Gun ownership...

TH3M B0N3Z

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Back in 2010, I was arrested for domestic violence (misdemeanor) and served 6 months probation and some DV classes. October this year will be 3 years since the incident occurred, but June 2014 will be 3 years since my probation ended. I live in Florida according to Florida law, I can still own a firearm if 3 years have passed since probation. This is what I'm reading online, but I'm also getting lots of mixed answers.

So if I take a background check in order to purchase a gun, what are the chances that I'll qualify? My dad recently bought a gun and he and I just went up to our local Shoot Straight and a fancy 1911 caught my attention. :xyxthumbs:
 
Back in 2010, I was arrested for domestic violence (misdemeanor) and served 6 months probation and some DV classes. October this year will be 3 years since the incident occurred, but June 2014 will be 3 years since my probation ended. I live in Florida according to Florida law, I can still own a firearm if 3 years have passed since probation. This is what I'm reading online, but I'm also getting lots of mixed answers.

So if I take a background check in order to purchase a gun, what are the chances that I'll qualify? My dad recently bought a gun and he and I just went up to our local Shoot Straight and a fancy 1911 caught my attention. :xyxthumbs:

I think you're good to go... check this out:
Reasons You Can Be Denied a Firearm Transfer

Going to the range is something my wife and I love doing. I also have a CCW and my weapon of choice when carrying is a Glock 26. It's also where my screen name came from. :)

A 1911 is a nice piece. Better get while the gettin' is good. Who knows what's going to happen with the gun laws in the future.
 
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I think you're good to go... check this out:
Reasons You Can Be Denied a Firearm Transfer

Going to the range is something my wife and I love doing. I also have a CCW and my weapon of choice when carrying is a Glock 26. It's also where my screen name came from. :)

A 1911 is a nice piece. Better get while the gettin' is good. Who knows what's going to happen with the gun laws in the future.

I also have an AR15 among many others which was a pre-ban when Clinton banned AWs. It has an M4 setup. Nothing fancy, but resembles the old school M4 style. It was really valuable being a pre-ban, but then when the ban sunset it became just another AR :( At least if they ban them again the value will go back up, I hope.

The very last reason to be denied is domestic violence. This is what kinda scares me. :( I remember the day after I was released, some cop came by and asked if I had any guns and said I needed to give them up. I have no guns and she actually took my word for it, lol.

Do I need a gun? Maybe not. But I'd like to know I have that protection just in case. Plus I wouldn't mind taking it out every so often to the firing range. I'm going tomorrow with a co-worker and my dad. I get to shoot his gun, it's a 40 cal Smith & Wesson. Pretty badass little gun. And my friend from work has an assortment of handguns he's gonna let me try out.
 
The very last reason to be denied is domestic violence. This is what kinda scares me. :( I remember the day after I was released, some cop came by and asked if I had any guns and said I needed to give them up. I have no guns and she actually took my word for it, lol.

Do I need a gun? Maybe not. But I'd like to know I have that protection just in case. Plus I wouldn't mind taking it out every so often to the firing range. I'm going tomorrow with a co-worker and my dad. I get to shoot his gun, it's a 40 cal Smith & Wesson. Pretty badass little gun. And my friend from work has an assortment of handguns he's gonna let me try out.

Ahh didn't see that. I saw this and thought you're good.
Convicted of a felony. Convicted in any court of a crime which in punishable by a term of more than one year or a misdemeanor punishable by more than two years.

I'd just try. All they can say is no :)
 
I seem to remember one of the questions on the current CCW and purchase request asks if you have been convicted of domestic violence. I suppose if you said "yes" or found under the background check it could be an issue.
 
I seem to remember one of the questions on the current CCW and purchase request asks if you have been convicted of domestic violence. I suppose if you said "yes" or found under the background check it could be an issue.

It just seems that years later it wouldn't matter. A misdemeanor is a minor crime. A felony, I can totally understand, as that indicates a more serious crime.
 
I have to fill this paperwork out every year for work along with renewing my CWP. You def need to report it on the paperwork. It will go alot smoother and give you better chances in being able to own one. If you don't report it and they find it , then it will look like your trying to cover it up. Goodluck to you !


