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Thread: Gun purchase after felony charge?

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    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?

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    Regular Member zoom6zoom's Avatar
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    IANAL, but you say he was convicted of a misdemeanor - it's the conviction that counts, not the original charge.

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    Merely being charged with a felony doesn't prohibit anything.

    This condition might apply though (from the VA State Police website):

    "Have you ever been convicted in any court of a misdemeanor crime punishable by more than 2 years even if the maximum punishment was not received?"



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    http://www.vsp.state.va.us/Firearms_...igibility.shtm

    It says that you may be denied if you answer yes to any of the questions. It does not say you will be denied. He/she will just have to explain the charge on the purchase application. I say go for it and see what happens. You can appeal the denial if necessary!

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    Campaign Veteran roscoe13's Avatar
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    Chkultr wrote:
    http://www.vsp.state.va.us/Firearms_...igibility.shtm

    It says that you may be denied if you answer yes to any of the questions. It does not say you will be denied. He/she will just have to explain the charge on the purchase application. I say go for it and see what happens. You can appeal the denial if necessary!
    Read it again, the felony charge is irrelevant. Unless the misdemeanor conviction could have carried a sentence of >2years, he should be fine...
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

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    IANAL but if you can vote, you can purchase a gun. Felony convictions come not only with incarceration, but also with loss of certain civil rights.

    If convicted of a felony, you can oftentimes petition for clemency and have your civil rights restored. See the website for the governor, or a clemency board, if your state has one. Not the state where you presently live, but the state where said felony conviction occurred.

    Tim


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    The first thing to do would be for your friend to obtain a copy of his arrest record from each and every state they have lived in. If this charge was in Virginia you should request/order a report from the Virginia State Police. If he remembers the court where the occurred they should go to the clerk's office and request certified copies of there hearing and what type of conviction. Those two pieces of paperwork will let you know for sure what he was convicted of. It is only the conviction(s) that count.

    PM me if your friend needs some help and I will help walk you through the steps. If it was a felony conviction it may take a year or so to work it all out.

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    Agreed.... have him check his record. If it was downgraded to a misdemeanor then he could be eligible to get a gun.

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    +1 on checking his record and make sure of the charge.

    DO NOT let him attempt a purchase until he is sure. 'If' he is a prohibited person he can and very likely will be charged. I have seen people that 'thought' they were 'good to go' get arrested.

    You can have a Voters Card and still be a prohibited person.

    It says that you may be denied if you answer yes to any of the questions. It does not say you will be denied.
    You WILL be denied. They ask those questions for a reason and it is not because they make a decision on a case by case basis. With exception of having rights restored.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Accomplished Advocate peter nap's Avatar
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    LEO 229 wrote:
    Agreed.... have him check his record. If it was downgraded to a misdemeanor then he could be eligible to get a gun.
    Could?

    If that was in Va.....make it Is !

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    It is not necessarily true that you can possess a firearm if you can vote. A convicted felon can petition for restoration of rights, and must do so before a pardon can be issused, to be able to vote, serve on juries, be a notary, etc. A person with his or her civil rights restored cannot possess or transport a firearm. That requires a pardon. See www.commonwealth.virginia.gov and look under Judicial menu.

    leo229 is absolutely correct about obtaining a criminal history prior to making the purchase attempt. Many people have gone to court, worked out a plea agreement they did not fully understand, and end up being convicted of a felony. Many claim to not know they have been convicted of a felony. Of course, that changes when a friendly state police officer knocks at the door wondering why they tried to purchase a gun. This very thing happened to my wife's friend. She was never charged, but it was frightening for her anyway.

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    peter nap wrote:
    LEO 229 wrote:
    Agreed.... have him check his record. If it was downgraded to a misdemeanor then he could be eligible to get a gun.
    Could?

    If that was in Va.....make it Is !
    Wrong!!!

    He could still be ineligible for any of the following reasons:

    • Domestic assault conviction
    • Entered as mentally unstable
    • Has a protective order out

    Shall I continue on how he "could" not be eligible?

    I used the word "could" on purpose because I do not want him making an attempt and then tell the the State Police... LEO 229 said I was OK only to find out he had something else that prevented him.

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    I have a buddy who asked the same thing, the best thing to do is 1st, send a copy of your fingerprints to the FBI to request any information, then if he does find something otherwise than no record found, then check the policy in the state where the arrest occured as to how to apply for a Full and unconditional Pardon, prefferably with the consule of an attorney, there is lots of information on the web to assist also.

