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U.S. Gun Laws: Who can own?

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posted on Jul, 11 2008 @ 06:09 AM
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I used to think it was as simple as: if you haven't been convicted of a felony, and were over the age of 21, and hadn't been convicted of any drug sale or trafficking charges (i recalled being guilty to misdemeanor possession of something like pot not a part of the law, please correct me if I am wrong), that you could pass the background check for the purchase of a"long gun", a rifle that could be used for hunting, even if it looks militaristic for style, semi-auto. I'm not talking about pistols because I realize the laws are different and tougher in regards to pistols, especially concealed pistols, and I have no intention of learning these laws because I never have or had any intent to own handguns.

I just wanted to know if my friend will be able to get his rifle still, it is an AR-15 style ... single shot .. semi-auto ... just a regular ole rifle, he's been wanting to buy it for so long, then got busted (1st offense too) for possession of pot, less than a gram .. technically none .. just a pipe w/ashes .. and hasn't gone to court yet. He read that it is considered a unique misdemeanor if it is the 1st offense, so it is less than even the least bad misdemeanor. There were no charges of intent to distribute, or anything other charges, just a simple possession charge.

*IF* they find him guilty of this 1st offense, this misdemeanor, and he has to go do community service, have a restricted license for a few months, would this make it so he could never pass a BG-check to purchase a rifle? Because I clearly remember a felony or some sort of selling/trafficking of drugs had to be involved in the charge to make the person ineligble for a firearm of any kind.

Yes, my friend has been advised by his lawyer that if he is found guilty, since it is his first offense, he'd likely be offered probation, which if he completes with no other charges, his 1st offense charge would be changed from "guilty" to "dismissed", and no longer viewable on employment background checks, only viewable by law enforcement checks, and he'd no longer be considered ever being guilty .. basically. What happens then, could he purchase the rifle after the probationary period for this most minor of misdemeanors?

He doesn't have a computer and asked me, and I knew this was where to come to get the answers. PS, he lives in Virginia if it matters.

[edit on 7/11/2008 by runetang]




posted on Jul, 11 2008 @ 07:03 AM
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Given that there are state, as well as federal laws about gun ownership, his best bet would be to ask his lawyer. I only know the gun laws in Arizona and Missouri, but in those states, he should have no trouble at all getting a shotgun or rifle, and probably little trouble getting a pistol, if he wants.



posted on Jul, 11 2008 @ 07:21 AM
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Originally posted by runetang
I used to think it was as simple as: if you haven't been convicted of a felony, and were over the age of 21, and hadn't been convicted of any drug sale or trafficking


The stupid issue that "crimminals" can not own guns is unconstitutional. Nowhere does the 2nd ammendmant say "except felons". By accepting the false issue that some crimminal can't own guns, one paves the way for all crimes to be added to the list................

At the writting of the constitution and the 2nd ammendment crimminals and felons were around. Yet the founders did not exclude such in the actual ammendment.............why?

Currently "insta-check" is stopping legal transfer based on "similar names" lists in harsh anti-gun states like massachusetts..........someone with a similar name who lives in Texas is denied a gun based on someone with a similar name who is a "suspect" in massachuesetts.........no conviction.........no felony...just a suspect with a "similar" name.......



posted on Jul, 11 2008 @ 07:27 AM
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State laws and some city/county laws vary greatly. Fed > PA > Philly for example. Philly is in PA and PA in the U.S. but the gun laws don't reflect it.

I have experience with some of the most restrictive anti-gun states in the country and even they wouldn't keep a rifle out of the hands of someone with a misdemeanor pot offense.

Generally the offenses that will keep a gun out of your hands are of the violent and/or mental disorder type. Spending time in a psychiatric hospital, getting into a fight, road rage offenses and beating your wife for example.

You can be a pot head or a drunk and still get a rifle nine times out of ten.



posted on Jul, 11 2008 @ 07:30 AM
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Originally posted by heliosprime

The stupid issue that "crimminals" can not own guns is unconstitutional. Nowhere does the 2nd ammendmant say "except felons". By accepting the false issue that some crimminal can't own guns, one paves the way for all crimes to be added to the list................



Totally agree.


Personally, I think any and all regulations, registrations, limitations, exceptions, etc... are all infringements.



posted on Jul, 11 2008 @ 09:35 AM
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Originally posted by heliosprime
The stupid issue that "crimminals" can not own guns is unconstitutional. Nowhere does the 2nd ammendmant say "except felons". By accepting the false issue that some crimminal can't own guns, one paves the way for all crimes to be added to the list................

At the writting of the constitution and the 2nd ammendment crimminals and felons were around. Yet the founders did not exclude such in the actual ammendment.............why?


How about all the publicity against 'convicted felons' and gun rights? If you read the comments on basically any gun-law related article nowadays, you see an overflowing of ignorance and a desire to disarm your neighbor. Of course, these comments are coming from the type of person who can't help but to spew fourth their righteous BS to the rest of the world, but it gives you an idea of the ignorance surrounding this topic.

How many of us in this country actually know what the definition of a 'Felony' is? Well, in case you didn't know, it's this - ANY crime punishable by more than 365-days in prison is considered a felony. It doesn't matter what the crime is - if there is a chance you will be sentenced to more than 365 days for your conviction, it's a felony.

Think of how many ways there are to become a 'convicted felon' - imagine how many there are in this country. Are people even aware that there are members of congress who are 'convicted felons' themselves?

The denial of gun ownership rights encompassing this broad spectrum of persons is simply put, one of the dirtiest tactics our government has in the quest to disarm us.

And to answer your question, no - your friend won't be denied, it just sometimes takes forever. You can only be denied for psychological reasons, violent crimes or being a convicted felon.



posted on Jul, 11 2008 @ 01:37 PM
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Here are the Federal exclusion categories, looks like he will have to sell his guns for a period of one year following conviction:


• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

• Persons who are fugitives of justice; for example, the subject of an active felony or misdemeanor warrant.

• An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year, or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year, or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.

• A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges pertaining to found not guilty by reason of insanity or found incompetent to stand trial.

• A person who, being an alien, is illegally or unlawfully in the United States. A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.

• A person dishonorably discharged from the United States Armed Forces.

• A person who has renounced his/her United States citizenship.

• The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.

• A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similarly situated to a spouse, parent or guardian of the victim.

• A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.



posted on Jul, 13 2008 @ 04:57 AM
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reply to post by Retseh
 




• An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year, or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year, or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.


This is what I was looking for. So, he would have to wait exactly one year from the date of being found guilty in a court of law to apply for a 'long gun'. Considering *if* he is found guilty, he'll be on a year-long probation, I don't think he'd be rushing off to the gun store anyways until that was over with.

Thx so much for the info, now I can tell him and he won't be sad. lol..




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