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Per: "The Violence Against Women Act" (VAWA), part of the 1994 Crime Bill


Firearm Offenses

Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence, 18 U.S.C. §922(g)(9):

As of September 30, 1996, it is illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. This prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date. A qualifying misdemeanor domestic violence crime must have as an element the use or attempted use of physical force or the threatened use of a deadly weapon. For example, a conviction for a misdemeanor violation of a protection order will not qualify, even if the violation was committed by a violent act, if the statute does not require the use or attempted use of physical force or the threatened use of a deadly weapon. The U. S. Attorney's Office can determine which misdemeanor convictions qualify.

In addition, the statute contains due process requirements regarding counsel and jury trials. Absent compliance with these due process requirements, the misdemeanor conviction will not qualify as a domestic violence conviction for purposes of Section 922(g)(9). Moreover, a person may be able to possess a firearm if the conviction has been expunged or set aside.




Transfer of Firearm to Person Convicted of a Misdemeanor Crime of Domestic Violence, 18 U.S.C. §922(d)(9):

It is also illegal to transfer a firearm to a person convicted of a misdemeanor crime of domestic violence. A violation of Section 922(d)(9) must be knowing. Assistance in satisfying this requirement is provided by amendment of the Brady statement to require a purchaser of a firearm to state that he or she has not been convicted of a misdemeanor crime of domestic violence.



"For every untoward action taken in the past,
its opposite reaction will take its turn to come back and haunt".
~ Rocky Powell, 1967
 
Per: "The Violence Against Women Act" (VAWA), part of the 1994 Crime Bill


Firearm Offenses

Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence, 18 U.S.C. §922(g)(9):

As of September 30, 1996, it is illegal to possess a firearm after conviction of a misdemeanor crime of domestic violence. This prohibition applies to persons convicted of such misdemeanors at any time, even if the conviction occurred prior to the new law's effective date. A qualifying misdemeanor domestic violence crime must have as an element the use or attempted use of physical force or the threatened use of a deadly weapon. For example, a conviction for a misdemeanor violation of a protection order will not qualify, even if the violation was committed by a violent act, if the statute does not require the use or attempted use of physical force or the threatened use of a deadly weapon. The U. S. Attorney's Office can determine which misdemeanor convictions qualify.

In addition, the statute contains due process requirements regarding counsel and jury trials. Absent compliance with these due process requirements, the misdemeanor conviction will not qualify as a domestic violence conviction for purposes of Section 922(g)(9). Moreover, a person may be able to possess a firearm if the conviction has been expunged or set aside.




Transfer of Firearm to Person Convicted of a Misdemeanor Crime of Domestic Violence, 18 U.S.C. §922(d)(9):

It is also illegal to transfer a firearm to a person convicted of a misdemeanor crime of domestic violence. A violation of Section 922(d)(9) must be knowing. Assistance in satisfying this requirement is provided by amendment of the Brady statement to require a purchaser of a firearm to state that he or she has not been convicted of a misdemeanor crime of domestic violence.



"For every untoward action taken in the past,
its opposite reaction will take its turn to come back and haunt".
~ Rocky Powell, 1967

Thanks for rubbing it in... more or less.
 
If you're going to make any gun purchases, do it at gun shows or through people you know, pay in cash, and don't register the firearm nor apply for a CCW.

Puts a big red target on your head for Uncle Sam if/when the powers that be decide the people of America don't need guns anymore.
 
If you're going to make any gun purchases, do it at gun shows or through people you know, pay in cash, and don't register the firearm nor apply for a CCW.

Puts a big red target on your head for Uncle Sam if/when the powers that be decide the people of America don't need guns anymore.

If I don't register a gun, doesn't that make it illegal for me to own one? Forgive me, but I don't know the gun laws as I've never owned one before. A friend of mine at work does all sorts of gun shows and he said he makes sure he sells to individuals who are 21 and older only. Maybe I can talk to him.
 
If I don't register a gun, doesn't that make it illegal for me to own one? Forgive me, but I don't know the gun laws as I've never owned one before. A friend of mine at work does all sorts of gun shows and he said he makes sure he sells to individuals who are 21 and older only. Maybe I can talk to him.

