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Vet denied firearm based on 42 yr old misdemeanor

Discussion in 'Politics, Elections & Legislation' started by HSLDS, Jul 18, 2013.

  1. HSLDS

    HSLDS Well-Known Member

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    Oh boy...

    Just look at what the DOJ / FBI are spending their time on now...
     
  2. HSLDS

    HSLDS Well-Known Member

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    I think it is any crime PUNISHABLE by a year or more in prison (regardless of actual sentence), and many domestic dispute issues will put you on the list.
     
  3. HSLDS

    HSLDS Well-Known Member

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    Back in the day, if you recall, there were many police officers who could not legally own a firearm after Lautenberg passed his bill.

    To wit: To get a divorce there used to be no such thing as "no fault," so one of the parties had to be guilty of violating some covenant of law.

    Typically the husband would plead 'no contest' to some form of domestic abuse - thus satisfying the legal requirement of the law so the divorce could proceed.

    Flash forward, and those crimes COULD HAVE been punished with years in prison, and as such these officers could no longer posses firearms.
     
  4. Brian in Oregon

    Brian in Oregon Well-Known Member

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    The Lautenberg Law does not even specify a domestic abuse crime punishable by more than a year. It is ANY misdemeanor domestic abuse conviction.

    As for the situation above involving the vet, there are two places where this may be an issue.

    First, if the conviction was punishable by more than a year in jail or prison, regardless of what was actually meted out. (4473 question 11c)

    Second, if the above does not apply because it was a year or less, the FBI might be considering that he may be an unlawful user of, or addicted to, narcotics or marijuana. (4473 question 11e)

    The first one MAY be possible to overcome, if it was a state law, and if the state has a vehicle in place to expunge records for misdemeanors or felonies. I have a relative who had a felony attempt to elude (tried to outrun the cops in a car) when he was a teenager. It took a decade, but he finally got his record expunged and can and has passed NICS now and has bought firearms. This is not an easy legal process.

    The second issue, if this is the rejection reason, may have to be appealed with the FBI. There is an appeals process in place. See link.

    What he needs to do is find out specifically why he was rejected and then take the appropriate course to correct the problem.