Finished with probation

There is absolutely NO LEGAL BASIS for a federal denial of a purchase for someone for whom the charges have been dropped.
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Your absolutely right.
However, I'l bet the chances of him getting it are less than zero.
When the licensing authority has any discretionary power over the application, no one is going to sign off on this one.
 
You're mixing apples and oranges, let me clarify. As I wrote, no legal basis for a federal purchase denial, but the local permits are discretionary. However, there is nothing stopping him from applying, or, if that fails, moving to a friendlier state.


Quote:
There is absolutely NO LEGAL BASIS for a federal denial of a purchase for someone for whom the charges have been dropped.
Your absolutely right.
Click to expand...
However, I'l bet the chances of him getting it are less than zero.
When the licensing authority has any discretionary power over the application, no one is going to sign off on this one.
Click to expand...
 
I would have thought there are too many unknowns here:

1. What were the felony's

2. Can the Police draw an inference regarding someone's character from the fact that they have been arrested but not convicted of an offence? I would have thought that the whole process he is going through is to protect his character for legal purposes.

My suggestion to him is find a lawyer experienced in Firearms Law in your state or one who practices in Administrative Law and have their help completing the application. They can then guide you through any review processes available to you in the event that your primary application is rejected.
 
Arrests are not supposed to play in, only convictions. Lots of innocent people are arrested. I was once arrested because a couple friends of mine set off a pipe bomb (in an empty field, for amusement). We were high-school age at the time. Anyway, once it was cleared up that I had no knowledge of what they were up to (they had stopped by my house to include me but I wasn't home when they stopped by) I was let go. Only a conviction establishes guilt in the eyes of the law. Arrests are a dime a dozen, and never ever imply guilt.
 
It'll still show up but shouldn't stop you from getting a firearm or CCW. I hate to admit it but when I was younger and stupid I got into a bit of trouble and was on probation for 3 years. After I completed my probation my charges were dropped down to Misdemeanor and I had those expunged and all was ok until Brady went into effect. At that time I was denied and had to jump thru a few hoops in AZ. to clean/clear things up and all was well until I moved to TN. then I had to get my records and send them in to clean/clear up things again. I generally do fine on the insta-check but once in a great while someone that's not in the know will deny me and I'll have to go thru the appeals process to the denial. Last time it happend I was on the phone to TBI and ATF for about two weeks and sending in paper work to get things cleaned up again. That was a few years ago and I've gone thru ok since then. I think they finally got it,LOL. I do have my CCW also so the good news is yes, you can get a CCW and buy firerarms but the bad news it that it may be a real pain in the butt until you get all the insta-check ducks in a row.
 
Can the Police draw an inference regarding someone's character from the fact that they have been arrested but not convicted of an offence?
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It would appear that in most localities where the police or a judge have the licensing authority they can do whatever they please. You can always take them to $court$ if you disagree.
 
the reasons i stated for denial are good ones in my mind. it's not a question of whether one is convicted or not. if the person's been a stalker, had a restraining order against them, beaten their wife or children or been committed for mental problems - these are all reasons to deny gun ownership and 2 of them that would have prevented that killing spree in virginia not too long ago. so i guess it's more relevant to me what kind of crime they were accused of. someone who was reputed to have done any of those things may not have been convicted as well. because people apologize and charges get dropped, etc.

with all that said, i really don't know what connecticut law says or what this gentleman's chances might be.
 
The only real law that we need to stop "killing sprees" is to allow citizens their Right to carry. Criminals will get guns no matter what, only law biding citizens give a hoot about laws and they're the only ones hurt by laws that keep people from getting firearms.
 
Kevin, I too live in CT and when I was 18 I was arrested and put on accelerated rehabilitation. Granted, it was for 1 non-violent misdemeanor, but still. I applied for and received my permit a couple of years ago, and not only that but from paperwork filing to the day I picked up the card at the DPS only 3 weeks went by. It was remarkably headache free. The key is to make sure your record has truly been expunged (I didn't have to given it was only a misdemeanor anyways). If you apply and are denied, you can kiss the CCP away forever. Good luck.

I was also able to get my C&R FFL with no issues.
 
This issue is going to hinge upon the actual wording of the statute. If it says words to the effect of "never been convicted of...." you may be able to fight it if an issue comes up, If it has wording to the effect of " never been convicted of, pled guilty, or nollo contendre to...." then you are up fecal creek. If you were placed on felony probation of any type then you stood up in that courtroom and pled guilty. There may have been a Suspended Imposition of Sentence so that the conviction would not appear on certain criminal records checks (ie. employment) but it WILL show up as a guilty plea and AR Probation on a LE check. We get the whole enchilada.
 
If you've been in trouble with the law it's obvious that you can't play by the rules.....do the people who you are important to and yourself a favor and stay away from guns.
 
"If you've been in trouble with the law it's obvious that you can't play by the rules.....do the people who you are important to and yourself a favor and stay away from guns."

So to you, this whole guys charachter is obvious, as defined by one event in his life? Who knows, maybe he's suitable to carry, maybe he's not, but who the heck are you to pass judgement like that on somebody based on one small piece of incomplete information?
 
In Wisconsin there's a procedure available through the governor's office. While I do not know the specifics, I know the program exists because a friend and business associate applied for it and received a remedy.

My guess is big bucks, an attorney, political connections, groveling...
 
How many Hippocrates are on this forum?
Just because someone posts here some of you feel attached to that person like he is now a family member.
We all have to fight for our guns and one of the best arguments we have is;
"We Are Law Abiding Citizens"!

Don't destroy that argument for us.
Gun owners on the whole are self policed. In that there is no way they want to risk having there gun taken and to never be able to even live in a house where guns are present.

Boots56, You are right!
 
GBRO, I understand your concern, and share much of it.

But there's a big difference between Ted Bundy and a sixteen year old kidding holding one and 1/10th ounces of weed. (That's enough to be adjudicated as a "dealer" in many states.)

There should be some form of review, just like in any legal situation.

Besides, since TFL has a very wide demographic, I'll bet there are guys out there with more than two ounces in their home, right now.
 
"I was arrested 2 years ago for 2 felonies, it had to do nothing with firearms. I was put on AR (accelerated rehabilitation). Which meant i was on probation for 2 years". That kinda sums it up, doesn't it?

"Arms Makers For Responsible Citizens" - Ruger Firearms
 
Besides, since TFL has a very wide demographic, I'll bet there are guys out there with more than two ounces in their home, right now.
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Then those people will suffer the consequences of there actions, They will get what is coming to them.
We all have our priorities, Mine is to be a law abiding citizen, and enjoy my way of life.
 
The charges you were convicted of would have had to have been lowered to non-felony charges.

You WERE convicted of something.

The community service came out of the court decision.

If you were convicted of a felony charge,you probably can't even be near people hunting much less own a firearm.

You really do need to spend the money and talk to a lawyer about this.

If you have a felony record,you need legal representation to be able to say,"Look,my client just wants to do the right thing here."

It's a major hassle but the judges usually says something like this-"You should have thought about that before you did what you did."
 
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