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Thread: if i had a dui and amissemeanor traffic under 8oz in kentucky will i not pass ncis IN

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    if i had a dui and amissemeanor traffic under 8oz in kentucky will i not pass ncis IN

    i live in indiana but i got a dui on marijiana and Had 5 oz in my car it said on the paperwork punishment 365 days in jail conditionally discharged if i went thru drugclasses etc. so will that make me not pass background check in indiana?

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    Quote Originally Posted by Steve Point O View Post
    i live in indiana but i got a dui on marijiana and Had 5 oz in my car it said on the paperwork punishment 365 days in jail conditionally discharged if i went thru drugclasses etc. so will that make me not pass background check in indiana?
    If your crime (it was a crime) could have carried a sentence over one year (whether it did or not), you lost your RKBA. There are ways to get it back. However, that crap is too complicated for me to comprehend, yet explain. Talk to a lawyer.


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    dui

    Junkies should never be allowed to KABA

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    Was the case dismissed after your drug therapy was completed?

    These minor drug offenses should have nothing to do with your RKBA IMO.

    The gov't could make jaywalking a felony ....

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    I really think you should invest some money with a good attorney that is familiar with these kinds of cases to answer your questions.
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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Steve Point O
    i got a dui on marijiana and Had 5 oz in my car
    You are a prohibited person because of your use of iillegal drugs.
    The punishment for the DUI being a year, or more, or less, doesn't matter.

    See question 11e on the 4473.
    "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, narcotic drug, or any other controlled substance?"

    Then see the top of page 2, where it reminds you that giving a false answer is a federal felony.

    So unless you somehow convince the ATF or FBI that you're no longer a druggie, you are no longer legally allowed to possess a firearm or ammunition. (Both of those are federal felonies too, when you're a prohibited person.)
    Last edited by MKEgal; 01-19-2014 at 12:15 AM.
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    Quote Originally Posted by MKEgal View Post
    You are a prohibited person because of your use of iillegal drugs.
    The punishment for the DUI being a year, or more, or less, doesn't matter.

    See question 11e on the 4473.
    "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, narcotic drug, or any other controlled substance?"

    Then see the top of page 2, where it reminds you that giving a false answer is a federal felony.

    So unless you somehow convince the ATF or FBI that you're no longer a druggie, you are no longer legally allowed to possess a firearm or ammunition. (Both of those are federal felonies too, when you're a prohibited person.)
    It doesn't matter what the punishment was. It matters what it could have been. If the judge could've sentenced him to more than a year, even if he didn't, that makes the offense one for which someone becomes a prohibited person for having been convicted.

    I don't know what the maximum sentence is for the exact charges for which he was convicted. Hell, we can't even be sure of what the convictions are. A lawyer can sort that out.

    On the drugs, the question is asked in the present tense. If he no longer unlawfully uses drugs, his lawyer may well advise him to truthfully answer no.

    He needs to talk to a lawyer.
    Last edited by eye95; 01-19-2014 at 08:11 AM.

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    Regular Member MKEgal's Avatar
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    Apparently I should have been clearer.

    Having been convicted of something for which the potential punishment includes more than a year in jail is one disqualifier.
    Using illegal drugs is another disqualifier.

    Since he's admitted the illegal drug use, it doesn't matter if the punishment for his DUI conviction is a fine or 10 years in federal prison, and it doesn't matter if he gets it pardoned or expunged - he is still considered to be a user of illegal drugs.

    And he can't buy or possess firearms or ammo because of the drugs, completely separate from the conviction he's asking about (which may have a punishment of more than a year in jail, but we don't know that yet).

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    Indiana code online
    http://www.in.gov/legislative/ic/2010/

    90-30-5-1 DUI is a class C misdemeanor
    http://www.in.gov/legislative/ic/201.../ar30/ch5.html

    35-50-3-4 the penalty for a class C misdemeanor is 60 days in jail &/or a $500 fine.
    http://www.in.gov/legislative/ic/201...5/ar50/ch3.pdf

    So if Indiana uses the regular federal NICS check and doesn't impose any stricter state sanctions, the DUI would not prevent you from passing the background check.

    The fact that it's a drug crime should prohibit passing a NICS check.
    And the fact that you are an admitted user of illegal drugs does mean that you can't legally possess a firearm or ammunition.

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    Quote Originally Posted by MKEgal View Post
    Apparently I should have been clearer.

    Having been convicted of something for which the potential punishment includes more than a year in jail is one disqualifier.
    Using illegal drugs is another disqualifier.

    Since he's admitted the illegal drug use, it doesn't matter if the punishment for his DUI conviction is a fine or 10 years in federal prison, and it doesn't matter if he gets it pardoned or expunged - he is still considered to be a user of illegal drugs.

    And he can't buy or possess firearms or ammo because of the drugs, completely separate from the conviction he's asking about (which may have a punishment of more than a year in jail, but we don't know that yet).
    Again, the question does not ask if one has ever used drugs. It asks, in the present tense, if one IS a drug user. If one is not currently a drug user, IMO, he should answer the question, in all honesty, no.

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    The English language pluperfect/past-perfect tense is defective compared to other languages.

    One cannot un-abuse drugs as one cannot un-ring a bell, it is an accomplished fact. Otherwise this case is of IS a drug abuser only with the needle in.
    Last edited by Nightmare; 01-19-2014 at 05:49 PM.
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    I do not teach any longer. I am not a teacher. I WAS a teacher. A person who has not abused drugs in a while is not a drug abuser. He WAS a drug abuser.

