is to fight the felony and maybe lose.
Link Posted: 3/28/2006 1:16:07 PM EDT

Originally Posted By john575:
long story short a guy grabbed him threatend him and was shoving him he hit the guy gave him a black eye and a few stiches and was charged with felony assault and the deal is the aggravated misdemeanor. I looked and its a state misdemeanor and the 4473 says it is excluded. Local PD's will still hire after 5 years pass by. Kinda sucks cause he was the one attacked but the choice is to fight the felony and maybe lose.


So he was defending himself and was charged? Either there is more to the story, or his lawyer needs to lay off the sauce.
Link Posted: 3/28/2006 1:23:46 PM EDT
If he got charged with a crime, he obviously screwed up. This is why it's a good idea to keep a low profile when defending yourself. Witnesses can say anything, doesn't matter if you're in the right. My opinion is that somebody convicted of any violent crime (direct physical violence against a person) shouldn't own a gun. The law may say differently. I'd advise this person to talk to a lawyer, these laws can vary on the state/local level (he might be prohibited from gun ownership by local laws) and you probably won't get a clear answer from the BATFE. My understanding of federal law on the matter (Brady Bill) is that you're disqualified if you are a convicted felon (permanently), in addition to being disqualified if you've been using illegal drugs/are an addict/alcoholic and are disqualified if you are mentally ill (retarded, bipolar, etc). How they'd have a record on wether or not you're mentally ill or have been using drugs (without a conviction), I don't know.
Link Posted: 3/28/2006 1:34:25 PM EDT
I found this any insight?

Link Posted: 3/28/2006 1:40:53 PM EDT
Cool beans.

Bob, your post is a little... I don't know what to say. It is very easy to be prosecuted in some jurisdictions. And the fact that someone is indicted or arrested does not mean they are guilty. Furthermore, if people are going to be prosecuted for assault when they defended themselves, barring them from gun ownership is a little out of line.
Link Posted: 3/28/2006 1:45:23 PM EDT
The guy has 0 record does not drink or do drugs. Just walked into a confrontation and was grabbed shoved even 1 witness says he was shoved but police said his response was not justified.
Link Posted: 3/28/2006 1:48:06 PM EDT

Originally Posted By john575:
The guy has 0 record does not drink or do drugs. Just walked into a confrontation and was grabbed shoved even 1 witness says he was shoved but police said his response was not justified.



Of course the police say that. Lawyer up!
Link Posted: 3/28/2006 1:54:23 PM EDT

Originally Posted By Combat_Jack:
Cool beans.

Bob, your post is a little... I don't know what to say. It is very easy to be prosecuted in some jurisdictions. And the fact that someone is indicted or arrested does not mean they are guilty. Furthermore, if people are going to be prosecuted for assault when they defended themselves, barring them from gun ownership is a little out of line.



I agree that it is very easy to be prosecuted and I know innocent people sometimes get arrested for doing the right thing. I meant he messed up in that he got noticed (as in getting arrested in the first place). I had a lot of trouble with people in my old neighborhood and I have had to defend myself on occasion. I had to ensure no witnesses were around because if there were, every time, people would make me out to be the bad guy. If I had defended myself every time it was justified, I would have probably ended up in jail, even though I was in the right. The most successful instances of self-defense are the ones nobody has to find out about, as in situations that resolve themselves without needing outside involvement. My experience with LE, however, is that they aren't generally going to handcuff you/place you under arrest just for fun. I've been questioned by police before (as in an officer pulling up to me and asking me what i'm doing, etc), I've never been handcuffed, arrested or anything like that.
Link Posted: 3/28/2006 2:01:47 PM EDT

Originally Posted By Combat_Jack:

IIRC, a misdemeanor which carries a jail term greater than one year is also a disqualifier.



