convicted felon & buying a gun legally

Speaking of "internet lawyers,"

here's an asinine assertion from one:

"On a side note... be advised that a felony conviction as an adult does not automatically keep you from legally owning a gun. Both Fed and State law specifically say this."

Utter nonsense. In point of fact, Federal - and some state - law says just the OPPOSITE. ANY offense which, under state law, removes or restricts the convicted's right to own firearms triggers the Federal prohibition against possessing ANY firearms. Federal law is quite specific about felons and firearms.

Those who actually bother to check things BEFORE making declarations about them can review the Caron decision and its application of 18 U.S.C. § 922(g)(1) to a convicted felon:

"This Court agrees with the Government's approach, under which a state weapons limitation activates the uniform federal ban on possessing any firearms at all. Even if a State permitted an offender to have the guns he possessed, federal law uses the State's determination that the offender is more dangerous than law-abiding citizens to impose its own broader stricture."

Free legal advice from wanna-bes in chat rooms is overpriced. :barf:
 
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glocknineguy

Another thought I had, If you had competent legal counsel at the time of the conviction the same counsel who handled your case then should already have a complete file on which he/she can assist in the process.

Of coarse if you received inadequate representation at the time using the same counsel may not be the best idea.

Be careful of internet "lawyers." No offense to any of the well meaning folks here who just want to help, but they could be wrong.
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My point: only a qualified attorney in your state can tell you the answer.
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True, I would change "qualified attorney" to "competent attorney", anyone holding themselves out as an attorney is by definition "qualified", competence is not a given. Perhaps for this type of action settling for the former may accomplish the desired results or at worst be a disappointing waste of money.

Trying to cut corners and save money may be more trouble than it's worth.
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Some lawyers are willing to allow you to do leg work otherwise performed by a "runner" or paralegal then billed at $75+++ per hour. There is no reason that you cannot participate in this process to save some money. Ask your counsel how you can help if you have more time than money. (Just my $.02)

Good luck!


(edited to appease a somewhat rude spelling teacher in our midst)
 
My experience with lawyers is that you don't save any money by going cheap...quite the contrary. You don't need a $500 per hour attorney for this purpose, though. Legal counSEL is a wise choice.
 
Number Six:

So, I'm asinine?

Well I will quote direct from the ATF web site:

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who –

(1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year.


Where does this say felony conviction or what ever?
Also, I was not giving my opinion be it internet lawyer or not.... I was stating an absolute fact about the guy who was convicted 26 years ago of a 'felony' and then recieved a concealed weapons permit.. no pardon... no lawyers filing paper work.. in fact the lawyer he did consult said the only way to get rid of the conviction was a pardon by either the govenor of the state or the president. Besides all this, I started out saying he should consult a lawyer... because I don't have a clue about the laws in his state.
 
So, I'm asinine?

Well I will quote direct from the ATF web site:

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who –

(1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year.


Where does this say felony conviction or what ever?
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That's the very definition of a felony: a crime punishable by more than a year's imprisonment. Also, based on what you said about your friend, he was probably convicted of a misdemeanor (you said he was caught with some "grass"). Pot possession (as long as it's not a huge amount) is usually a misdemeanor offense. Of course, I don't know the details of your friend's conviction and I don't know the law under which he was convicted. But, it's my best guess. And it would explain why he got a permit notwithstanding a criminal record.

I, of course, did not personally attack you (you were responding to someone else's comments). And my intention in chiming in here was to help the person who posted this thread. The law is a tricky thing, and that's why he needs a good lawyer.
 
Quod est demonstratum

From the BATFE, per YOUR cite:

"1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year."

Now onto your query:

"Where does this say felony conviction or what ever?"

As has been noted, the common law definition of a felony is any crime with a potential penalty of at least 1 year in prison. Apparently not "common" enough for you to realize, however.......

You also fail to address the application of the regulation under the Caron decision. As for your assertion that:

"Also, I was not giving my opinion be it internet lawyer or not.... I was stating an absolute fact about the guy who was convicted 26 years ago of a 'felony' and then recieved [sic] a concealed weapons permit,"

it is almost certain that your "absolute fact" is absolute fiction. A convicted felon would not pass the NICS check. :rolleyes:
 
my father droped by his attorney today asked him to look into it for him (he was their for other reasons) my dad is going to pay for that but if i need an expungement or whatever then i have to pay for it but at least ill know from an attorney from my state and city wheather it needs to be done i will do everything in my power to get my record clear if it isnt already clear
 
Put asside my points about Felonies

From the original post question... he is not a convicted felon. He needs to just ask a lawyer in his state to make absolutely sure but something he did at 14 surely is not relavent now. m Especially if it was a one time event.
 
halluhas it turns out i was charged with adjucated Delinquency and unruly child it cost me 55 bucks to get the whole proces started i have a court hiring this thursday of course i will have to pay court costs on top of the 55 but its money well spent!!!!
 
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Like I said,

It was not a felony... probably don't even have to pay the money to remove it...but is a good idea.

As for the Big Felony thing... I know I'm right. You can believe what ever you want but I've got the paper work to prove it.

Oh, and I second pipoman's congrads. Took me 25+ years to find out I was legal.
 
they told me that at the hering or whatever that i can ask questions. i want to find if im leagal to buy a firearm (just want to double check and make sure) but i dont want to just come out and say hey "can i buy a gun?" is thair another way to ask this without bringing up firearms?
 
i dont want to give the wrong impression (and my father realy doesnt want me to ask about firearms) couldent i just ask something about gov. aplications or paper work?
 
maybe you could ask them if you'll be able to buy a rifle/shotgun and go hunting. That still sounds fairly down to earth and non threatening.

Or ask them how long until the expungment will show up on a background check, that more n more jobs require it, and you don't want to foil your chances for a good job that you've had your eye on for awhile.

It's the same background check for firearms.
 
A desire to exercise your right to be a firearms owner is a perfectly logical and acceptable reason for requesting the expungement in the first place.

You should ask specifically "will I be able to get a CC permit now?" If the sheriff or whoever does the background check would deny your application the transcript of the hearing would probably help.

It's OK to want to have a CCW ;) ;) :D

Edited Oh I guess you are in Ohio
 
hmm that does sound better. sorry im just realy nervus about this. the whole incident has bothered me for quite a long time now.

Or ask them how long until the expungment will show up on a background check
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i think ill ask that
 
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