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Thread: Cant seem to pass the brady bill

  1. #1
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    Hi All,

    I ride a harley and want to open carry a handgun.

    I went to the pawn shop and one of the question were (do you have an indicment peding as a felony) I answered yes and the guy said this wont pass.

    I am confused on what open carry is. I thought if you want to open carry you can have a pending indictment.

    If you want to conceal I understand how that would prevent me from haveing a handgun.

    Also does this apply to rifles?

    Sorry for all the questions. I just moved here from another state.

    Thanks, Jack

  2. #2
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    As I understand FEDERAL LAW...

    You cannot buy from a Federal Firearms License(FFL) holder if you are under indictment for a felony. There are additional limitations also....

    I don't like the fact that you are considered guilty by the BATFE BEFORE a conviction but that is the law.

    If you have DEEP Pockets feel free to challenge this in court since you have standing as you have been refused by the FFL to make the purchase.

    Also, Please don't confuse the Federal restictions on the purchase of a handgun from an FFL and any STATE based restictions on the issuance of any Conceal Firearm Permit.

    And remember, this is NOT LEGAL advice and I am not a lawyer.

    JoeSparky

    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  3. #3
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    So if I do the purchase through a private party it would be ok to OC.

    I just dont want to get in trouble. thats the last thing I need.

    My case has been pending for over 4 years. The last time it went to trial
    it was a mistrial so now I have to do it all again in late February.


    I guess in my own mind I thought it was easier to get a gun here in AZ.





  4. #4
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    IF you can legally purchase a Firearm and are NOT in violation of ANY Federal or State Laws then you would be able to open carry.

    Again, I am not a lawyer, nor am I well versed on Ariziona law regarding purchase and carry limits in Arizona. And IANAL.


    ANY HELP FROM ARIZONA?


    JoeSparky

    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  5. #5
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    Look at ARS 13-3101 and 3102.

    Having an indictment isn't listed as a criteria for being a "prohibited possessor" in 3101. Then again, I'm not a lawyer and not providing legal advice. you should probably call AZ DPS to check.

  6. #6
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    Hi all,

    I went to a gun show this weekend and saw a glock 22 I wanted so I did fill out the application and it came back pending. So the guy says if they dont respond in 3 days then you can pick it up from their shop.

    I patiently waited and late on the third day I called to see if I could pick up my pistol and they said it was denied today.

    I still dont understand the part of this.

    I can buy a gun from a private buyer and there are no records that take place and they wont give me any trouble.

    If I get pulled over here in arizona are they gonna run a national background check on me right there?

    My pending situation will hopefull be over in a few months so I will wait it out.

    The other thing on the federal level is the Restraining Order. Do you know how many woman falsify to get this? all they have to say is he threatened me and they get one then you can never get a firearm as long as its is good standing.

    Doesn't seem right..

  7. #7
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    Look at ARS 13-3101 and 3102.

    Having an indictment isn't listed as a criteria for being a "prohibited possessor" in 3101. Then again, I'm not a lawyer and not providing legal advice. you should probably call AZ DPS to check.

    I think the stuff on the yellow form about felony indictments refers to the federal prohibited possessor statute. It's a bit different that the Arizona prohibited possessor statute.

  8. #8
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    Brady.

    USC Title18, 922(d)
    (d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
    Pending legislation may add "transfer" in between "sell" and "or."

    S.132

    It looks like it is the seller who would be in violation of this.

    But,
    (n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    Is also part of the same section.

    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  9. #9
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    I bought my pistol off a private owner when I first moved here. I tried to buy from a gun shop about 2 months later and was denied. I don't know why either, and never got an answer after an hour phone call to the number on the brochure the gun shop gave me.

    I have ZERO felonies, but was arrested for misdemeanor marijuana possession in CA. years ago.

    I never did find out why. I plan on trying again in the next few months.

  10. #10
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    Welcome to the forum Jack (and Neverwinter.) I don't know much about your inquiry but these are some thoughts:

    1. Federal law prohibits Felons, persons withMisdimeanors of Domestic Violence, and persons with restraining ordersfrom owning firearms.

    2. Federal law requires guns purchased fromFFL holdersto go through the check system, and you cannot recieve handguns in the mail or out of state nor rifles from out of state directly. It appears there are restrictions for those indicted as well.

    3. Federal law does not consider antique firearmsto be firearms.

    4. Arizonalaw prohibits felons from owning firearms, including antiques. (from my reading.)

    5. Sellers may make private firearm sales in Arizona.

    6. I don't know much about Arizona law, andbarely understand the federal laws regarding felons.I am not giving any legal advice. For all Iknow I may have made factual errors in this post, but my quickand uncarefulglance at the law lead me to these possibilities.Other Arizona and federal laws may apply. Seriously, look up the laws to try and figure out what you can do legally and don't take anyones advice without double checking their sources. Read through 1301 and 1302, other AZ laws,and the federal law thoroughly.

    Good luck getting the indictment (and restraining order if I'm reading your posts correctly)removed. If you can do that, it would make everything much simpler.

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