Misdemeanor charges are up to a year in jail. Felonies are a year or more in prison.
Link Posted: 3/28/2006 2:04:49 PM EDT
[Last Edit: 3/28/2006 2:06:27 PM EDT by Combat_Jack]

Originally Posted By BIKECOP29:

Originally Posted By Combat_Jack:

IIRC, a misdemeanor which carries a jail term greater than one year is also a disqualifier.



Misdemeanor charges are up to a year in jail. Felonies are a year or more in prison.



Not in all states. Washington, for instance, has two year misdemeanors, while Massachusetts classifies all offenses carrying the punishment of imprisonment as felonies.

BTW, I was wrong. It is less than two years, not one. So this guy should be GTG when he gets out.

Also, we should all remember that it merely takes Probable Cause to arrest, but they must prove beyond a reasonable doubt to convict.

And IMO, get an expensive lawyer. Not a public defender.
Link Posted: 3/28/2006 2:05:05 PM EDT

Originally Posted By john575:
I found this any insight?

img529.imageshack.us/img529/5210/atfform44731pg38ld.gif



+1, good link. That's what i've seen published elsewhere. You'd have to find out wether or not he was charged with a state or a federal misdemeanor and what the particular local/state laws are in his area.
Link Posted: 3/28/2006 2:20:54 PM EDT

Originally Posted By Combat_Jack:

Originally Posted By BIKECOP29:

Originally Posted By Combat_Jack:

IIRC, a misdemeanor which carries a jail term greater than one year is also a disqualifier.



Misdemeanor charges are up to a year in jail. Felonies are a year or more in prison.



Not in all states. Washington, for instance, has two year misdemeanors, while Massachusetts classifies all offenses carrying the punishment of imprisonment as felonies.

BTW, I was wrong. It is less than two years, not one. So this guy should be GTG when he gets out.

Also, we should all remember that it merely takes Probable Cause to arrest, but they must prove beyond a reasonable doubt to convict.

And IMO, get an expensive lawyer. Not a public defender.



Damn. Didn't know that. 2 years for a misdemeanor is pretty f**ked up.
Link Posted: 3/28/2006 6:53:39 PM EDT
In some places'first one to the prosecutor is the victim'. Look at my stitches..he must be a bad guy who needs to be in jail
Link Posted: 3/28/2006 8:49:26 PM EDT
Washington, for instance, has two year misdemeanors

This is not true. Read the WA Revised Code of Washington below.

RCW 9A.20.021
Maximum sentences for crimes committed July 1, 1984, and after.
(1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:

(a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine;

(b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine;

(c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine.

(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.

(3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine.


(4) This section applies to only those crimes committed on or after July 1, 1984.

Link Posted: 3/28/2006 8:56:55 PM EDT

Originally Posted By hausy:
Washington, for instance, has two year misdemeanors

This is not true. Read the WA Revised Code of Washington below.






Hey, I need to check my notes. I know there was a state out there with two year misdemeanors. Boy, I've been wrong a lot in this thread.
Link Posted: 3/28/2006 10:38:44 PM EDT
Iowa has a 2 year misdemeanor
simple
serious
aggravate­d-2year
then to felonies
D
C
B
A if i'm not mistaken.
Link Posted: 3/29/2006 6:05:49 PM EDT
The USC Title states that state misdemeanors punishable by two years or less are not a disqualifier to purchasing a firearm. Had it been a federal misdemeanor, and had the maximum punishment been two years, then he would have been disqualified.

FYI...in Texas, a person convicted of a felony still can own a firearm on his/her own property once five years has passed since the date of discharge of their sentence. Texas also has 5 felony classifications and three misdemeanor classifications. They are as follows:

Capital Felony - Death Penalty or life without parole
1st Degree - Max. life
2nd Degree - 5 to 99, or life
3rd Degree - 2 to 10
State Jail Felony - max. 2 year

Class A Misdemeanor - max. 1 year
Class B Misdemeanor - max. 6 mos.
Class C Misdemeanor - fine, but jail if you don't pay it
Top Top