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Thread: Im nervous about the background check to purchase a handgun.

  1. #1
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    Im nervous about the background check to purchase a handgun.

    So I would like to purchase a handgun but the process of going theought the background check has me nervous. About 7 years ago I did something that I should not have and now have a record. It was nothing violent, I illegaly "accessed" a computer and damaged some files because I was pissed off and couldn't let it go. Anyway, I was caught, charged, but being that it was my first offense I was given the option of a pre trial diversion where I paid a fine, did some community service and the charges were dismissed. However, whenever a background check is done on me now, the two offenses show up one as a misdemeanor and one a felony. Now as I understand it, I was charged with these, but was not convicted because I met the conditions of the pre trial diversion.


    Here is what it looks like when a background check is done. So what do you think my chances are of passing the background check?



    Degree of Offense Jurisdiction Disposition Description
    FELONY DAMAGING COMPUTERS(F)
    Arrest Date Arresting Agency Court Costs Court Decision

    Offense Date File Date Sentence Date Court Decision
    2005-11-22
    Plea Probation Fine Statute
    14-455(A)
    Offense Modifier: ARRAIGNED
    Case Year: 2006
    County: DURHAM
    Case Sequence: 049581
    Case Type: CR
    Special Condition: 12 MO SUP. PROB. DISMISSED 091407
    Count: 01
    Case Number: 01310DURHAM2006CR049581
    Trial Date: 2006-08-01
    Method Of Disposition: DISMISSAL - DEFERRED PROSECUTION


    Degree of Offense Jurisdiction Disposition Description
    MISDEMEANOR ACCESSING COMPUTERS (M)
    Arrest Date Arresting Agency Court Costs Court Decision

    Offense Date File Date Sentence Date Court Decision
    2005-11-22
    Plea Probation Fine Statute
    14-454(B)
    Offense Modifier: ARRAIGNED
    Case Year: 2006
    County: DURHAM
    Case Sequence: 049581
    Case Type: CR
    Special Condition: 12 MO SUP PROB DISMISSED 091407
    Count: 02
    Case Number: 01310DURHAM2006CR049581
    Trial Date: 2006-08-01
    Method Of Disposition: DISMISSAL - DEFERRED PROSECUTION

  2. #2
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    It will still show up and will probably cause you problems, as in being placed on a hold. However, since prosecution was deffered on both charges you were not charged and convicted. I take it you agreed to do all of the things you stated, which means since you did so the charges were dropped. You will still be able to purchase a firearm, but I guaruntee you will be placed on a hold. You are extremely lucky that the charges against you were dismissed, if I were you I would go buy a lottery ticket.
    Last edited by KYGlockster; 07-20-2012 at 01:14 AM.
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    Regular Member M-Taliesin's Avatar
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    Quote Originally Posted by Eamus Catuli View Post
    About 7 years ago I did something that I should not have and now have a record. It was nothing violent, I illegaly "accessed" a computer and damaged some files because I was pissed off and couldn't let it go.
    Howdy Pardner!
    So my natural question is; what happens the next time you get "pissed off" and "Can't let it go" when you have a handgun at the ready?

    I don't mean to bust your chops, but that isn't what I'd like to see for somebody hoping to buy a gun.

    Blessings,
    M-Taliesin

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    Regular Member lysander6's Avatar
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    Eamus,

    I recommend you never darken the door of an FFL gun store for firearms purchases and simply use the classifieds and backpage. Like CPAs and banks being creatures of the IRS, ALL FFL gun dealers are first and foremost contract employees (unpaid unless they are CIs) of the BATFE.

    Stay out of the system.
    Last edited by lysander6; 07-20-2012 at 11:15 AM.
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    You won't know until you try. Answer the questionaire truthfully. The worst that they can do is say no and you won't be able to buy a gun. Right now, you're asking questions and worrying about it, and... you're not buying a gun.
    Hoka hey

  6. #6
    Regular Member WalkingWolf's Avatar
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    From what I see you made a plea deal that actually means you plead guilty to a felony conviction. That conviction was set aside after you completed the terms of your probation, BUT it is still a conviction. You should get an attorney and get it expunged if you can show you have changed your ways. But it still is a conviction but will not show on records, and you could get in trouble for not divulging it on state and federal forms.

