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Can I legally buy a gun? and get a conceal weapons permit?

7248 Views 30 Replies 7 Participants Last post by  Anonymous, 
B
ok I am going to try this again. First post disapeared.

I did alot of dumb things when i was younger. I had no father and mom was always gone.

So I raised myself. But that' s no excuse. Alot of people in the same situations turned out great.

Well I was arrested 3 times. All felonies. Controlled substanses. meaning I was aressted for drugs.

I was 18years old the last time i was in jail.

1. I got off with time served.
The other 2 , I did community service and was on probation and payed heavy fines and had to go to classes on how not to be an idiot.

I was 18 then. I am now 45 and have turned my life around. NO drugs. I don't even drink!

my convictions were withold adjudiction? whatever that means. Also none were violent offenses. I hurt noone but myself.

I'm married, and have a miracle 10yr old son. Whom I cherish. I'm lucky I got a second chance. And I'm not screwing it up.

my question is how can I get a firearm legally? and a conceal weapons permit? I live in South Florida where crime is rampant.

I have a gun for home protection of my family. But I 'm afraid to take it anywhere. So outside I'm defenseless.

P.S. I used to be big and strong and could fight. Now I am totally disabled. So I could easily be robbed or worse. I worry about protecting the ones I love.

Does anyone know? is there a statue of limitations on this stuff? Or have I proven I can be trusted?

Thanks in advance.......great forums by the way.
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H
re: Can I legally buy a gun? and get a conceal weapons permi

This would be a question that probably needs to be address my someone like a District Attorney. The felony convictons will probably stop ya, but if they happened as a minor, maybe not. Some things are struck from the records after you come of age (21). A concealed permit requires a background check in Va. I don't know what ya'lls are though.

HWD
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killerb
re: Can I legally buy a gun? and get a conceal weapons permi

You need to talk to a lawyer in your state. If the convictions happened when you were a minor, you might be OK. If they are on your adult record, then I think you are screwed.
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Pistolero
re: Can I legally buy a gun? and get a conceal weapons permi

Violent or non-violent felony doesn't matter, any felony conviction will prohibit a person from being able to possess firearms. The key word here is "conviction".

You will have to contact a Florida lawyer to make 100% sure, but if I remember correctly, in Florida if the judge issues one of those "withhold adjudication" sentences, it is not considered a felony "conviction" and you would not be prohibited from possessing firearms.
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B
re: Can I legally buy a gun? and get a conceal weapons permi

Thankyou everyone. I hope Pistolero is right about the withold adjudication.
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B
re: Can I legally buy a gun? and get a conceal weapons permi

Good News for all those guys that screwed up when they were young.

My research showed that "withold Adjudication" means NO CONVICTION! yahooooo. :lol:

It means that if you do everything the judge says, then you are not labeled convicted, so you lose NO rights as in voting or owning a firearm! yippee.

I have to be thankful that this judge was kind knowing that a conviction would screwup my life forever, for some stupid juvinile stuff even though I had just turned 18. And God has been watching out for me. I should be dead the way I lived before I found my way into a hospital for the crazy people..

Thank goodness I'm not mentally ill. Just had no guidance. I thought all men were like clint eastwood or charles bronson. and since I didn't want to be a mommas boy. I went overboard to prove I was tought and cool. When really I was stupid and foolish.

Maybe this will help someone else not to do what I did.

It's taken years to learn but being a man is being there for your wife and son. Just doing your best. And following jesus is example.

Take care guys and thanks. Be careful :roll:
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G
re: Can I legally buy a gun? and get a conceal weapons permi

This question needs to be answered by your attorney really. you mentioned the last time you were in jail you were 18 years old though?? Were you convicted when you were 18 as well? not when you were first charged with it or anything like that, when the judge actually convicted you of felonies in a court of law? My advice to you is to take the gun to a friend or someone in your family to hold for you until you get the legal OK that you can own it. Technically even your spouse or anyone in the house cannot have a gun in the same house as you if you are a felon. It is a federal case and does carry mandatory prison time IF you were caught with a firearm. So play it safe and seek the advice of a attorney and never admit to owning a gun ever to anyone while you are a convicted felon. You never know who is on these sites reading about what we say nowadays. I do know of a clause though in the state of WV that if for not a violent, or domestic violence conviction that happened when you were that young can be expunged and overlooked somehow...not sure how, but did see it in the paper the other day. I am not sure on the details of the new bill but I do know only certain felonies(slim to none really) can be overturned. There is always the easy way out and just go to purchase a firearm and see if you pass the ATF screening and you will know.

hope this helped!
Wvrecon432
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P
re: Can I legally buy a gun? and get a conceal weapons permi

Any felony for which you received or served sentence, will preclude ownership and possession. In the case of "withold adjudication" or any other sentencing scheme, the proof is whether there is a record. Expungement, in such cases, is usually necessary and the route one needs to take differs from state to state. If it shows on the NCIC, the language of the court will not matter.
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Re: re: Can I legally buy a gun? and get a conceal weapons p

Paul F. said:
Any felony for which you received or served sentence, will preclude ownership and possession. In the case of "withold adjudication" or any other sentencing scheme, the proof is whether there is a record. Expungement, in such cases, is usually necessary and the route one needs to take differs from state to state. If it shows on the NCIC, the language of the court will not matter.
Click to expand...

