Felony Pistol Purchaser

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skizzums

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I may have asked this question before, if so I apologize and I do not recall the answer. I have googled through it and it seems mildly clear. For some redundancy, I would like to ask you as well.

I know a man whom would like to own a pistol. He has had some rough points in lfe, but is a kind non-violent man, was he father of a girlfriend I had many years ago. He lives in a rough area south of Atlanta and he has no intentions of CCW, just wants a shotgun/revolver or anything simple to avoid being overpowered in a home invasion. This man is a felon, although he has no charges of violence/domestic abuse/drugs etc, his charge is due to a "misunderstanding: from a local eatery that was remodeling a strip plaza. Apparently he was told by a contractor doing a renovation on a room neighboring another abandoned space in the strip. As he was told, there would not be a problem with him removing items from what seemed an abandoned part of the complex. I don't know the facts or truths, only what I was told, but regardless it is a theft charge of over 500$ for copper and other metals. He was convicted of said felony 5 1/2 years ago.

He was told during pre-trial that his case will be expunged upon completion of a 5 year probation, classes and other programs, which he did, and is now "free and clear" of any ore prerequisites and his "debt has been paid". This sounds great, but I know the court systems rarely take this upon their own leisure to get these items removed. The question is this, if he was to go to a gun store and ATTEMPT to purchase a shotgun, and his charges are not expunged as said, would he be committing a crime? Even though he will likely get a denial, in my opinion, is simply attempting the process a crime in itself if he is still a felon? I cannot recall exactly how the question on the form are asked, but I can assume that he would have to answer yes to something and get an automatic denial anyway, just not sure if trying is illegal.

as a side note, is he legally allowed to own "non-guns", like an SAA or muzzle-loader etc? is his wife allowed to own a gun in the same home(I assume this is a clearly defined "NO"). Is there a way, without going to a judge/police to simply check and see if your allowed to own a firearm without putting you in attention of the authorities?

as far as I can tell, w/o going to the court for a restoration, he should just stay away,, although the black powder stuff is interesting and a six shooter would probably satisfy his needs. thanks
 
He really needs to consult an attorney in his state. I'm not trying to blow you off but any legal advise given here without ALL of the facts of his case by someone knowledgeable of the legal proceedings there would be worthless.
 
The question is this, if he was to go to a gun store and ATTEMPT to purchase a shotgun, and his charges are not expunged as said, would he be committing a crime? Even though he will likely get a denial, in my opinion, is simply attempting the process a crime in itself if he is still a felon?
As I understand it, yes. And, yes.


But, sometimes, you may be left with no other option.

My idiot little brother made a stupid decision a while back that resulted in him becoming a prohibited person. Long story short, he's in the same boat and the division that handles the records cannot divulge a person's status without an inquiry from law enforcement, the courts, or licensed firearm dealer.
"Try to buy a gun..."
If successful, he wins.
If unsuccessful, he committed a crime.
:rolleyes:


He's also complicated by the fact that he may, or may not, be screwed by the Lautenberg amendment. No one seems to have any answers, and he can't afford a better attorney.
 
Each state is different. Some consider black powder to be a firearm some do not. In any case he needs to have his record checked as the court might be sitting on his situation and once they do what they said they wer going to he could be fine.
 
On the Federal Form (instructions to Question 11c... have you ever been convicted of a felony...)

if the conviction has been expunged, the instruction says to answer "NO"
https://www.atf.gov/file/61446/download

So there is some reason to believe the Feds would not see him as a prohibited person.

But until he has a lawyer approach the court to verify his expunged standing -- and that standing is on written record -- he should not even consider attempting to purchase a weapon. (And the state of Georgia is a whole `nuther matter. He [his lawyer] needs to look into his possible "First Felony Offender status.)

Did I mention lawyer ? ;) :mad:

.
 
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A friend of mine got himself into some big trouble 30 years ago and did some time here in IL. I think he did 4 1/2 years. The IL State law says if you served your time, have not gotten into trouble 20 years since being released he is able to apply for his FOID. Well it most certainly was not so simple. He had to fight for it in court and the appeals court sent it back stating there was no grounds to deny him. More was written but I don't recall it all.

It cost him 30k in legal fees and 2 years but he won. He is now a NRA instructor and just got his CCW and teaches CCW classes.

I know this may not help the OP but I will say just as others have that it is likely going to take a lawyer to figure this out.
 
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