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Ok so here is the deal. A really good friend of mine wants to start open carrying out here in California. He served three years in the army, was discharged with an other than honorable discharge (which does not preclude him from owning a fire arm). Here is the hitch: Before he ever joined the army, he was arrested for, convicted of and did community service for felony possession of a weapon on school grounds, specifically two fixed blade knives, but while school was not in session during an extended closing for the holidays. Now normally that would preclude him from owning a fire arm, however it clearly states in the case paperwork that the sentence was deffered for two years after which pending no further arrests during that two year period the record would be expunged.
Now, two years later he joins the Oklahoma national guard, as an infantryman. It gets pulled up and flagged as a felony, he tells them that he had been told it was expunged. They recruit him. For three (3) years he carries a burst fire assault weapon (specifically an M-4 carbine) and further more is entrusted with the use, service of, and discharging of an M-203 grenade launcher. His contract was for six years but after some discrepancies with his command the army decides that his contractual duties have been fulfilled and he is free to leave the service. No criminal charges were ever filed.
During the last year of his time in the military he is arrested by local civilian police for possession of a concealed fire arm without a license. He is charged with a misdemeanor, kept in jail for 30 days until his hearing, then released with only a misdemeanor from the same courts that had convicted him of a felony only five years earlier, but whom supposedly had expunged that record.
We ran a check on him just to make sure there wouldn't be any problems when he went to get his firearm. He was flagged as a felon in the state of Oklahoma for the possession of a weapon on school grounds charge. Now my question is this: How is it that he flags as a felony on public records but he was able to carry an assault rifle and explosives on his person at all times for three years in the army, and was only charged with a misdemeanor for possession of a concealed fire arm without a license? If you are a felon and get caught with a gun you are going to prison for a very long time.
What recourse do we have to make it possible for him to legally purchase a hand gun or rifle?
thanks in advance for your time and advice.
rtarrent
Ok so here is the deal. A really good friend of mine wants to start open carrying out here in California. He served three years in the army, was discharged with an other than honorable discharge (which does not preclude him from owning a fire arm). Here is the hitch: Before he ever joined the army, he was arrested for, convicted of and did community service for felony possession of a weapon on school grounds, specifically two fixed blade knives, but while school was not in session during an extended closing for the holidays. Now normally that would preclude him from owning a fire arm, however it clearly states in the case paperwork that the sentence was deffered for two years after which pending no further arrests during that two year period the record would be expunged.
Now, two years later he joins the Oklahoma national guard, as an infantryman. It gets pulled up and flagged as a felony, he tells them that he had been told it was expunged. They recruit him. For three (3) years he carries a burst fire assault weapon (specifically an M-4 carbine) and further more is entrusted with the use, service of, and discharging of an M-203 grenade launcher. His contract was for six years but after some discrepancies with his command the army decides that his contractual duties have been fulfilled and he is free to leave the service. No criminal charges were ever filed.
During the last year of his time in the military he is arrested by local civilian police for possession of a concealed fire arm without a license. He is charged with a misdemeanor, kept in jail for 30 days until his hearing, then released with only a misdemeanor from the same courts that had convicted him of a felony only five years earlier, but whom supposedly had expunged that record.
We ran a check on him just to make sure there wouldn't be any problems when he went to get his firearm. He was flagged as a felon in the state of Oklahoma for the possession of a weapon on school grounds charge. Now my question is this: How is it that he flags as a felony on public records but he was able to carry an assault rifle and explosives on his person at all times for three years in the army, and was only charged with a misdemeanor for possession of a concealed fire arm without a license? If you are a felon and get caught with a gun you are going to prison for a very long time.
What recourse do we have to make it possible for him to legally purchase a hand gun or rifle?
thanks in advance for your time and advice.
rtarrent
