Need some help

C

countrygirl

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So i need some help to find out whether or not i can buy a handgun and get my conceal and carry. I don't have the best record i guess you can say. I've been arrested twice for assult, one was thrown out and the other I got not guilty on. My ex also got a restraining order on me (he also got me arrested for assult and i got not guilty) and it just got over a few weeks ago. I want to get my conceal and carry for mine and my daughters protection, but since i've been arrested for assult and had that restraining order on me, im not really sure if that will automatically disqualify me. Does anyone know what my options are?
 
Welcome to You

To answer your question, it depends.
Where you live and your age. Asking a lawyer is your best bet. And TFL has a LEGAL section. That would be a better place to post questions of this sort.
 
Yes, it is a legal issue.
But, from what you say about yourself (and, I'm not ignoring that today is April Fools Day), I question whether you should be carrying a firearm.
Ask yourself. Or better, a psychologist or pastor.
 
I think the only person that can address your question is a lawyer. If you're concerned about self defense, I'd recommend investing in home security and take up martial arts. I'm not saying this to be a jerk in any way; I study Wing Chun and Judo and did 7 1/2 years of Jeet Kune Do. Hell, even a good dog will help you feel safe. Not everyone should have a gun, especially if they have possible anger issues.


Laura
 
I think it only applies if you were convicted of any crimes but still probably raise questions about your demeanor.
 
Not everyone should have a gun, especially if they have possible anger issues.
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+1 to this. It sounds to me like you have a lot to work out in your life before you get a gun.

In my short life I've seen a lot of people who can't seem to stay out of and/or away from trouble. In almost all those cases they end up in trouble because of their own poor personal decisions and their inability to control themselves.

I don't know how old you are and its entirely possible you're older than I am (I'm 35) but I think that perhaps you need to be working out the problems in your life before you start thinking about getting a gun.

Yes I got this out of your one post - the tone of your post sends red flags up all over the place in my mind.

In answer to your question though if you won't heed my unwanted advice - seek the advice of a lawyer. Only a qualified lawyer who is knowledgeable in firearms laws in your state can help answer your question for you and even then ONLY after you've given him all the information he needs. Anything from any of us is only going to be conjecture and most likely NOT correct.

Once again though - I get the strong feeling you need to sort things out both in your life and in yourself before getting a gun. Good luck.
 
Well for one, no one knows me or the situtation. this isn't a place to air out dirty laundry so therefore i didn't. none of you know the situation i am in or what happened for all this to occur, nor is it anyone buisness. if i wanted to get judged by just these facts alone i would post something like this on a social website.
THAT being said, thank you for the advice on going to a lawyer. I wasn't for sure if that was the way to go or not. but thank you for clarifying that that is indeed the way to go
 
FYI, no one on a gun forum is going to recommend owning a gun if you've been arrested for assault. I'm not sure what you expected when you posted here.

I realize why you think it's none of our business but you raised the issue when you mentioned that you don't have a clear past. As a law abiding citizen, I'm sick and tired of being blamed for the actions of others who aren't responsible with firearms, and who, in some cases, have no intention of obeying the laws. You might be different - maybe you're a good person that just has really bad luck, and you're right, we don't know your situation. I'm not judging you, but what raises red flags is that you have trouble staying out of trouble, or avoiding it. In my opinion, it'd be a mistake for you to own a gun. I don't know what other social website you're referring to with regards to posting this type of question but if I'm asking about guitar playing, I'm not going to post that question on a piano forum. I would say that if you posted this question on any gun forum, where many of the members are in law enforcement work, you'd get the same reply. If you're serious about gun ownership, take anger management classes, making changes in your personal life by eliminating toxic relationships, and try and get involved with your community to show that you've learned from past mistakes and trying to surround yourself with people that are a positive influence. That would go a long way should you push the issue for gun ownership but it sounds like from your response, you have work to do. Good luck.


Laura
 
Since we don't know where you are located, we can't comment (effectively and knowledgeably) on how the issuing authority might view you on the basis of "character." Some jurisdictions allow the issuing authority a lot of latitude to refuse permits based on vague (or no) criteria, while authorities in "shall issue" jurisdictions must follow specific criteria.

In general: Arrests don't (or shouldn't) count. You have not been convicted of a felony or -- apparently -- even of misdemeanor domestic violence. If you were buying a handgun you could honestly answer "No" to the question on the form about whether you have ever been convicted of a felony. But if you are in a "may issue" jurisdiction, the issuing authority conceivably could use your arrest history to claim that you are "unsuitable."

The same applies to the restraining order. It is not currently in force, therefore it does not exist. It would not -- today -- be a bar to buying a handgun, at least under Federal laws. But, again -- if you are in a "may issue" jurisdiction, the issuing authority could add that to the arrest record and "determine" that you shouldn't be allowed to defend yourself.

Go to www.handgunlaw.us and look up your state. You'll find useful links to the basic requirements for a license/permit in your state. I don't recall if that site gets into a discussion of may issue vs. shall issue for each state, but it's a starting point.

I know lawyers cost money, and you may not have a lot. If you are in a shall issue state, it might be worthwhile just applying, and then bring in the lawyer if you are denied and have to appeal. If you are in a "may issue" state, IMHO it would be better to consult an attorney before applying. Preferably, go to a gun rights attorney, not to a domestic or divorce lawyer. I think the NRA web site has some links to gun rights lawyers in each state.

Good luck.
 
Mastrogiacomo said:
FYI, no one on a gun forum is going to recommend owning a gun if you've been arrested for assault. I'm not sure what you expected when you posted here.
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Speak for yourself. We know nothing of the circumstances of the charge, but we do know that she was NOT convicted. I don't think we are in any position to decide that, because she was once arrested but NOT convicted, she has no right to defend herself for the remainder of her lifetime.

Recommended reading assignment: 2nd Amendment of the Constitution of the United States.
 
If you have a restraining order than they probally will say no. Just get some pepper spray and a stun gun. If you havent been convicted then the only thing that could mess it up would be the restraining order. I dont know you or the situation but it sounds like a gun will do you more harm then good.
 
Lady, I don't know who needs the gun here, but I think if your ex ever answers his door and opens it and sees you standing there it would be him who'd be needing depends. Forget the gun, cause he's obviously not coming over to visit with you. Good luck!
 
In Arkansas,it has to go by the local sheriff for the concealed carry,so if the county was in on the arrests,it will probably get turned down,even with no conviction.
The sheriff does not have to give a reason,unless you appeal it to a court.
 
Well for one, no one knows me or the situtation. this isn't a place to air out dirty laundry so therefore i didn't. none of you know the situation i am in or what happened for all this to occur, nor is it anyone buisness. if i wanted to get judged by just these facts alone i would post something like this on a social website.
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Fair enough, but given that's the case no responsible person here is going to be able to give you competent advice, other than the advice to discuss your situation with an attorney.
 
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