Drug addict and gun laws

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Dr Bob

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My son was an addict years ago but went to recovery and has been clean and sober without even a traffic ticket for at least 6 years. He tried to buy a gun from a local gun shop and was denied. How long does he have to be clean and sober before he can own a gun?
 
Was he convicted? involuntarily committed? If so, the answer is maybe never.

You need professional legal help to get a good answer.

That ain't me.
 
I can't remember all the particulars. He never went to jail or anything. Was convicted of driving under the influence and possession of drug paraphernalia. He went to rehab on his own.
 
Federal Law says:

18 U.S.C. § 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are 1) those "pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices," per 18 U.S.C. § 921(a)(20)(A); and 2) felony convictions from foreign countries
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If it is a felony you can stop now he can not legally possess a gun.

If the possession charge was a misdemeanor then it goes to state laws. I don't know what your state is so you need to contact an attorney locally.

Some states also restrict possession for known drug addicts and alcoholics. A lot of times this is at the local level.
 
It's not how much time he did, it's what the max time he could have got. but if it was a felony drug bust and was convicted. He is SOL. He would need a pardon.
 
Dr. Bob, you can pay a lawyer who can give you a precise answer and is ethically bound to keep all you tell him confidential or you can share with tge entire world a lot more details than you have ao far (exact criminal/mental disposition, states involved, etc.) and you can get an answer that is probably close enough for free. Your call.

Under the scenario you describe (went to rehab voluntarily, no convictions besides DWI), he is not a prohibited person under federal law - unless there is some information missing.
 
Dr. Bob, your son does need to contact a lawyer about this. We can't give you legal advice, and it not the best idea to post information about someone's legal problems in a public forum.

Wishing you all the best... closed.
 
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