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    Accomplished Advocate peter nap's Avatar
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    LEO 229 wrote:
    peter nap wrote:
    LEO 229 wrote:
    Agreed.... have him check his record. If it was downgraded to a misdemeanor then he could be eligible to get a gun.
    Could?

    If that was in Va.....make it Is !
    Wrong!!!

    He could still be ineligible for any of the following reasons:
    • Domestic assault conviction
    • Entered as mentally unstable
    • Has a protective order out
    Shall I continue on how he "could" not be eligible?

    I used the word "could" on purpose because I do not want him making an attempt and then tell the the State Police... LEO 229 said I was OK only to find out he had something else that prevented him.
    Your right as usual 229...but your looking at the broad picture. I based it on the statement he made saying the felony charge was reduced to a misdemeanor. I am not aware of any misdemeanors in Va that carry a 2 year sentence.

    I guess in the dusty halls of Virginia Jurisprudence there could be a class o.
    Maybe conspiracy to not wear a seatbelt.:shock:

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    peter nap wrote:
    Your right as usual 229...but your looking at the broad picture. I based it on the statement he made saying the felony charge was reduced to a misdemeanor. I am not aware of any misdemeanors in Va that carry a 2 year sentence.

    I guess in the dusty halls of Virginia Jurisprudence there could be a class o.
    Maybe conspiracy to not wear a seatbelt.:shock:
    It's all good Peter...

    This is something I often bring to the board in that I think well beyond where some tend to fix in on a single area. It is like playing chess.... I have to be 4 moves ahead at all times so this causes me to broaden my thought process.


    § 18.2-11. Punishment for conviction of misdemeanor.

    The authorized punishments for conviction of a misdemeanor are:

    (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

    (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.

    (c) For Class 3 misdemeanors, a fine of not more than $500.

    (d) For Class 4 misdemeanors, a fine of not more than $250.

    For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.


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    occva wrote:
    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?
    IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again. And as LEO pretty much stated...in GENERAL if he only has a Misdemeanor he can still purchase and OC. But it all comes down to what kind if misdemeanor. In this case I believe your friend would be OK. But I concur with EVERYBODY ELSE. Have him check his record so that he would NOT get himself deeper into it.

    Just my .40

    TJ

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    UTOC-45-44 wrote:
    occva wrote:
    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?
    IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again. And as LEO pretty much stated...in GENERAL if he only has a Misdemeanor he can still purchase and OC. But it all comes down to what kind if misdemeanor. In this case I believe your friend would be OK. But I concur with EVERYBODY ELSE. Have him check his record so that he would NOT get himself deeper into it.

    Just my .40

    TJ
    It never hurts to look at convictions anyway, even traffic. I checked on a ticket I had gotten for not having a county sticker a couple of years ago. I was surprised to find that I had also been fined a small amount for contempt of court.

    I made a comment to the judge that both I and the entire courtroom thought was funny as hell. I guess the judge didn't. I must not have been listening when he told me about the extra fine.
    I just paid what the clerk said.

    My insurance agent told me about it and said it didn't count against me, he was just curious.

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    Apply for your own Criminal Background check.
    What comes up may or may not surprise you.
    http://www.fbi.gov/hq/cjisd/fprequest.htm
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

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    UTOC-45-44 wrote:
    occva wrote:
    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?
    IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again. And as LEO pretty much stated...in GENERAL if he only has a Misdemeanor he can still purchase and OC. But it all comes down to what kind if misdemeanor. In this case I believe your friend would be OK. But I concur with EVERYBODY ELSE. Have him check his record so that he would NOT get himself deeper into it.

    Just my .40

    TJ
    As stated in previous posts, it doesn't matter what the initial charge was. What makes a person a felon, and thus inelligible, is CONVICTION for a felony offense.

    If as was stated earlier, his conviction was a misdemeanor conviction, then he is not prohibited due to the original felony charge (as there was no felony conviction).

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    Decoligny wrote:
    UTOC-45-44 wrote:
    occva wrote:
    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?
    IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again. And as LEO pretty much stated...in GENERAL if he only has a Misdemeanor he can still purchase and OC. But it all comes down to what kind if misdemeanor. In this case I believe your friend would be OK. But I concur with EVERYBODY ELSE. Have him check his record so that he would NOT get himself deeper into it.

    Just my .40

    TJ
    As stated in previous posts, it doesn't matter what the initial charge was. What makes a person a felon, and thus inelligible, is CONVICTION for a felony offense.

