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Thread: Buying problem

  1. #1
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    Went to buy a little .22 rifle for target range shooting for the wife. got a denial from nics because of a 15 year old D- felony for not paying traffik tickets !!
    Anybody had to clean off there record before ? Or get around this somehow?

    I'm new to this gun stuff and want to be legal in everyway .
    Thanks, Tim

    also, I'm in Nassau county,L.I., NY

  2. #2
    Regular Member rodbender's Avatar
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    Pony up some cash and talkto a lawyer about getting it expunged. Not sure that it won't show up still.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    L.I., NY. SOL?

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    Regular Member VAopencarry's Avatar
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    Not paying traffic ticket is a FELONY in NY?
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  5. #5
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    If a felon may properly be disbarred his rights under color of law then we all can be legally disarmed by sufficiently lowering the bar of felony - even to mere traffic citations.

  6. #6
    Lone Star Veteran Gator5713's Avatar
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    If the gun is 'for the wife' then she should buy it! (assuming of course that she does not also have a felony record)

  7. #7
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    In general, the Federal law is that the authority which imposed the felony conviction may, if they wish, expunge/pardon/whatever it and thereby restore your firearms rights. The procedure and policy for this vary from state to state, and can run from a routine application to forget-about-it, ain't happenin'.

    If you are able to do some legal self-education, I believe the information about the formal procedure for NY is out there somewhere. The reality of it can be somewhat different, so I really recommend paying a knowledgeable attorney to find out about this.

    Having your non-felonious spouse make the purchase is an okay idea, but you are still a felon, and there are still restrictions on your use and access to firearms. Again, a Real Lawyer (tm) can (and probably should) advise you.

    I am emphatically not a Real Lawyer (tm), and this should not be taken as legal advice. I didn't stay in one of those hotels, either, but I did have an acquaintance in a similar situation ask me about this once, and the above is what I remember researching for him.

    regards,

    GR

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    Look in the want adds for a rifle or some other private party then let your wife purchase one. This will give you an unregesterd weapon that big brother cannot trace. Another reason I do not own a regesterd weapon or carry a CW permit.

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    I believe there are hefty penalties for felons being in possession of a firearm so if the wife bought it herself she would have to prevent you from having access to it. And even there is a legal situation I would not want to be in. Try to get it expunged.Felonies are supposed to be for serious crimes, not traffic violations...

  10. #10
    Regular Member SouthernBoy's Avatar
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    Felid`Maximus wrote:
    I believe there are hefty penalties for felons being in possession of a firearm so if the wife bought it herself she would have to prevent you from having access to it. And even there is a legal situation I would not want to be in. Try to get it expunged.Felonies are supposed to be for serious crimes, not traffic violations...
    As long as he doesn't hold the gun, he is Ok. Possession in this regard means to own, control, or handle.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

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    There is a doctrine called "constructive possession" which amounts to a presumption of "actual" possession if a gun is anywhere a prohibited person can get to it. In practice, this isn't likely to come up unless the cops are tossing your place for some other reason and there's a gun out and they are aware of the prohibited person's status. Still, in cases like that where one party can have them and the other one not, the "legal" party is supposed to secure the weapons in such a way that he or she is the only one who can get at them.

    -ljp

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    Mule Skinner wrote:
    Look in the want adds for a rifle or some other private party then let your wife purchase one. This will give you an unregesterd weapon that big brother cannot trace. Another reason I do not own a regesterd weapon or carry a CW permit.
    way to make a straw purchase, dude.

    I'm sure with all of the print OC.org gets, the BATF is a regular viewer of the forums and is making notes
    Quote Originally Posted by Open Carry.org Member View Post
    I really disgree with this one! That means that we can have any yahoo running around with a gun with out the proper training. This really scares the hell out of me. Just my two-cents!
    Quote Originally Posted by KansasMustang View Post
    Joe Schmedlap out there with a loaded weapon thinking he's going to deter crime and he's not even trained to fire his weapon safely just kinda makes my hair on the back of my neck stand up.

  13. #13
    Regular Member VAopencarry's Avatar
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    catass wrote:
    Mule Skinner wrote:
    Look in the want adds for a rifle or some other private party then let your wife purchase one. This will give you an unregesterd weapon that big brother cannot trace. Another reason I do not own a regesterd weapon or carry a CW permit.
    way to make a straw purchase, dude.

    I'm sure with all of the print OC.org gets, the BATF is a regular viewer of the forums and is making notes
    Catass. Read the OP. He was buying it to give to his wife, so telling his wife to buy it herself is not a straw purchase.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    VAopencarry wrote:
    Catass.
    I honestly had to look this up. I like definition #2:

    http://www.urbandictionary.com/define.php?term=catass

    "...someone whose online addiction has caused their domestic and personal hygiene to degenerate to such a degree that their entire house begins to smell like an enormous cat-litter box."

    ETA: +1 to it not being a straw purchase

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    VAopencarry wrote:
    catass wrote:
    Mule Skinner wrote:
    Look in the want adds for a rifle or some other private party then let your wife purchase one. This will give you an unregesterd weapon that big brother cannot trace. Another reason I do not own a regesterd weapon or carry a CW permit.
    way to make a straw purchase, dude.

