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can I buy a handgun with a warrant

Hawkflyer

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Gordie wrote:
bordsnbikes wrote:
Call your local FFL, give em a sit-rep and they should be able to answer you.

Get a gun one way or another, if you want to OC, maybe wait on that until this gets cleared up. If you have to use it, that warrant shouldn't be a big deal, because you'll still be alive.

Since you seem to be advocating his breaking of the law, would you be willing to accept responsibility for any trouble he gets into as a result?

We may not like the law, we may choose to ignore the law as a form of civil disobediencetoprotest, but we must also realize that sometimes there are unpleasant consequences for those actions.

ryan26
Rather you like it or not, you most likely can't legally buy a gun at this time. I would stronglyadvise against breaking the law. This could lead to even more, serious trouble.

Since you are currently disarmed through the consequences of your past (not judging right or wrong, just the way it is) you may be forced to relocate to a safer area. If I had been robbed three times, I would be seriously reconsidering just how tied I was to any specific area, armed or not.

+1
 

bordsnbikes

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Do I really need to put up that thing that says I'm not a lawyer? Do you think he will blindly follow all advice given to him? Or perhaps will he think about things both ways and make a decision? Are you a big boy that takes responsibility for your own actions? Or do you blame everyone else for everything that happens in your life? Do you spill hot coffee on your lap and sue McDonalds because they didn't warn you that the hot coffee you just ordered, knowing full well that you wanted hot coffee, just might be hot? I'm a big boy and if I take someones advice that screws me, guess who's fault that is? Mine.

Bottom line, don't carry your gun and you could wind up really dead. I'd take my chances.

" ...but we must also realize that sometimes there are unpleasant consequences for those actions."

Are you actually suggesting that I don't know breaking the law can have consequences? I really had no idea, thanks for the heads up.
 

diesel556

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Gordie wrote:
ryan26
Rather you like it or not, you most likely can't legally buy a gun at this time. I would stronglyadvise against breaking the law. This could lead to even more, serious trouble.
What would the crime be if he purchased a handgun FTF? I would think you'd need to know what regulations his state has regarding FTF transfers before you can make such a statement (and I can't seem to figure out what state he's from).
 

Hawkflyer

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diesel556 wrote:
Gordie wrote:
ryan26
Rather you like it or not, you most likely can't legally buy a gun at this time. I would stronglyadvise against breaking the law. This could lead to even more, serious trouble.
What would the crime be if he purchased a handgun FTF? I would think you'd need to know what regulations his state has regarding FTF transfers before you can make such a statement (and I can't seem to figure out what state he's from).
IANAL But,


Most of this thread has been about a standard transaction between the OP and a FFL dealer. On the forms required by such a transactionthere are a few relevant questions related to criminal history. If the OP answers the questions truthfully, any reasonable dealer is not going to sell him a handgun. In fact it is likely that the required criminal history check will show the standing warrant if one os run. If he lies on the form and tries to buy and the background shows the warrant, he would be subject to arrest just for lying on the form, let alone any laws relating to attempting to obtain a firearm while a prohibited person.

A private transaction has its own issues. While he could obtain a firearm in that way without the background check being an issue, if he gets caught with the firearm, or worse yet he has to use it, the warrant WILL become an issue.

In my view, he should not attempt to obtain a firearm until he clears up the warrant.
 

diesel556

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Hawkflyer wrote:
(1)Most of this thread has been about a standard transaction between the OP and a FFL dealer.

(2)A private transaction has its own issues. While he could obtain a firearm in that way without the background check being an issue, if he gets caught with the firearm, or worse yet he has to use it, the warrant WILL become an issue.

(3)In my view, he should not attempt to obtain a firearm until he clears up the warrant.
(1) Which is why I was asking what the crime would be for an FTF transaction ;)

(2) What would the issue be? How do you know that without knowing what state he is from, and what limits they place on firearms ownership and FTF sales?

(3) I'm not advocating that he break any laws. I would simply like to know what laws he would break by doing so. I do agree that his fine needs to be paid off (which he is already working on).
 