You are correct...On form 4473 (the NICS check) there is a question...simply "have you ever been convicted of a felony"

it is a yes or no question...if you answer yes...the process stops right there at the dealer...the actual background check is never even filed at that point..the dealer can loose his license if he files a 4473 with a yes in this box!!

If you think think you want to lie on the form just to see if you pass or if your conviction will pop up...well, just hope it doesn't because then you have been caught in a lie to the feds!
it does not matter how the judge sentenced you..only if you were convicted..i.e. found guilty or not!

do you want to take that chance?

There are ways to legally obtain firearms even if you have been convicted of a felony...but you need to contact ATF and obtain a unique personal identification number..providing that you are not currently restricted from owning a gun.
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Pistolero
Re: re: Can I legally buy a gun? and get a conceal weapons p

fomocofan01 said:
You are correct...On form 4473 (the NICS check) there is a question...simply "have you ever been convicted of a felony"
Click to expand...
Simple question, yes. Simple answer, no.

In Florida, withhold adjudication is not a conviction.

In Missouri, a Suspended Imposition of Sentence, aka SIS, is not a conviction.

So the correct answer to that "simple" question is "NO".

Also, that simple question goes on to include on the back of the form, as defining a felony as ANY crime where you could have been sentenced, upon conviction, for MORE than one year in jail/prison. So there are some misdemeanors, in addition to the misdemeanor domestic violence crimes, that will prohibit a person from legally purchasing or possessing firearms.
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Re: re: Can I legally buy a gun? and get a conceal weapons p

Pistolero said:
fomocofan01 said:
You are correct...On form 4473 (the NICS check) there is a question...simply "have you ever been convicted of a felony"
Click to expand...
Simple question, yes. Simple answer, no.

In Florida, withhold adjudication is not a conviction.

In Missouri, a Suspended Imposition of Sentence, aka SIS, is not a conviction.

So the correct answer to that "simple" question is "NO".

Also, that simple question goes on to include on the back of the form, as defining a felony as ANY crime where you could have been sentenced, upon conviction, for MORE than one year in jail/prison. So there are some misdemeanors, in addition to the misdemeanor domestic violence crimes, that will prohibit a person from legally purchasing or possessing firearms.
Click to expand...
It is a simple question....

Either you have been convicted or not...

If it is not a conviction...then you would answer no!

No, misdemeanors do not count!

The question is have you ever been convicted of a FELONY, not misdemeanor...it then further defines which FELONIES..

FELONIES that you could be jailed for more than one year are Class A...Those FELONIES automatically prohibit you from owning a gun!
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Pistolero
re: Can I legally buy a gun? and get a conceal weapons permi

The form, on the back, defines the definition of a felony. "Any crime where you could have received more than one year."

Read the form for yourself.

BTW, the form does not define which felonies are prohibiting, as all felony convictions are prohibiting.
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G
re: Can I legally buy a gun? and get a conceal weapons permi

You are mistaken my friend!

misdemeanors do not count...no misdemeanor has a jail term of more than one year!

They only care about class A felonies, which are defined as felonies that have a jail sentence of more than one year!

I sell guns all day long, I know of what I speak!

there are felonies which are not class A that have jail terms of less than one year, these crimes do not restrict smeone from owning a gun!
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Pistolero
re: Can I legally buy a gun? and get a conceal weapons permi

You sell guns? Do you have the purchaser fill out the form 4473? Read the 4473. Flip it on the back and read the definition of a felony. Then tell me where the words class A felony are ever mentioned.

There are many States that have misdemeanors where a person can receive more than one year in prison. These misdemeanors prohibit a person from legally purchasing a firearm.
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Re: re: Can I legally buy a gun? and get a conceal weapons p

Pistolero said:
You sell guns? Do you have the purchaser fill out the form 4473? Read the 4473. Flip it on the back and read the definition of a felony. Then tell me where the words class A felony are ever mentioned.

There are many States that have misdemeanors where a person can receive more than one year in prison. These misdemeanors prohibit a person from legally purchasing a firearm.
Click to expand...
Yes, I sell guns! Yes the purchaser fills out the 4473..that is Federal law!