Not necessarily. I think it depends on the state. For example, in the state of Tennessee you are not required by state law to register a handgun or long gun.
 
If I were you, I would check the Florida Attorney General's page for all specifics. You will get a variety of responses on this forum, many of which may not apply to you as the help may come from states other than Florida.

So, first, check your Attorney General's webpage here:
Florida Attorney General - Home Page
If you can't get your answer via the website, call and/or write your AG.

Then, check hangunlaw.us and Florida's page:
Handgunlaw.us

Also, you are NOT required to register your handgun or shotgun in Florida. That said, with your history I am not sure if there is a stipulation that requires you to do so.
 
It seems the hiccup here is question 11 on form 4473.....

For a little bit more as to form 4473 and the specific question, which is Question 11b. - 11.1.

Under the instructions on page 4:
Question 11.b. = 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 domesti violence; has been convicted of a felony, or any other crime, punishable by imprisonment for a term 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 subsantce; has been adjudicated mentally defetie or has been committed to a mental institution; has been discharged from the Armed Forces under dishonorable condititions; has renoucned his or her U.S. citizenship; is an alien illegally in the United States or an alien admitted to the United States under a nonimmigrant visa' or is subject to certain restraining orders. Furthermore, section 922 prohibits the shipment, transportation, or receipt in or affeting interestate commerce of a firearm by one who is under indictement or information for a felonny, or any other crime, punishable by imprisonment for a term exceeding one year.

Question 11.m. Under Indictment or Information of Convicted in any Court: An indictment, information, or conviction in any Federal, State, or local court. An information is a formal accusation of a crime verified by a prosecutor.

EXECEPTION to 11.c. and 11.i.: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purhasing, receiving, or possessing a fireram if: (1) under the law of the jurisdiction where the conviction ocurred, the peron has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (like the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the onviction occurred from receiving or possesing firearms. Persons subject to this exception should anser "no" to 11v.v or 11.i., as applicable.

And it goes on and one talking about mentally defective, et al.

*>*>*>*>*>*>*>*>*>*>*>*>*>*>*

As for whether or not you purchase your gun from a FFL holder and have to 'register' it by filling out a Form 4473, that is totally up to you. One word of advice, if say your dad bought it for you and gave it to you, and you were not legally allowed to own a firearm, that is considered a "straw purchase" and is exactly what is in the crosshairs of not just this administration, but has been for years with many others.

You do not have to register a firearm that you own, period. You cannot however carry a firearm without a CCL. You can have one in your vehicle if it is unloaded, and the ammo is not within reach. (Like you can have the gun laying in the seat next to you but the ammo would need to be in the trunk.) Some will allow the ammo to be in the glove box, PROVIDING it's locked, but that's a gray area and surely a way to get an eager cop to arrest you then and there! :(

I've had a CCL since I wa 18 (we could get them at that age back then) and most of the time I will indeed have a firearm on me. My wife has a CCL and so does my daughter (she got her's after she turned 21). We all carry, and the FIRST THING I tell my family when getting pulled over is to put your 'carry license' on TOP of your drivers license. That way, you don't have to try to get the gun off your body or make any weird movements that just tend to make cops nervous. When they ask for your license and see the 'toting permit' they'll ask "do you have a gun in the car now" and then you tell them exactly where. (Or in our case there is probably more than one!) ;) More often than not they end up appreciating your gesture and if they've pulled you over for some BS thing they'll let you go as well. :D

Can't blame you for wanting a 1911, they are awesome weapons! Cocked-n-locked is the only way to go. :) Don't have a photo handy of the wife's, but it's a LC9 with the Laserguard. Like this one:


My daily carry is a Kimber 3" Ultra TLE with a custom made holster.
Ultra_Carry_TLE-II-large.JPG

My daughter carries either a Ruger LR9-C or her Kimber Super Carry Pro. Which she has on as we speak. Her new custom rig is Havana elephant and quill ostrich, smooth calf leather lined, gray suede on the back, full paddle holster with adjustable cant. I had made for her this last Christmas. Really talented gunleather guy I found in the Georgia mountains. :xyxthumbs:
Super_Carry_Pro_Rig-large.jpg
 
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