Armed

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ryan26 wrote:
I have been making payments but they told me they would not release the warrant untill it was all paid off

Step up your payment plan or get a loan. I'm afraid your stuck until you get it paid off. Did you get a lawyer to negotiate or try to settle with them directly? How much of that dollar amountare penalties for late / non-payment?If so,a good lawyer might be able to get the penalty fees reduced.

Sorry about your luck pal, but eventually the sins of our past will catch up to all of us.You're better off to be pro-active and meet your obligationshead-on while you might still have a chance to negotiate some terms.If you get picked up on a warrant, you'll haveno chance to negotiate terms.

Good luck.
 

Citizen

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I don't know what you all are arguing about.

He asked in the thread title, "Can I buy a handgun with a warrant?"

I'd say no. Everybody I know wants cash. :)

(Just trying to lighten the mood.)
 

r6-rider

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Citizen wrote:
I don't know what you all are arguing about.

He asked in the thread title, "Can I buy a handgun with a warrant?"

I'd say no. Everybody I know wants cash. :)

(Just trying to lighten the mood.)
haha
 

Hawkflyer

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diesel556 wrote:
Hawkflyer wrote:
(1)Most of this thread has been about a standard transaction between the OP and a FFL dealer.

(2)A private transaction has its own issues. While he could obtain a firearm in that way without the background check being an issue, if he gets caught with the firearm, or worse yet he has to use it, the warrant WILL become an issue.

(3)In my view, he should not attempt to obtain a firearm until he clears up the warrant.
(1) Which is why I was asking what the crime would be for an FTF transaction ;)

(2) What would the issue be? How do you know that without knowing what state he is from, and what limits they place on firearms ownership and FTF sales?

(3) I'm not advocating that he break any laws. I would simply like to know what laws he would break by doing so. I do agree that his fine needs to be paid off (which he is already working on).

I'm sorry, perhaps I was not clear enough the first time.

He could be arrested for falsifying the transaction form if he lies about his outstanding warrant, and also for attempting to obtain a weapon while in a prohibited status. If he does not lie on the form concerning his background, the FFL dealer would be nuts to transfer the firearm to him.

If he goes with a private transaction, and he gets caught with the firearm while he has an outstanding warrant, that would be a crime. It is also a crime for a person otherwise prohibited from attempting to obtain a firearm. Moreover, the seller could face charges of transferring a firearm to a prohibited person.

Fortunately we don't really need to know what state he is in because uncle Sam has been nice enough to provide us with a plethora of federal laws for firearms transactionsthat apply no matter where you are. The laws in his state would just add interest to the fight over who gets to put him on trial, and where he get to live after the trial.
 

Sonora Rebel

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I b'lieve the OP already knew the answer before he finished typing that silly question.



Satisfy the Warrant... then do whatever else. Otherwise you're falsifying the information onthe form.
 

Citizen

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I think we've reached a point where we need to start citing the statutes in order to get any further reliably.
 

PaulBlart

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don't go try from a ffl whatever you do... because a lot of hero dealers stall you and call me and i'll come taze you for your unpaid parking tickets.
 

Hawkflyer

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Citizen wrote:
I think we've reached a point where we need to start citing the statutes in order to get any further reliably.



Same as with anything else RTFM.

It would be a mystery to me why anyone in a firearms forum such as this would require a citation to the federal form required to buy a firearm, the OP clearly knew the questions on the form might be a problem for him,but here it is.

ATF form 4473 seems VERY clear to me. Look at item 12 d, "Are you a fugitive from Justice?"

Then look to the bottom of the form above the signature black and read the fine print. Particularly the part about answering "YES" to an of the parts of question 12. Then read the next to the last sentence. The part about it being a felony to lie on the form.

The OP has stated that he cannot return to Michigan as this warrant is outstanding. The OP has stated that he does not think they will come after him where he is, but he is not certain of that. Clearly from his statements the only conclusion we can reach is that he is a fugitive. The interesting part is that while the crimes that caused his problems MAY have been misdemeanors, the Warrant itself COULD be a felony warrant. These things are like a fine wine that gets more expensive with age.

Now if you were asking for citations to the federal firearms laws, well maybe later. It seems to me this is very cut and dried, and it does not matter where the transaction takes place because this is all federal stuff.
 

shad0wfax

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ryan26 wrote:
I have been paying as much of the fines as I can but i still have the warrant. I am on a payment plan but they won't release the warrants untill its all payed off. so its not like I am trying to get out of it or let it go because I know no matter how long I wait it will still be there. I was pulled over about a month ago here in louisiana and nothing comes up on the police computer. I do know that its a misdemeanor warrant and they won't come across state lines to pick me up.

