Owning a gun

This is a discussion on Owning a gun within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a buddy of mine that in his younger days (18) he got into a little bit of trouble. Went to court and got ...

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Thread: Owning a gun

  1. #1
    Senior Member Array elrey718's Avatar
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    Owning a gun

    I have a buddy of mine that in his younger days (18) he got into a little bit of trouble. Went to court and got chraged with criminal mischief and later (21) got a parden by the Governor of Louisiana.

    With that parden would he be able to get his ccw and own a handgun in his house?
    “Do you have any idea how hard it would be to live with yourself if your loved ones were attacked and killed, and you had to stand there helplessly because you were unprepared for that day?”

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    Distinguished Member Array morintp's Avatar
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    I'm not a lawyer, but I would think a pardon clears his record and he would be allowed to own and carry a gun with the proper local permits.

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    Member Array tbeubs17's Avatar
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    He should be able to. When the pardon is given I believe they expunge the conviction from his record.

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    VIP Member Array Supertac45's Avatar
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    Possibly, but there is a chance there could be a Federal hold up. Can he legally buy a gun by satisfying the NICS check. If yes, I'd say he's good to go, but I'm not a attorney. I'd talk to an attorney on this.
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    Senior Member Array DrLewall's Avatar
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    Be sure to tell him to hang on to any and ALL paper work, including any court documents and it is possible later in life this may come back to haunt him..I am going through a similar thing right now..the FBI has cleared me, I have a letter from the Board of Prisons that state I never was a Felon but for some STUPID reason, the "arresting agency" has me in their system as a felon, which I am not..has been a thorn in my side for years..if only I had kept my court papers. (btw, am in the process of trying to get that fixed, it may work, then it may not..we'll see)

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    Senior Member Array MR D's Avatar
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    he should consult an attorney, it sounds like criminal mischief (probably a misdemeanor) would not cause him a bunch of trouble anyway, IIRC the only ones that prevent ownership are felonies and certain crimes of domestic violence or violence against a law officer...

    IANAL

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    Member Array Danger Mouse's Avatar
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    My advice is this. Contact the authorities who preform the checks on firearm purchases and inquire there. I am not fammiliar with your laws, but here in VA if you have been convicted of a felony then you'd better not even fill out the paperwork, they will come and arrest you in the store. Be safe, inquire to the proper authorities there. What we say here will not stand up in a court of law.
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    VIP Member Array matiki's Avatar
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    Quote Originally Posted by User Name View Post
    My advice is this. Contact the authorities who preform the checks on firearm purchases and inquire there. I am not fammiliar with your laws, but here in VA if you have been convicted of a felony then you'd better not even fill out the paperwork, they will come and arrest you in the store. Be safe, inquire to the proper authorities there. What we say here will not stand up in a court of law.
    I agree, this is a question for an attorney. Doesn't the form read "...haven't been convicted..." Being pardoned or granted clemency doesn't clear a conviction. That requires you to get your record expunged. I don't know much about here, but a friend of mine in the UK was pardoned and the paperwork said he was admitting guilt and being pardoned for repaying his debt to society.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    Member Array Danger Mouse's Avatar
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    Quote Originally Posted by matiki View Post
    I agree, this is a question for an attorney. Doesn't the form read "...haven't been convicted..." Being pardoned or granted clemency doesn't clear a conviction. That requires you to get your record expunged. I don't know much about here, but a friend of mine in the UK was pardoned and the paperwork said he was admitting guilt and being pardoned for repaying his debt to society.
    There you go, thats what I am talking about. Why get arrested when it only takes a few minutes to make some phone calls?
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    Member Array Puppy's Avatar
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    Interesting question. I have no knowledge, but unlike some others, I think there could be a problem. Remember, a pardon just means you were forgiven, it's still down as a crime and I doubt it would be removed because of a pardon.

    As I said I don't know but let us know how it turns out.

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    Distinguished Member Array AKsrule's Avatar
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    Lawyer time.

    What matters is how the FEDERAL Govt. defines his status under GCA68
    and later Laws.

    -------------------------

    http://www.atf.gov/firearms/faq/faq2.htm#b5

    B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]

    Yes, a person who –

    (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

    (2) Is a fugitive from justice;

    (3) Is an unlawful user of or addicted to any controlled substance;

    (4) Has been adjudicated as a mental defective or has been committed to a mental institution;

    (5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

    (6) Has been discharged from the Armed Forces under dishonorable conditions;

    (7) Having been a citizen of the United States, has renounced his or her citizenship;

    (8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

    (9) Has been convicted of a misdemeanor crime of domestic violence

    (10) Cannot lawfully receive, possess, ship, or transport a firearm.

    A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

    Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

    [18 U.S.C. 922(g) and (n), 27 CFR 478.32]

    ----------------------------------
    -------
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    Ex Member Array ibez's Avatar
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    Post

    Quote Originally Posted by elrey718 View Post
    I have a buddy of mine that in his younger days (18) he got into a little bit of trouble. Went to court and got chraged with criminal mischief and later (21) got a parden by the Governor of Louisiana.

    With that parden would he be able to get his ccw and own a handgun in his house?
    IANAL

    seems there are room for restoration of rights allowed in Lousiana
    http://www.ojp.gov/bjs/pub/pdf/ssprfs99.pdf

    http://www.ofi.state.la.us/REPO%20RULE%202006.pdf

    Restoration of rights. A convicted felon's right to. possess a firearm can be restored in Louisiana through. a governor's pardon or by a sheriff. .

    .

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    Senior Member Array Shizzlemah's Avatar
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    A friend of mine was convicted of criminal mischef and then some, never pardoned or expunged, and it hasn't been a problem with getting CCW permits.

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    Senior Member Array Pitmaster's Avatar
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    Have him talk to an attorney who is familiar with the state and federal law regarding firearms. Any other answer may be wrong.

    I have never heard of anyone getting a pardon AND buying a firearm legally at the federal level. I do know that in some states after receiving a pardon/clemency you can purchase a firearm and get a permit/license.

    The federal law is sort of unclear from my reading. I believe it is possible to get relief and legally be able to purchase a firearm, but the funding to process the applications for relief was cut back in the Clinton years and never restored. Therefore, the ability to own a firearm is there, but the funding isn't there. Which is another method of gun control. And one that probably will not be changed. Don't fund but demand a service is typical of the Feds.

    From the ATF Firearm FAQ regarding domestic violence. It doesn't specifically address felonies.

    (Q14) Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence? [Back]

    No, as long as the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms.
    Last edited by Pitmaster; December 21st, 2007 at 09:54 PM. Reason: Add
    Pitmaster

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    Ex Member Array rich64's Avatar
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    I had a couple misdemeanors back in the 80's.I received my CWP with no problems or delays. I also have a freind that had a felony on his record.He's going for his clemency and will be able to vote and own firearms again. I told him to get his CWP also.

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