Gun purchase after felony charge?

imported post

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.

imported post

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.

Click to expand...

Good advise to your friend. And a way to keep yourself out trouble too. Smart move.



TJ

imported post

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?

Click to expand...

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

Click to expand...

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).

Click to expand...

Isn't that what I said ???

TJ

Click to expand...

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...

imported post

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?

Click to expand...

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

Click to expand...

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).

Click to expand...

Isn't that what I said ???

TJ

Click to expand...

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...

Click to expand...

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



TJ

imported post

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?

Click to expand...

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

Click to expand...

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).

Click to expand...

Isn't that what I said ???

TJ

Click to expand...

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.

imported post

In Virginia only after you receive Clemency (this is not a Pardon)from the Governor can you apply to the Judge of Circuit Court in the jurisdiction in whichyou live, to restore your right to own and possess firearms. You are assigned a court date and present your case. Having a attorney is not necessary. If the Judge grants your petition the Court notifies the Virginia State Police and you will be good to purchase or possess. Then you can apply to the same Court for a CHP.