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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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Junkies should never be allowed to KABA
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 ....
I really think you should invest some money with a good attorney that is familiar with these kinds of cases to answer your questions.
Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics firstname.lastname@example.org
Any and all spelling errors are just to give the spelling Nazis something to do
You are a prohibited person because of your use of iillegal drugs.Originally Posted by Steve Point O
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; 01-18-2014 at 11:15 PM.
Originally Posted by MLK, JrOriginally Posted by MSG LaigaieOriginally Posted by Proverbs 27:12Originally Posted by Proverbs 31:17
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 07:11 AM.
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).
Indiana code online
90-30-5-1 DUI is a class C misdemeanor
35-50-3-4 the penalty for a class C misdemeanor is 60 days in jail &/or a $500 fine.
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.
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 04:49 PM.
If TRUMP 2016 loses then I will shrug off my WHITE MAN'S BURDEN and leave the world to the Dindus and Done Nuffins. Read and understand Ayn Rand's Atlas Shrugged as a prescription for the future. TRUMP 2016
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.
In the millions, maybe?
Just thinking out loud.
Keep thinking. You are good at it.
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Thank you, eye. I try.
The OP isn't to interested. 1 post and he is gone.
“The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke
1. Protection of oneself from harm or destruction.
2. The instinct for individual preservation; the innate desire to stay alive.
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.
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 04:32 PM.
A bit off topic, but how does this have 5,490 views since Jan 2014? Is this a forum glitch?
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.
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.
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 07:34 PM. Reason: I missed -"it is accurate" in first paragraph.