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Thread: First time buyer....

  1. #1
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    Question First time buyer....

    Hello everyone I have been browsing the forums for a few months now and finally decided to join up . I have always been an admirer of firearms all my life, but never really made the jump to purchase one, until recently with the increase of crime in my area I decided it was time to buy. But I think I might run into a little problem buying a firearm. About 10 years ago I was charge and found guilty of Assault and Battery (18.2-57) (not domestic) Misdemeanor Class 1, I didn't get jail time just a fine of $100, and a record. I have been getting mixed answers about being able to purchase a firearm. I have dug through the internet to find a straight forward answer but nothing, so I figured why not turn to the good people of Opencarry.org and hopefully find help. I have been considering going to see a gun law lawyer but I do not want to waste my money on a lawyer just yet. Any advice or help would be greatly appreciated. Thank you for your time.

  2. #2
    Regular Member solus's Avatar
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    Quote Originally Posted by Midori23 View Post
    Hello everyone I have been browsing the forums for a few months now and finally decided to join up . I have always been an admirer of firearms all my life, but never really made the jump to purchase one, until recently with the increase of crime in my area I decided it was time to buy. But I think I might run into a little problem buying a firearm. About 10 years ago I was charge and found guilty of Assault and Battery (18.2-57) (not domestic) Misdemeanor Class 1, I didn't get jail time just a fine of $100, and a record. I have been getting mixed answers about being able to purchase a firearm. I have dug through the internet to find a straight forward answer but nothing, so I figured why not turn to the good people of Opencarry.org and hopefully find help. I have been considering going to see a gun law lawyer but I do not want to waste my money on a lawyer just yet. Any advice or help would be greatly appreciated. Thank you for your time.
    welcome to the forum...i am not an attorney...my best advice is to waste your money on talking with an attorney to ensure your interests are protected.

    btw, your story's details sound quite familiar...are you sure you have not presented it out here previously, say you're from brighton CO and you were moving to VA or some such story line?

    ipse
    Last edited by solus; 09-01-2015 at 07:37 PM.
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    Wouldn't want to offer legal advice, but I'll state what I would do in your situation.
    1) If you're getting mixed results searching online posts, I'd stop searching. Do a best effort search of the law yourself to show there was no intent to bypass anything.
    2) Look at the application. Read it carefully. When purchasing there's a bunch of checkboxes that will read "Have you ever been convicted off ___" If they apply, answer honestly. If they exclude you from owning one, it should be rejected. If you can answer all of them as "no", and the background check passes, I'd feel comfortable proceeding with the purchase. At that point, if it ever came down to it, I would feel comfortable telling a judge there was no criminal intent, I had done reasonable things to ensure I was eligible. If there happens to be additional restrictions that are not listed on the application and aren't included in the background check, I would think any penalty should be rather light considering reasonable attempts to ensure laws were followed.
    YMMV

  4. #4
    Accomplished Advocate peter nap's Avatar
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    Why do you think that may prevent you from buying a firearm?
    You can ask an attorney or the state police.

  5. #5
    Regular Member solus's Avatar
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    forgive me stldaniel...but

    1. wouldn't it be beneficial to discern which part of 18.2-57 they were found guilty of?
    2. wouldn't it be beneficial to discern whom the OP is asking the questions from?
    3. wouldn't it be beneficial to ascertain if the OP has actually been denied a firearm? (i may is a quantifiable & subjective concept, isn't)
    4. why hasn't your critical thinking skills kicked in when someone in their first post, presents on an OC forum asking questions about purchasing a firearm with incomplete background data.

    your response:
    a. search for what?
    b. what application are you referring to? further, in a condescending discussion of '...there's a bunch of checkboxes...'?
    c. you'd feel comfortable telling a judge there was no criminal intent ~ huh?
    d. the penalty would should be rather light ~ huh?

    bottom line, your out of the blue response makes as much sense as the OPs.

    just saying...

    ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  6. #6
    Regular Member The Truth's Avatar
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    @OP:

    Here is some info on ATF form 4473 that you must fill out if purchasing from a licensed dealer.

    https://www.atf.gov/qa-category/atf-form-4473

    Here is a link to the actual form 4473:

    https://www.atf.gov/file/61446/download

    If you're not a fugitive, mentally defective, an addict, a dishonorable discharge from the armed forces, subject to a restraining order, a felon, have never been charged with any kind of domestic violence, and have never been found guilty of a crime that carries a POSSIBLE penalty of more than 1 year (doesn't matter if you didn't serve time and doesn't matter if it was a misdemeanor, if the max penalty for your charge exceeded 365 days you are disqualified), it's MY OPINION that you are good to go. I AM NOT A LAWYER. I am also assuming you are an American citizen. All of this is plainly written in the ATF form 4473.

    Just so you know, face to face private transfers are not required to go through the Feds in VA, but all the normal rules still apply, it's just not required that they be documented. Check out atf.gov and make sure you are legal. It wouldn't be a good idea to go through the whole process of filling out form for the Feds just to find out you are denied when you can figure that out on your own.

    Oh yeah, welcome to OCDO! I'm sure the regulars will be in soon to invite you to the monthly OC dinner, which is happening in Richmond on the 8th. I'll let one of those fine gents link you to the thread!
    Last edited by The Truth; 09-01-2015 at 09:01 PM.
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    Quote Originally Posted by stealthyeliminator
    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
    Quote Originally Posted by WalkingWolf View Post
    The truth causes some people so much pain they can only respond with impotent laughable insults. Life must be rough for those people.

  7. #7
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    It appears as if we have a freeman posting. He certainly should be able to:

    1) buy a gun
    2) borrow a gun
    3) build his own gun

    We are not really a law forum but there are those on the web too.

    IANAL -- I see no issue with the OP being able to do any of the 3 things noted above with the given information provided and in accordance with our natural right to self defense and RKBA.

    The OP should certainly visit a criminal lawyer for a full review of his specific circumstances...seems as if he desires some piece of mind regarding the subject.

    Believe something posted on a forum? Some will take that to fulfill their desires for piece of mind on a subject. I wouldn't...in our wonderful legal system the law can change in an instant (our rights do not change though). Even worse: asking a cop what the law is...they have immunity for a reason LOL.

    And welcome to the forum.
    Last edited by davidmcbeth; 09-02-2015 at 12:10 AM.

  8. #8
    Campaign Veteran skidmark's Avatar
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    Welcome to OCDO. Go sign up for the VA-ALERTS at www.vcdl.org . Looking for the thread on the upcoming OC dinner will hone your search skills.

    Now, as for your conviction -

    which section of 18.2-57 were you convicted of violating? http://law.lis.virginia.gov/vacode/t...ection18.2-57/

    I'm anxiously waiting an explanation of why you think you might have trouble passing a background check.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  9. #9
    Regular Member qednick's Avatar
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    If the issue happened that long ago, can't you apply to have it "expunged" from your record? Then it would be as if it never happened.

  10. #10
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    Welcome to OCDO, Midori! There are two gentlemen lawyers here on this board who may be able to help you work through your questions, should you decide to ask an attorney. I have linked them both for you below.

    John Pierce, Esq. ( http://johnpierceesq.com/) John is one of the two founders of this forum/organization. He also goes by "Administrator" if he's not logged in as himself.

    Dan Hawes ( http://www.virginialegaldefense.com/ ) Dan regularly posts here in the Virginia forum. He goes by "user" here.

    Both are Virginia Citizen's Defense League (http://VCDL.org ) members. Good luck!

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