They ask you if you have ever been convicted of a FELONY (not misdemeanor), and further (on the back) explain what type of felony (there are more than one type of felonies).

They onlt care about Felonies that have a jail term of more than one year, as these crimes will automatically restrict someone from owning a gun! These Felonies are called class A felonies!

I am sorry you don't understand these laws...and it is apparent that you never will!
The feds are basically asking in a round-about way.."are you restricted from owning a gun?"
Or, have you ever been convicted of a FELONY with a jail term of more than one year....it is very simple!

They are NOT asking have you ever been convicted of ANY crime with more than a one year sentence!
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Pistolero
Re: re: Can I legally buy a gun? and get a conceal weapons p

Anonymous said:
Yes, I sell guns! Yes the purchaser fills out the 4473..that is Federal law!

They ask you if you have ever been convicted of a FELONY (not misdemeanor), and further (on the back) explain what type of felony (there are more than one type of felonies).

They onlt care about Felonies that have a jail term of more than one year, as these crimes will automatically restrict someone from owning a gun! These Felonies are called class A felonies!

I am sorry you don't understand these laws...and it is apparent that you never will!
The feds are basically asking in a round-about way.."are you restricted from owning a gun?"
Or, have you ever been convicted of a FELONY with a jail term of more than one year....it is very simple!

They are NOT asking have you ever been convicted of ANY crime with more than a one year sentence!
Click to expand...
Thanks for proving the fact that these so called simple questions are not that simple. You have shown that even an FFL can sometimes not understand these laws. What was the last sentence you posted?

I suggest you go and get a form 4473 and go to section 11 and read questions (b) and (c).

(b) Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?

(c) Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

Nowhere on the form, front or back, is the term, "Class A Felony" used.

Here's the cite from federal law, Title 18 United States Code, Section 922(g)(1). "It shall be unlawful for any person who has been convicted in any court of, 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 to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
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Re: re: Can I legally buy a gun? and get a conceal weapons p

Pistolero said:
Anonymous said:
Yes, I sell guns! Yes the purchaser fills out the 4473..that is Federal law!

They ask you if you have ever been convicted of a FELONY (not misdemeanor), and further (on the back) explain what type of felony (there are more than one type of felonies).

They onlt care about Felonies that have a jail term of more than one year, as these crimes will automatically restrict someone from owning a gun! These Felonies are called class A felonies!

I am sorry you don't understand these laws...and it is apparent that you never will!
The feds are basically asking in a round-about way.."are you restricted from owning a gun?"
Or, have you ever been convicted of a FELONY with a jail term of more than one year....it is very simple!

They are NOT asking have you ever been convicted of ANY crime with more than a one year sentence!
Click to expand...
Thanks for proving the fact that these so called simple questions are not that simple. You have shown that even an FFL can sometimes not understand these laws. What was the last sentence you posted?

I suggest you go and get a form 4473 and go to section 11 and read questions (b) and (c).

(b) Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?

(c) Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

Nowhere on the form, front or back, is the term, "Class A Felony" used.

Here's the cite from federal law, Title 18 United States Code, Section 922(g)(1). "It shall be unlawful for any person who has been convicted in any court of, 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 to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Click to expand...

Thank YOU for proving MY point!

It does not say "Class A" on the document...I am telling you that THAT is the definition of a class A felony!

any crime with a jail term longer than one year is a Class A felony!

BTW, my point was that there are some felonies with terms of less than one year..these are Class B and do NOT restrict anyone from owning a gun!
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re: Can I legally buy a gun? and get a conceal weapons permi

On further investigation...What i was claaing "class A" is actually now called class 6...which is lowest form of a felony with a jail term of 1 to 5 years.

also note that on the attached link that there are NO misdemeanors with jail terms greater than one year!

http://www.abc.state.va.us/facts/punish.html
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G
re: Can I legally buy a gun? and get a conceal weapons permi

So as you see...the Feds are asking you "are you restricted from owning a gun?"..as I had said!

They are only concerned with crimes with jail terms greater than one year.. I.E. class 6 felonies or above! Not misdemeanors!

Thanks and PEACE
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Re: re: Can I legally buy a gun? and get a conceal weapons p

Anonymous said:
On further investigation...What i was claaing "class A" is actually now called class 6...which is lowest form of a felony with a jail term of 1 to 5 years.

also note that on the attached link that there are NO misdemeanors with jail terms greater than one year!

http://www.abc.state.va.us/facts/punish.html
Click to expand...

It also seems on further investigation that the names and classes are somewhat blurred from State to State, but the bottom line is that as I originally stated...

the feds are only concerned with crimes with jail terms longer than one year which by definition is a Felony, but not all felonies have terms greater than one year..these felonies do not preclude you from owning a gun!

In no case does a misdemeanor have a jail term of more than one year.
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