Misdemeanor & Purchase

[dredge999]

I have a friend who was just denied on his FBI check to purchase a handgun. He states that his only charge is a public intoxication (Class C Misdemeanor I believe).
I didn't think that this would disqualify him from purchasing a handgun. He did say that his court date is still pending in April. Is it because he hasn't gone to court yet?

Since I received my CHL this month I have been even more diligent in my own efforts to stay out of trouble so that I can keep my plastic and be able to defend myself. I guess when you make it to 40 you realize you need to behave :)

Sorry if this is a bit off topic but I didn't know what other forum to place the question in.

Rick

[seamusTX]

The only misdemeanor conviction that disqualifies a person from buying or possessing a firearm is domestic violence—and that has to fit a very specific federal definition.

A single class C PI does not disqualify a person from getting a CHL unless it's part of a pattern of alcohol or drug abuse.

Probably the guy has a problem with a common name or something of that sort.

- Jim

[Salty1]

I have a customer who is in the same situation, he was "arrested" for DWI and the breathalyzer read .02 and the PD wanted to prosecute because they claimed he did not pass the field sobriety test. The DA refused to prosecute but the paperwork remained in place as being arrested but no trial, conviction or dismisal. He is going through the FBI appeal process which has been going on for almost 6 months now in order to complete his purchase. The local PD and DA could care less about helping him get the issue resolved and are pointing the fingers at each other as to who has responsibility..... The kicker on this is that he has purchased firearms in the past with no issue and he was purchasing a Nagant... He wants to get his CHL but is waiting for this mess to get cleared up first...

[seamusTX]

A misdemeanor arrest without a conviction should not disqualify a person from purchasing a handgun. (A felony indictment or restraining order does.)

Unfortunately when the legal system creates problems for you, it's your problem, not theirs.

There also could be something that you haven't heard about. The powers that be are slowly digging up old records and getting them into NICS. Sometimes a decades-old misdemeanor domestic violence conviction comes back to bite someone. Sometimes the person doesn't even realize what he signed in the past, because he never went to jail.

The exact words of the question on the form 4473 are:

Questiou ll.h. - 11.1. Definition of Prohibited Person: Generally, 18
U.S.c. § 922 prohibits the shipment, transportation, receipt, or possession in
or affecting interstate commerce of a firearm by one who: has been convicted
of a misdemeanor crime of domestic violence; has been convicted of a felony
or any other crime. punishable by imprisonment for a tern exceeding one year
(this does not include State misdemeanors punishable by imprisonment of
two years or less); is a fugitive from justice; is an unlawful user of. or
addicted to, marijuana or any depressant. stimulant. or narcotic drug, or any
other controlled substance; has been adjudicated mentally defective or has
been committed to a mental institution; has been discharged from the Armed
Forces under dishonorable conditions; has renounced his or her U.S.
citizenship: is an alien illegally in the United States or a nonimmigrant alien;
or is subject to certain restraining orders. Furthermore, section 922 prohibits
the shipment, transportation, or receipt in or affecting interstate commerce of
a firearm by one who is under indictment or information for a felony, or any
other crime, punishable by imprisonment for a term exceeding one year.

- Jim

[rm9792]

This is why private sales are preferred. Plus no sales tax.