    Depending on your current state you may be able to purchase cap and ball revolvers without any check and may be legal for you to own. I am not so sure about OCing though. You probably would still get arrested if challenged by a LEO, then it would be up to the court to decide if you had the right to bear arms with a felony conviction.

    Check your state laws.

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    Im in the same boat. I get a proceed response everytime, no wait. Except during Christmas but I also have a common name and it was Christmas so....

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by mustangkiller View Post
    Im in the same boat. I get a proceed response everytime, no wait. Except during Christmas but I also have a common name and it was Christmas so....
    You have a felony or someone with the same name does?

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    Regular Member porterhouse83's Avatar
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    Quote Originally Posted by M-Taliesin View Post
    Howdy Pardner!
    So my natural question is; what happens the next time you get "pissed off" and "Can't let it go" when you have a handgun at the ready?

    I don't mean to bust your chops, but that isn't what I'd like to see for somebody hoping to buy a gun.

    Blessings,
    M-Taliesin
    I disagree with your post entirely and find it uncalled for. He did nothing violent so I do not see your question as valid. He still has the right to buy a gun. Rights are rights.

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    This is the biggest problem I have with prohibiting all felons from owning guns for their whole life. People who do some dumb, non-violent stuff, especially when their young, get totally screwed forever. Hack some computers or write some bad checks when you're 18 and you still lose the ability to defend yourself at 55.

  11. #11
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by WhatTimeIsIt? View Post
    This is the biggest problem I have with prohibiting all felons from owning guns for their whole life. People who do some dumb, non-violent stuff, especially when their young, get totally screwed forever. Hack some computers or write some bad checks when you're 18 and you still lose the ability to defend yourself at 55.
    I agree with you, but you do realize that the feds left out antique firearms for a reason. Without a out for self defense for everybody they knew the were open to challenge, IMO. The problem is that some states has taken even that option away. Most felons can purchase and posses cap and ball revolvers, which are very capable. Some states have laws that outlaw there possession by a felon, some states have laws that felons cannot carry a antique firearm.

    I carry a 1858 when in GFSZ and cartridge firearms the remainder of carry. I have complete trust in all of my black powder firearms. Keep in mind not to spend too much money on fancy cap and ball for carry. If a incident arises and a person uses the firearm in self defense it will most likely be seized not cleaned and a piece of junk within a week.
    Last edited by WalkingWolf; 07-21-2012 at 01:13 PM.

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    Quote Originally Posted by WhatTimeIsIt? View Post
    This is the biggest problem I have with prohibiting all felons from owning guns for their whole life. People who do some dumb, non-violent stuff, especially when their young, get totally screwed forever. Hack some computers or write some bad checks when you're 18 and you still lose the ability to defend yourself at 55.
    I agree. The concept that a felony charge is blanket disapproval for buying a firearm is ludicrous. I don't mind qualifiers being out there, but only if they're targeting potentially violent behavior, as in aggravated assault, rape, attempted murder, murder, etc.

    White collar crimes are crimes, yes, but they're not violent. Someone who dipped from the office till is no more likely to commit a crime with a firearm than anyone in the general populace.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Regular Member Redbaron007's Avatar
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    WOW....I think you have a kettle of fish to sort out. The simplest thing is to try and purchase one; then if you are denied or on hold....you know your course to follow.


