Denied by NICS - can spouse own weapons?

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[ARCHIVED THREAD] - Denied by NICS - can spouse own weapons?

Posted: 10/25/2004 3:46:20 PM EDT

I was recently denied the purchase of a firearm by the NICS database. It turned out to be a felony for drug possesion from my military days. I had not realized that my particular crime was a felony (Stupid me) .

Question. My wife has a spotless record. Can she legally purchase and own guns? Are they legal to be in our house considering my Felony conviction?

Any response would be greatly apprieciated!!!!

Posted: 10/25/2004 3:49:41 PM EDT

[#1]

You didn't know you were charged with either a felony or a misdemeanor? You were convicted of a felony and you didn't know it? Um, I don't believe a felon can reside in any house that has a firearm, even if someone else in that same house has a clean record.

Posted: 10/25/2004 4:30:12 PM EDT

[#2]

You're fucked.

Can you get the conviction off of your record?

Posted: 10/25/2004 4:33:53 PM EDT

[#3]

Actually I don't think that's true. G.Gordon Liddy's WIFE owns a bunch of guns..:)

Quoted:
You didn't know you were charged with either a felony or a misdemeanor? You were convicted of a felony and you didn't know it? Um, I don't believe a felon can reside in any house that has a firearm, even if someone else in that same house has a clean record.

Posted: 10/25/2004 4:37:51 PM EDT

[#4]

Yeah, she can own guns but you can't even touch them. Probably shouldn't be in the room with them.

I'm surprised a UCMJ conviction would show up. You should do everything possible to get it expunged.

BTW, I'm not a lawyer, don't play one on TV and hate 'em anyway.

Why won't sharks eat lawyers?
1. Professional courtesy
2. They don't eat their own kind.

Posted: 10/25/2004 4:41:44 PM EDT

[#5]

Regardless of if SHE can purchase or own them YOU still cant legally be in possesion of them. And as far as the felony conviction goes i call>>>

I think you would know about it.

Posted: 10/25/2004 4:44:04 PM EDT

[#6]

Straw Purchase?

Danny

Posted: 10/25/2004 7:33:10 PM EDT

[#7]

At the time I was told it was a Federal Conviction. I've always wondered if it was a Felony. I actually spent 6 mo's in Military confinement for it, but the sentance was 18 months (Felony?).

I still don't know for sure, I won't until I query the FBI for the denied reason. It has to be related to the UCMJ. There's nothing else in my past that would be even close.

IS it possible to get a conviction for a past offense expunged. I really am ignorant of these matters. It's been over 10 years and I haven't hardly had a traffic ticket.

Thanks for the Input guys. This is a fantastic site!

Posted: 10/26/2004 10:24:48 AM EDT

[#8]

If you get the felony expunged, you still have to petition the BATFE for your firearms rights back. As of 1997, none of their budget, is allocated towards this particular department. So, this means they don't have a dept. to which you direct your petition. You are screwed.

Posted: 10/26/2004 10:44:52 AM EDT

[#9]

If you came back to my shop with your wife, and I didn't know you personally, I would hesitate to sell it to you and have your bride fill out the 4473.

The form states on question 12a. Are you the actual buyer of the firearm(s) listed on the form?

So, your bride would be committing a felony by answering yes to question 12a.

Get your name cleaned up and then go back for the purchase.

Posted: 10/26/2004 11:16:07 AM EDT

[#10]

Quoted:
If you get the felony expunged, you still have to petition the BATFE for your firearms rights back. As of 1997, none of their budget, is allocated towards this particular department. So, this means they don't have a dept. to which you direct your petition. You are screwed.

I remember a couple of years ago there was an effort to get funding for this, and VPC or Brady succesfully came out with a lawsuit to stop it or something to that effect. Does anybody know the real story behind this?

Posted: 10/26/2004 11:24:57 AM EDT

[#11]

Quoted:
I was recently denied the purchase of a firearm by the NICS database. It turned out to be a felony for drug possesion from my military days. I had not realized that my particular crime was a felony (Stupid me) .

Question. My wife has a spotless record. Can she legally purchase and own guns? Are they legal to be in our house considering my Felony conviction?

Any response would be greatly apprieciated!!!!

Why would put your wife in that position? Further, why is this thread still open?

Consult your attorney.

Posted: 10/26/2004 11:45:35 AM EDT

[#12]

A partial answer:

". . . it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm which could be easily concealed on the person, in personal effects or in an automobile."

From Oklahoma Statutes

Posted: 10/26/2004 11:56:55 AM EDT

[#13]

Quoted:
A partial answer:

". . . it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or in which the person is riding as a passenger, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm which could be easily concealed on the person, in personal effects or in an automobile."

From Oklahoma Statutes

There's your answer ^^

And as this is too close to discussing "straw purchases" I am locking this thread.

Welcome to the site, but questions of this type are bad news, and cannot be allowed. Thanks for understanding.

Posted: 10/26/2004 11:57:19 AM EDT

[#14]

See post--discusses straw purchases.

[ARCHIVED THREAD] - Denied by NICS - can spouse own weapons?

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