Understanding gun law.. Please Help!!!

Understanding gun law.. Please Help!!!

This is a discussion on Understanding gun law.. Please Help!!! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in Indiana and was convicted of a misdemeanor back in 2001. About 8 years ago I was denied a gun purchase based on ...

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    New Member Array agrizz's Avatar
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    Understanding gun law.. Please Help!!!

    I live in Indiana and was convicted of a misdemeanor back in 2001. About 8 years ago I was denied a gun purchase based on said misdemeanor, and have never appealed or tried to purchase a gun since. I assumed I was not eligible and would not be eligible for life. Recently, I have looked into gun laws because I have the desire to carry, and am now confused as to whether I am eligible or not.

    I am unsure if the following law applies to me because of the last statement:

    Under federal law, a "prohibited person" may not possess or receive firearms or ammunition. Federal law considers one a "prohibited person" if he or she has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. The same is true for one who has been convicted of a misdemeanor crime of domestic violence. See 18 U.S.C. 922(g) and (n), and 27 CFR 478.32 for the full text of the law and associated regulation.
    However, the term "crime punishable by imprisonment for a term exceeding one year ... does not include any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." See 18 U.S.C. 921(a)(20)(B).


    Yes I was convicted in a court of a misdemeanor crime punishable by one year or more, but it was classified by the state as a misdemeanor and was punishable by up to two years. So, from my understanding federal law permits me to own and purchase a firearm?

    Any clear distinction on this matter would be greatly appreciated. I have contacted an experienced gun lawyer in my state, but they want 250 an hour to consult and are 3 hours away from me. I don't want to waste my time and money just to be told there is nothing they can do for me.


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    Member Array GetSmith's Avatar
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    I understand not wanting to waste time or money but it's certainly a waste of time asking for legal advice here. If you wish to obtain a firearm pay up to the lawyer.

    It's difficult to give any opinion based on the info you have provided. A misdemeanor dosent sound serious to me unless in was domestic violence. If that's the case the cash spent on a lawyer will give you peace of mind know where you stand legally. It would be worth it to me. Maybee the cost of one gun for the right to buy whatever gun you want.

    If you qualify for a gun purchase best of luck obtaining it.
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    Member Array OldMick's Avatar
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    Quote Originally Posted by GetSmith View Post
    I understand not wanting to waste time or money but it's certainly a waste of time asking for legal advice here. If you wish to obtain a firearm pay up to the lawyer.

    It's difficult to give any opinion based on the info you have provided. A misdemeanor dosent sound serious to me unless in was domestic violence. If that's the case the cash spent on a lawyer will give you peace of mind know where you stand legally. It would be worth it to me. Maybee the cost of one gun for the right to buy whatever gun you want.

    If you qualify for a gun purchase best of luck obtaining it.
    Yup, not nearly enough info to make even a basic judgement call. Depending on the circumstances you (the OP) may even be able to get your record expunged and rights restored. Or not. A lawyer is well worth the visit time and money.

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    Member Array CAS_Shooter's Avatar
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    If you are serious about wanting to buy, leading to carry, you will need to talk to a lawyer. I would skip the forum ambiguous responses which will be of little real help anyway an just call a lawyer today.
    Last edited by CAS_Shooter; May 29th, 2013 at 01:08 PM.
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    New Member Array bigj8550's Avatar
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    What was your misdemeanor? If it was domestic battery, stalking, or a few others that will bar you from owning a firearm. But keep hope my friend because our Indiana is revamping the criminal code effective July 2014. This revamp includes expungment of past crimes with no other violations in a set time frame.

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    Senior Member Array elmacgyver0's Avatar
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    Before doing anything else write a letter to the B.A.T.F. they have a website. Needs to be a written letter no emails. The website give the address ect. Explain your situation and see what they have to say.