    How long is that while? I don't know. However, if the person answering the question truly believes that he is no longer a drug abuser, he can answer no, and he is being honest, not to mention is not committing perjury.

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    Quote Originally Posted by MKEgal View Post
    You are a prohibited person because of your use of iillegal drugs.
    The punishment for the DUI being a year, or more, or less, doesn't matter.

    See question 11e on the 4473.
    "Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, narcotic drug, or any other controlled substance?"

    Then see the top of page 2, where it reminds you that giving a false answer is a federal felony.

    So unless you somehow convince the ATF or FBI that you're no longer a druggie, you are no longer legally allowed to possess a firearm or ammunition. (Both of those are federal felonies too, when you're a prohibited person.)
    I think it would be difficult to imagine the huge number of gun owners across Indiana and the country who should have been denied if the intent of that question is to identify anyone who had ever used any controlled substance at any time in their life in an unlawful manner, which, and correct me if I'm wrong, would include taking any narcotic medication outside the very specific instructions of one's doctor. (Wouldn't that make someone an "unlawful user"?)
    In the millions, maybe?
    Just thinking out loud.

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    Keep thinking. You are good at it.


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    Thank you, eye. I try.

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    The OP isn't to interested. 1 post and he is gone.
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    I seriously question anyone wanting to keep and bear arms after partaking of a drug whose proponents have repeatedly attested it renders them "without a care in the world."

    Very bad juju.
    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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    I don't mind the use of weed - which is really no worse than alcohol, yet is illegal - so much as the DUI. That shows me a troubling lack of good judgment that makes me hope you never have a firearm.
    Last edited by DaveT319; 03-11-2014 at 05:32 PM.

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    A bit off topic, but how does this have 5,490 views since Jan 2014? Is this a forum glitch?

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    I am in no way an expert. Not an expert here.

    But were you convicted of any felonies?

    If not - then most likely I think you will be ok.

    Whether or not you are disqualified for using drugs is up in the air in my mind. (not an expert)
    Just because you have previously used something certainly is not evidence/testament of your current situation.

    Perhaps you may need to show that you have reformed, Maybe take classes for drugs, and gun safety.
    Get a sponsor if you need it. Find and get involved with religion if that works for you.

    I agree that a lawyer would be able to consider this issue most deeply
    but I also understand that a lawyer may be very expensive.
    Give one a call and ask if they could give you some legal advice and explain to them your financial situation and see if they have any less expensive legal services available.

    Good luck.

    I would hope that you work on leaving a trail of responsible actions, such things as sobriety, therapy, safety training, Narcotics Anonymous/12 step program.

    If you don't have a problem, it may still seem like a lot of effort to demonstrate this, but if preserving and keeping your rights is important to you, then work towards that.

    CYA = Cover Your ..Self*

    Do what it takes to paint yourself in the light you wish to be seen.
    Don't take legal risks. Don't travel with illegal things.
    Even if you disagree with why/how they are illegal.

    I don't walk around OCing here in NJ - I can't afford the consequences
    and the legal expenses/challenges that I would face.

    Exercising your rights with out legal ramifications may be about demonstrating your restraint and ability to be responsible and in control.


    Apologies if this is all completely off base and in err.

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    Quote Originally Posted by since9 View Post
    I seriously question anyone wanting to keep and bear arms after partaking of a drug whose proponents have repeatedly attested it renders them "without a care in the world."

    Very bad juju.
    Hmmm, yes.. I wonder that this line of thought is a bit precarious.

    I don't think it is accurate to generalize that ALL people who do any-one-thing are inherently irresponsible.

    I don't enjoy the generalizations leveled at myself as a proud firearm and human rights enthusiast.

    Certainly using and handling firearms while intoxicated is a serious action that is not to be done.

    But I think this statement quoted throws the baby out with the bath water.


    Different people have different reactions to drugs. Some people get drunk quicker than others.
    Not even all sober people are perfectly responsible and innocent of recklessness.
    Some people lock up their guns when they may be drinking whiskey.
    Should they be considered irresponsible?

    Some people are using 'weed' to avoid starvation during cancer treatment or to cope with extreme pain.

    Also to my opinion, that anecdotal description [..it renders them "without a care in the world."] sounds more applicable for a heroin junkie than a stoner, as marijuana users are reported to drive more slowly and safely than drunk drivers and in fact drunkenness is often considered the closest analogy for marijuana intoxication.

    I would think that choosing the statisticly SAFEST, LEAST LETHAL drug in the human pharmacopoeia
    would promote them to demonstrating more "care in the world" than users of any other drug of choice.

    In fact even caffeine or aspirin kill more people yearly than Cannabis Sativa.

    Certainly I do not propose to generalize the converse - that all pot smokers are responsible.
    But I think there may responsible people in many camps.

    Historicly our founding fathers were exceedingly friendly and familiar with weed/marijuana/cannabis/hemp.
    no less than George Washington himself is quoted as having said: "Make the most you can of the Hemp seed and sow it everywhere."

    and Tom Jefferson:
    "Hemp is of first necessity to the wealth & protection of the country."
    For a long time most bibles, newspapers, oil for paints, ropes, sails, and many other things were made of marijuana hemp.

    Van Gogh's paintings were most probably painted on hemp canvas with hemp oil paints.

    Excuse my ramble and apologies if I dragged the post off subject.
    Last edited by DanNabis; 03-29-2014 at 08:34 PM. Reason: I missed -"it is accurate" in first paragraph.

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