    I'm sure with all of the print OC.org gets, the BATF is a regular viewer of the forums and is making notes
    Catass. Read the OP. He was buying it to give to his wife, so telling his wife to buy it herself is not a straw purchase.
    Ah ...I see. I had read the thread starter before, but when I saw what Mule Skinner wrote, I saw where he advized the poster looks for one & tells the wife to buy it.

    Sorry MS!

    I would recomend such suggestions be pm'ed in the future, though. I mean, if I read in a hurry and got the wrong idea, think of what others may do.
    Quote Originally Posted by Open Carry.org Member View Post
    I really disgree with this one! That means that we can have any yahoo running around with a gun with out the proper training. This really scares the hell out of me. Just my two-cents!
    Quote Originally Posted by KansasMustang View Post
    Joe Schmedlap out there with a loaded weapon thinking he's going to deter crime and he's not even trained to fire his weapon safely just kinda makes my hair on the back of my neck stand up.

  16. #16
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    diesel556 wrote:
    VAopencarry wrote:
    Catass.
    I honestly had to look this up. I like definition #2:

    http://www.urbandictionary.com/define.php?term=catass

    "...someone whose online addiction has caused their domestic and personal hygiene to degenerate to such a degree that their entire house begins to smell like an enormous cat-litter box."
    diesel, my screen name has nothing to do with the urban dictionary. There's a story behind it,and you're not welcome to hear it.
    Quote Originally Posted by Open Carry.org Member View Post
    I really disgree with this one! That means that we can have any yahoo running around with a gun with out the proper training. This really scares the hell out of me. Just my two-cents!
    Quote Originally Posted by KansasMustang View Post
    Joe Schmedlap out there with a loaded weapon thinking he's going to deter crime and he's not even trained to fire his weapon safely just kinda makes my hair on the back of my neck stand up.

  17. #17
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    catass wrote:
    diesel, my screen name has nothing to do with the urban dictionary. There's a story behind it,and you're not welcome to hear it.
    Good thing I didn't ask then.

  18. #18
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    VAopencarry wrote:
    Not paying traffic ticket is a FELONY in NY?
    I was a crazy kid with hot rods,my licence was suspended the first week I had it at 16 ! still drove,, by 21 had 9 driving with suspended licence which turned into a d -felony which then I finally grew up and paid the fines,did no time as it was a time served conviction .

    so yes traffic tickets can screw you up when your a stupid kid !!

  19. #19
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    Gator5713 wrote:
    If the gun is 'for the wife' then she should buy it! (assuming of course that she does not also have a felony record)
    She did,, i just want to be legal in every way !!!Plus I cant go with her to shoot !!

  20. #20
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    Gentleman Ranker wrote:
    If you are able to do some legal self-education, I believe the information about the formal procedure for NY is out there somewhere. The reality of it can be somewhat different, so I really recommend paying a knowledgeable attorney to find out about this.

    regards,

    GR
    I have been reading and searching everything !! as for a lawyer lol as soon as I tell them I'm trying to get my rights back they dont want to bother !

    either anti-gun people or just not enough cash in it for them ??



    Tim

  21. #21
    Founder's Club Member Hawkflyer's Avatar
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    tensec340 wrote:
    ...SNIP
    as for a lawyer lol as soon as I tell them I'm trying to get my rights back they dont want to bother !

    either anti-gun people or just not enough cash in it for them ??



    Tim
    Don't tell them you want to possess a firearm, tell them you want to vote.

    Regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  22. #22
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    Hawkflyer wrote:
    ...
    Don't tell them you want to possess a firearm, tell them you want to vote.

    Regards
    That is...tell the lawyers this before they agree to take the case. I wouldn't limit the scope of your rights restoration since you might receive only that which you ask for.

  23. #23
    Founder's Club Member Hawkflyer's Avatar
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    Hcidem wrote:
    Hawkflyer wrote:
    ...
    Don't tell them you want to possess a firearm, tell them you want to vote.

    Regards
    That is...tell the lawyers this before they agree to take the case. I wouldn't limit the scope of your rights restoration since you might receive only that which you ask for.
    Good point.
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  24. #24
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    I found a way to get around this dilema in Wa. state as to the strors that alow it or not. I have a belt buckle that has a .22 pistol in it that releases with a catch that the pressure of your stomach holds on it . Just one flip of the thumb and it is in your hand. It fires .22 LR and up to 50 feet is plenty acurate. To look at it it just looks liek a western buckle. But you are carrying it in the open.

  25. #25
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    Mule Skinner wrote:
    I found a way to get around this dilema in Wa. state as to the strors that alow it or not. I have a belt buckle that has a .22 pistol in it that releases with a catch that the pressure of your stomach holds on it . Just one flip of the thumb and it is in your hand. It fires .22 LR and up to 50 feet is plenty acurate. To look at it it just looks liek a western buckle. But you are carrying it in the open.
    That sounds like a neat setup, but if it's hidden behind the belt buckle, or is designed to look like a belt buckle would that mean it is concealed?

    Still, I wouldn't mind having something like that as a BUG, if it were unobtrusive.

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