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    Distinguished Member Array RightsEroding's Avatar
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    Quote Originally Posted by agrizz View Post
    I live in Indiana and was convicted of a misdemeanor back in 2001. About 8 years ago I was denied a gun purchase based on said misdemeanor, and have never appealed
    CCP Denied? Don't Give Up

    Sorry to break it to you, but since you did NOT appeal the original decision, you have waived your right to any further appeal.
    I'm not a lawyer either, but have been through this. The advice about consulting a attorney while generally prudent, is not always necessary when the facts
    speak for themselves.

    In the link I provided, look carefully at the attached photo of the letter indicating my hearing date.

    You waived your right to a appeal by NOT appealing. According to Indiana law, the state has no obligation legally to hear your case.
    "When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan

    Do what you can; then do what you must

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    Distinguished Member Array phreddy's Avatar
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    Internet advice is worth exactly what you pay for it, nothing. If you are serious about wanting to carry, save your pennies for the legal consult.

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    Distinguished Member Array RightsEroding's Avatar
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    Quote Originally Posted by CAS_Shooter View Post
    If you are serious about wanting to carry, you will need to talk to a lawyer. I would skip the forum ambiguous responses which will be of little real help anyway an just call a lawyer today.
    This sort of advice is not always helpful.
    The "call a lawyer" mantra is repeated far too often.
    I suppose if you have money to burn, go for it.

    There are some of us who have experienced certain issues, a lawyer won't be needed in this person's situation.
    "When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan

    Do what you can; then do what you must

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    Welcome to the forum.

    While you may get all different kinds of opinions here. Our opinions don't count. You need to talk with a lawyer, preferably one who deals with gun rights. They will be able to tell you if you qualify or not.
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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    VIP Member Array 357and40's Avatar
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    LAWYER. That sums it up.
    "I've seen things you people wouldn't believe. Attack ships on fire off the shoulder of Orion. I watched c-beams glitter in the dark near the Tannhäuser Gate. All those moments will be lost in time, like tears in rain."
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    VIP Member Array Snub44's Avatar
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    ...if you're short on lawyer funds, go to a dealer and try to buy a gun...if you're denied, call the number provided by the dealer with all denials and begin the appeals process with NICS...they will provide you on paper with the reason you were turned down, be it the nature of your misdemeanor or whatever...
    ...THEN, you can see if the misdemeanor under two years exception can apply to you...if it does, you can supply supporting documents and NICS may clear the flag themselves...

    ...any appeal to the NICS or the state should be based on the new denial, not even mentioning the old one...that's both legal and proper...

    ...if that doesn't work...get the money together and sit with a lawyer to see if there's a chance to get it removed from your record...

    ...don't wait for your state to revamp the criminal code...your case will be decided on the law as it was in effect at the time of your conviction...not the new law...

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    Member Array krisspy's Avatar
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    Quote Originally Posted by RightsEroding View Post
    CCP Denied? Don't Give Up

    Sorry to break it to you, but since you did NOT appeal the original decision, you have waived your right to any further appeal.
    The OP said he was denied a purchase (an NICS check) not a CCP license. I don't know Indiana law, but I assume they are mutually exclusive.

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    Member Array CAS_Shooter's Avatar
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    Quote Originally Posted by RightsEroding View Post
    This sort of advice is not always helpful.
    The "call a lawyer" mantra is repeated far too often.
    I suppose if you have money to burn, go for it.

    There are some of us who have experienced certain issues, a lawyer won't be needed in this person's situation.
    As you noted, in your case, you appealed within the allotted time and the OP did not. As you also noted, relying only on this avenue, it appears his options are depleted. However, there are possibly other options that you would not be aware of or have legal experience with. This is common. In this case, he needs professional legal council even more than if his scenario was like yours. Heck, even you said:

    If you can afford legal representation; I highly recommend it.
    That was wise advice in your original posting and is wise advice now, especially since you are not even talking about the same scenario: CCP denial vs purchase denial.
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    New Member Array agrizz's Avatar
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    It was for possession of marijuana. I am trying to get a clear distinction of what the specific law I posted means. Once I am confident I won't be throwing my time and money in the garbage, I will gladly hire a lawyer and fight it the issue anyway I can.

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