    Good luck and keep us posted. Very interesting.
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    As I said as far as I understand it, those charges were dismissed because i followed through with the conditions of the pre trial diversion. I paid a fine, did some community service, and as a result of doing this, the charges were dismissed. I am not a convicted felon.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Eamus Catuli View Post
    As I said as far as I understand it, those charges were dismissed because i followed through with the conditions of the pre trial diversion. I paid a fine, did some community service, and as a result of doing this, the charges were dismissed. I am not a convicted felon.
    You better be sure about that, it could also vary from state to state. My understanding from our local magistrate is it is a conviction, and there are only two ways to change this. A court ruling reversing the decision, as in an winning a appeal, or a pardon. Even if you are really dismissed and you do not report on the federal form you will have committed another felony. Try it with admitting your conviction and explain the dismissal, and go from there, whatever do not lie on the form.

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    Quote Originally Posted by WalkingWolf View Post
    You have a felony or someone with the same name does?
    I have two felonies and two misdemeanors. No expungement or sealing of records required.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by mustangkiller View Post
    I have two felonies and two misdemeanors. No expungement or sealing of records required.
    Do you disclose the felonies on the 4473 form?

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    Quote Originally Posted by WalkingWolf View Post
    Do you disclose the felonies on the 4473 form?
    No, my adjudication was withheld on all 4 charges. The only time I'm required to say yes is when the feds ask if I've ever been on probation for or plead nolo contendre to a felony.

  19. #19
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by mustangkiller View Post
    No, my adjudication was withheld on all 4 charges. The only time I'm required to say yes is when the feds ask if I've ever been on probation for or plead nolo contendre to a felony.
    Good luck...

    OK I went back and read a 4473, in the instructions it does say to put a "no" response to 11c if the person convicted of a felony has had that felony pardoned, set aside, or expunged. Dismissed after completion of probation IMO would be expunged, the OP should have no problems though people with perfect records get delayed, it's not uncommon. OP probably should be prepared to be delayed, and then approved.
    Last edited by WalkingWolf; 07-22-2012 at 03:40 PM.

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    other than honerable

    i have a cousine who when he was 18, just didnt like the army and was homesick.
    he went awol for 2 weeks, then went back. he got an other than honerable discharge.
    he has never comitted a crime in his whole life. now 70 yrs old. but cant buy a gun.
    i think this is wrong. it wasnt in time of war. they should give him a break. what say?

  21. #21
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by bellyfat View Post
    i have a cousine who when he was 18, just didnt like the army and was homesick.
    he went awol for 2 weeks, then went back. he got an other than honerable discharge.
    he has never comitted a crime in his whole life. now 70 yrs old. but cant buy a gun.
    i think this is wrong. it wasnt in time of war. they should give him a break. what say?
    He can have the status of his discharge changed. The law is for dishonorable discharge, if medical discharge is not for mental one can still purchase and possess firearms.

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    Quote Originally Posted by lysander6 View Post
    Like CPAs and banks being creatures of the IRS, ALL FFL gun dealers are first and foremost contract employees (unpaid unless they are CIs) of the BATFE.
    As an FFL I take exception to that statement. ATF doesn't get to just walk through our records except for the annual compliance inspection, which is mandated by law. Otherwise the LE agencies that want to see our records need a warrant.
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    Quote Originally Posted by bcr229 View Post
    As an FFL I take exception to that statement. ATF doesn't get to just walk through our records except for the annual compliance inspection, which is mandated by law. Otherwise the LE agencies that want to see our records need a warrant.
    In essence, your claim is that all your record-keeping and compliance with the Federal government agency for a de facto and de jure firearms registry has none of the aforementioned qualities?

    You can refuse access to your records to any LE you wish?

    You will comply with any inspection requirement they have because the very existence of your business is the pleasure of the government.

    They can make you do anything to stay in business so matter how ludicrous like the long gun registry in the SW: http://www.thetruthaboutguns.com/201...-back-in-play/

    Bad laws were meant to be broken.

    I stand by my recommendation to never do business with an FFL dealer.
    Gun Control is Mind Control.

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    I agree.
    Absent a special order firearm, one that is unattainable in the private sale market or if your state forbids private sales, I see no compelling reason to use an FFL. If one values their liberty and/or privacy, that is.

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    "dismissed".
    It takes a village to raise an idiot.

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