So get a loan and pay off the fines now and get the warrant removed.

Then buy your gun afterward and realize that all of the interest you're paying on that loan is the true cost of getting your gun now.

Of course, if your warrant is for bad checks, you might not qualify for a loan; funny how that works.:what:
 

ryan26

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Long story short an ex cleaned out my account. That's where the bad checks came from I am not trying to pass the blame but regardless I owe it. I can't get a loan so I am paying as much as I can. I talked to the courts back home and it is a misdemeanor warrant. I asked the original question simply because I did not know the answer. thanks for your help
 

shad0wfax

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ryan26 wrote:
Long story short an ex cleaned out my account. That's where the bad checks came from I am not trying to pass the blame but regardless I owe it. I can't get a loan so I am paying as much as I can. I talked to the courts back home and it is a misdemeanor warrant. I asked the original question simply because I did not know the answer. thanks for your help

I wish you all the best of luck clearing this problem up. Since you can't get a loan, all I can say is pay off that warrant. Misdemeanor warrants are still criminal even though the severity of the warrant is low.

I would assume (I'm not an attorney, nor am I an expert on firearms laws) that trying to buy a firearm while you have a criminal warrant out for you would make you a fugitive from justice attempting to purchase a firearm, which is a felony in and of itself.

I'd hate to see a guy who's trying to do the right thing lose his firearm rights forever over something so trivial.
 

Carnivore

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Go back to where you owe the fines,straight to an attorney, and see if they can get you jailtime at night and go to work during the day, work your obligations from both ends, jail time at night, and work through the day to make money to pay your fines.. If you havn't been a law problem out and out deliberately, someone in the vicinity of the immediate justice system may take you seriously and help you make it happen..
 

Devils Advocate

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I keep seeing people mention something about paying off the debt and how the warrant will "go away."

I doubt that will happen. There is a warrant for his arrest for failing to pay the fines. Period!!

No matter what, he needs to pay off the fines. The warrant is outstanding and must be served on himunless the prosecutor wants to go before the court and request it be dismissed for some good reason. It is not going to go away.

Once he left the state he becamea "fugitive from justice." This means he cannot buy a gun through a FFL dealer until the warrant has beentaken care of. Well, he could buy but if he lied on the form he would be in more trouble.

The purpose of the record check is to review the criminal history, see if he is wanted, and see if there is any reason he cannot be in possession of a firearm. That warrant is going to pop out and stop the sale.

As I recall it is a crime to be in possession of a firearm AND be a fugitive from Justice.

I feel for you in your situation. But maybe you better take that gun money and pay down on some of that debt. You also need to address that criminal charge pending against you.
 

Mr.Advocate

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ryan26 wrote:
Long story short an ex cleaned out my account. That's where the bad checks came from I am not trying to pass the blame but regardless I owe it. I can't get a loan so I am paying as much as I can. I talked to the courts back home and it is a misdemeanor warrant. I asked the original question simply because I did not know the answer. thanks for your help

No legal advise here from me,I'm not a attorney, but I will say this, move the hell out of that area before someone hurts you. If you been held up three times by knife point, I wouldn't stick around to see what next. Try to negotiate with DA/prosecutor and get yourself a good attorney, also I would if I were you try taking you ex to court for damages done to you, bring proof , some strong evidence and get this thing nolle processed. You shouldn't have a warrant on you for something someone else did. If your really not the reason for the bad checks then your ex is, and the warrant needs to be dropped and she needs to be serving time for what she did to you. That's just my opinion.

My ex-fiance did something similar to that to me when I was stationed Korea after coming back from Iraq. She went on a shopping spree with my money drained my account completely and then went even into the overdraft protection area of my account. My parents helped my out alot while I was overseas, all transactions were made in the US at stores in the mall and across her local area, all came back to her, my account was fully refunded and back the way it was suppose to be and she is now serving alot of time in the pen. I didn't get mad, well maybe a little, I got justice, and she got served.
 
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