Felony...are some different than others?

[Numbers]

According to the BATF, isn't one prohibited from purchasing a firearm if one has ever been convicted of a felony? What if it was a minor ,i.e., not so bad, felony? What if the conviction has been expunged? Isn't a felony (no matter where committed) a felony? Or are some felonies treated different than others, depending on where the crime was committed?

I ask these questions because I always understood that to be convicted of a felony cost more than the fine and time behind bars. I thought that a felony conviction meant the loss of the right to vote, for example. But, I hear others talk of being convicted of a felony and say that since their sentence was probated (not deferred adjudafication [sp]), the felony would automatically drop from their record in seven (or some such number) of years. Then they would be allowed to purchase a firearm.

Is there something unique to the various states that could account for this?

Somebody, clear me up on this.

Joe

 

[dZ]

Prohibited Persons

The GCA makes it unlawful for certain categories of
persons to ship, transport, receive, or possess firearms. 18
U.S.C. 922(g). Transfers of firearms to any such prohibited
persons are also unlawful. 18 U.S.C. 922(d).

These categories include any person --

1.under indictment for a crime punishable by imprisonment
for a term exceeding one year;

2.convicted of a crime punishable by imprisonment for a
term exceeding one year;

3.who is a fugitive from justice;

4.who is an unlawful user of or addicted to any controlled
substance;

5.who is an illegal alien;

6.who has been discharged from the military under dishonorable conditions;

7.who has renounced his or her United States citizenship;

8.who is subject to a court order restraining the person from harassing, stalking, or
threatening an intimate partner or child of the intimate partner; or

9.who has been convicted of a misdemeanor crime of domestic violence (enacted by the
Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective
September 30, 1996).

18 U.S.C. 922(g) and .

 

[George Hill]

7.who has renounced his or her United States citizenship;


How do "THEY" track this?

 

[Bunkster]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by George Hill:
7.who has renounced his or her United States citizenship;


How do "THEY" track this?[/quote]

Wasn't this started because of Lee Harvey Oswald?

Regards

 

[Good Guy]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dZ:
Prohibited Persons

2.convicted of a crime punishable by imprisonment for a
term exceeding one year;[/quote]

This means what it says, even if the convicted individual never serves one day in the can. You are prohibited IF you "could have been" sentenced to a term exceeding one year, meaning one year and a day, or more. The feds don't care if the state later expunges the crime from your record. Pardons are another story. I've have heard of a process where one can petition the BATF to restore your 2nd rights, but I don't know anything about the specifics.

Some old individual states statutes are conflicting and confusing. So what else is new?


------------------
Just one of the Good Guys

 

[Paul B.]

If you are convicted of a "state" felony, in some states you may petition the court to have your "rights" restored. If the court restores your "rights", then you may vote, buy firearms and not be afraid of the BATF. Whether or not all states may allow rights restoration and one should check with their individual state.
In the case of a federal felony, I don't believe the government has ever allowed a "federal felon" rights restoration.
It would seem to me, that once a convicted person served out his term, and paid his debt to society, that his rights whether state or federal should be automatically restored. I believe they were, until that legislative abortion called the Gun Control Act of 1968 was foisted upon the American public by the Democraps.
Paul B.

 

[dZ]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>9.who has been convicted of a misdemeanor crime of domestic violence (enacted by the
Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective
September 30, 1996).[/quote]

spanking your kid



dZ

 

[branrot]

First of all, this is not legal advice. DO NOT TAKE ANY OF THIS AS FACT. The thing that matters (at least in Florida) is whether you've been "adjudicated" guilty (meaning convicted) of a felony.

For example: if you recieve a "withhold of adjudication" or enter a pre-trial intervention program, you have not been convicted even though you may have done probation or even some time in the can.

However, juvenile felonies do count, and if you get a withhold and violated probation you can be adjudicated then.

Regarding sealing and expunging, you can generally only seal if you recieved a withhold, and expunge if your case was somehow dismissed.

Finally, you can have your rights restored (or be pardoned, etc.) under some limited circumstances, but that requires a court order.