    If as was stated earlier, his conviction was a misdemeanor conviction, then he is not prohibited due to the original felony charge (as there was no felony conviction).
    Isn't that what I said ???

    TJ

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    Spoke with co worker today. He was charged with misdemeanor shopplifting. He said it carries 1 year maximum. He served two days and made restitution.



    I have told him he had better check if he is eligible to posses a gun before he goes to the range with me.

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    occva wrote:
    Spoke with co worker today. He was charged with misdemeanor shopplifting. He said it carries 1 year maximum. He served two days and made restitution.



    I have told him he had better check if he is eligible to posses a gun before he goes to the range with me.
    Good advise to your friend. And a way to keep yourself out trouble too. Smart move.



    TJ

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    UTOC-45-44 wrote:
    Decoligny wrote:
    UTOC-45-44 wrote:
    occva wrote:
    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?
    IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again. And as LEO pretty much stated...in GENERAL if he only has a Misdemeanor he can still purchase and OC. But it all comes down to what kind if misdemeanor. In this case I believe your friend would be OK. But I concur with EVERYBODY ELSE. Have him check his record so that he would NOT get himself deeper into it.

    Just my .40

    TJ
    As stated in previous posts, it doesn't matter what the initial charge was. What makes a person a felon, and thus inelligible, is CONVICTION for a felony offense.

    If as was stated earlier, his conviction was a misdemeanor conviction, then he is not prohibited due to the original felony charge (as there was no felony conviction).
    Isn't that what I said ???

    TJ
    No, you said : "IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again." A charge is not a conviction...
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

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    roscoe13 wrote:
    UTOC-45-44 wrote:
    Decoligny wrote:
    UTOC-45-44 wrote:
    occva wrote:
    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?
    IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again. And as LEO pretty much stated...in GENERAL if he only has a Misdemeanor he can still purchase and OC. But it all comes down to what kind if misdemeanor. In this case I believe your friend would be OK. But I concur with EVERYBODY ELSE. Have him check his record so that he would NOT get himself deeper into it.

    Just my .40

    TJ
    As stated in previous posts, it doesn't matter what the initial charge was. What makes a person a felon, and thus inelligible, is CONVICTION for a felony offense.

    If as was stated earlier, his conviction was a misdemeanor conviction, then he is not prohibited due to the original felony charge (as there was no felony conviction).
    Isn't that what I said ???

    TJ
    No, you said : "IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again." A charge is not a conviction...

    You are right I said CHARGE instead of CONVICTION. Meant right wrote wrong. Sorry.



    TJ


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    Regular Member Decoligny's Avatar
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    UTOC-45-44 wrote:
    Decoligny wrote:
    UTOC-45-44 wrote:
    occva wrote:
    I have a co-worker that would like to get into shooting. He was chargedwith a felony when he was 19 years old, now 39. He was caught selling merchandise to friends at a reduced cost. He said everyone including the manager was doing it. Long story short, he got caught. After many hours of questioning he finally took the fall for everyone. He was charged with a felony. He plead guilty to a lesser charge in court and was convicted of a misdemeaner and paid restitution. He has had only a speeding ticket since.



    Would this prevent him from purchasing a firearm?
    IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again. And as LEO pretty much stated...in GENERAL if he only has a Misdemeanor he can still purchase and OC. But it all comes down to what kind if misdemeanor. In this case I believe your friend would be OK. But I concur with EVERYBODY ELSE. Have him check his record so that he would NOT get himself deeper into it.

    Just my .40

    TJ
    As stated in previous posts, it doesn't matter what the initial charge was. What makes a person a felon, and thus inelligible, is CONVICTION for a felony offense.

    If as was stated earlier, his conviction was a misdemeanor conviction, then he is not prohibited due to the original felony charge (as there was no felony conviction).
    Isn't that what I said ???

    TJ
    It may have been what you meant, but it was not what you said. Just trying to keep everything as clear as possible so nobody gets the wrong info.

    "IF he has a Felony Charge he couldn't even hold a round in his hand without being in Prison again."

    should have read

    "IF he has a Felony Conviction he couldn't even hold a round in his hand without being in Prison again."

    Example: You could becharges with 1st degree murder, but it turns out to be a case of mistaken identity, and they drop the charges. You will still have it on your record that you have been "charged" with 1st degree murder, but you don't have a conviction on your record, so barring any other prohibitions, you can legally go buy a gun.

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