Restoring Your Rights/Ability to Purchase

Restoring Your Rights/Ability to Purchase

This is a discussion on Restoring Your Rights/Ability to Purchase within the General Firearm Discussion forums, part of the Related Topics category; if someone has a juvenile criminal record and it is granted to be "expunged" with or without "a Governors Pardon" does that then allow the ...

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Thread: Restoring Your Rights/Ability to Purchase

  1. #1
    Member Array RR9501's Avatar
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    Restoring Your Rights/Ability to Purchase

    if someone has a juvenile criminal record and it is granted to be "expunged" with or without "a Governors Pardon" does that then allow the person to obtain (purchase and carry) a firearm??
    Guns don't kill people, People kill people!


  2. #2
    VIP Member Array Gene83's Avatar
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    Probably unless the expungement specifically states that you can't possess a firearm. To be sure I would consult with an attorney or just drop a line to ATF and ask them...

    From their website...

    The Bureau of Alcohol, Tobacco, Firearms and Explosives cannot respond to e-mail inquiries relating to technical, policy and/or legal questions. Inquiries of this nature can only be addressed through a letter outlining your questions to the following address:

    Bureau of Alcohol, Tobacco, Firearms and Explosives
    Office of Public and Governmental Affairs
    99 New York Avenue, NE, Room 5S 144
    Washington, DC 20226 USA

    Hope that helps.

    Gene
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

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    Actually, I think state, not federal law will determine your eligibility for firearms ownership.
    Smitty
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    NROI Chief Range Officer

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    Senior Member Array SFury's Avatar
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    It depends on the nature of the expungement. The courts can specify things differently, and different states have different laws. I'd consult someone with knowledge of the law in your state. If you can afford to, consult a lawyer with the specific case in mind. That should give you the exact answer you are looking for.

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    Senior Member Array Dennis1209's Avatar
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    I'm no lawyer but, most states seal juvenile records unless and until a criminal offense is committed as an adult. One fast way to find out is to purchase a gun. It will not cost you anything and if it's disapproved, you know why. Then you can work on getting it removed. Just my .02 cents...

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    VIP Member Array Gene83's Avatar
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    Quote Originally Posted by gasmitty View Post
    Actually, I think state, not federal law will determine your eligibility for firearms ownership.

    Check 18 USC 922(g).
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

  7. #7
    Member Array RR9501's Avatar
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    Quote Originally Posted by Dennis1209 View Post
    I'm no lawyer but, most states seal juvenile records unless and until a criminal offense is committed as an adult. One fast way to find out is to purchase a gun. It will not cost you anything and if it's disapproved, you know why. Then you can work on getting it removed. Just my .02 cents...
    What r the legal repricussions for attempting to purchase a firearm if u are denied??...a gun shop told me that's a federal offense...and would be grounds for arrest....
    Guns don't kill people, People kill people!

  8. #8
    VIP Member Array Gene83's Avatar
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    The gun shop may be referring to this statement which appears at the bottom of ATF Form 4473



    I certify that the above answers are true and correct. I understand that answering “yes” to question 12a when I am not the actual buyer of the firearm is a crime punishable as a felony. I understand that a person who answers “yes” to any of the questions 12b through 12k is prohibited from purchasing or receiving a firearm. I understand that a person who answers “yes” to question 12l is prohibited from purchasing or receiving a firearm, unless the person also answers “yes” to question 13. I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of law. (See Important Notice 8.)

    http://www.atf.gov/forms/download/atf-f-4473-1.pdf
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

  9. #9
    Distinguished Member Array INccwchris's Avatar
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    Its not unless you are intentionally doing it, they have to prove that you knew you were prohibited and tried anyway. Juvenile records are usually sealed at 18 unless tried as an adult. A juvi record most places is not enough to get you denied from purchasing a firearm unless a gun was involved in your crimes
    "The value you put on the lost will be determined by the sacrifice you are willing to make to seek them until they are found."

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    VIP Member Array Eagleks's Avatar
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    The typical areas of concern on expunged records are if they were a crime against a person (involving a weapon, violence, etc) and / or drug related... and drug related is often 5 yrs since off probation, etc.

    Check State AG websites, and they spell out the laws typically, including the federal ones that can restrict getting a CCW, and that will tell you alot about owning / buying a gun as well.

    If you would quality for a CCL , then you would for purchasing. Take that info if in question, and consult a knowledgeable attorney (shouldn't be costly unless they would have to file some actions on your behalf to expunge, etc. ) .
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
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    Member Array RR9501's Avatar
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    Quote Originally Posted by INccwchris View Post
    Its not unless you are intentionally doing it, they have to prove that you knew you were prohibited and tried anyway. Juvenile records are usually sealed at 18 unless tried as an adult. A juvi record most places is not enough to get you denied from purchasing a firearm unless a gun was involved in your crim
    es
    Thank you Chris...gun was not used in crime however record was never sealed either...
    Guns don't kill people, People kill people!

  12. #12
    Member Array RR9501's Avatar
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    Quote Originally Posted by Eagleks View Post
    The typical areas of concern on expunged records are if they were a crime against a person (involving a weapon, violence, etc) and / or drug related... and drug related is often 5 yrs since off probation, etc.

    Check State AG websites, and they spell out the laws typically, including the federal ones that can restrict getting a CCW, and that will tell you alot about owning / buying a gun as well.

    If you would quality for a CCL , then you would for purchasing. Take that info if in question, and consult a knowledgeable attorney (shouldn't be costly unless they would have to file some actions on your behalf to expunge, etc. ) .
    What if the charge was in a different state that the person didn't live in anymore? Also not drug related either
    Guns don't kill people, People kill people!

  13. #13
    VIP Member Array Gene83's Avatar
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    Quote Originally Posted by RR9501 View Post
    What if the charge was in a different state that the person didn't live in anymore? Also not drug related either
    I would ask a lawyer to be sure.
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

  14. #14
    Member Array RR9501's Avatar
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    ok...thanks guys...
    Guns don't kill people, People kill people!

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