Gunner in Iraq, cant own at home? - Page 2

Gunner in Iraq, cant own at home?

This is a discussion on Gunner in Iraq, cant own at home? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Sampson88 thanks for your service to our country. As to your permit to purchase denial, there are several attorney's in the TC area who can ...

Page 2 of 2 FirstFirst 12
Results 16 to 27 of 27
Like Tree9Likes

Thread: Gunner in Iraq, cant own at home?

  1. #16
    Member Array moby clarke's Avatar
    Join Date
    Oct 2010
    Location
    Minneapolis
    Posts
    33
    Sampson88 thanks for your service to our country.

    As to your permit to purchase denial, there are several attorney's in the TC area who can help. They may charge a small fee but should be able to help get you cleared up. This will serve two purposes, one, the purchase permit issued and then, when you are ready, a permit to carry. As an aside, once you get the permit to carry, you do not need the permit to purchase any longer. The attorney's are:

    The following attorneys are highly recommended by the forum administrators for criminal defense or permit issuance cases.

    Jeffrey Benson
    P.O. Box 1356
    Minnetonka, MN 55345
    612-423-2112
    bensonlaw[at}comcast.net

    Marc Berris
    Segal, Roston and Berris, PLLP
    Commerce at the Crossings
    250 S 2nd Av
    Minneapolis, MN 55401-2161
    612-332-3100
    Segal, Roston & Berris, PLLP
    marc[at}berrislaw.com


    David M. Gross
    6420 French Lake Trail
    Faribault, MN 55021-7482
    Phone: (507) 333-5615
    Cell: (612) 388-3880 (but it is rarely on; leave a message there, IF you are very patient.)
    Fax: (507) 334-1579
    E-Mail: david.gross[at}tcq.net

    Brian Toder
    Chestnut Cambronne Attorneys at Law
    3700 Campbell MithunTower
    222 South Ninth Street
    Minneapolis, MN 55402
    (612) 336-2918
    btoder{at)chestnutcambronne.com

    They all come very highly regarded and you can not go wrong with any of them. Good luck and stay safe.
    CaptSmith likes this.


  2. #17
    VIP Member
    Array tacman605's Avatar
    Join Date
    Apr 2010
    Location
    Arkansas/On the X in Afghanistan
    Posts
    3,053
    Ok no convictions for drugs, domestic battery and so on then what are/were the charges for? There is something specific that is keeping you from getting the permit mention what it is and maybe someone can give advice or help. Just a thought.
    "A first rate man with a third rate gun is far better than the other way around". The gun is a tool, you are the craftsman that makes it work. There are those who say "if I had to do it, I could" yet they never go out and train to do it. Don't let stupid be your mindset. Harryball 2013

  3. #18
    VIP Member Array Madcap_Magician's Avatar
    Join Date
    May 2009
    Location
    MN
    Posts
    2,150
    The OP seems confused.

    In Minnesota, you are required to get a permit to purchase for handguns and assault rifles. Your local law enforcement chief is responsible for issuing these. They cost nothing, are valid for a year, and I do not believe they are discretionary- if you pass the background check, you get your permit to purchase. Our permits to carry bypass this and allow us to purchase same-day without a permit to purchase, since the carry background check is the same as the purchase one.

    He cannot purchase handguns from a gun show FFL dealer any more than he can in the store. He can legally purchase from private sellers, out of a trunk, off a table at a gun show, or wherever. Just like anywhere else in the country. I have, however, in a half-dozen purchases or sales to/from private persons, never seen a sale that didn't involve the question "Can I see your permit to purchase or permit to carry and your driver's license?"
    Not my circus, not my monkeys.

  4. #19
    Moderator
    Array Bark'n's Avatar
    Join Date
    Apr 2007
    Location
    West Central Missouri
    Posts
    9,916
    Well, since he mentioned he has 2 misdemeanors, I'm guessing the problem lies somewhere in those 2 misdemeanors. So, problem solved.

    Take care of those misdemeanors on your record and you should be able to get your permit.

    He won't specifically mention what the misdemeanors are (and really he doesn't have to) but there's not much more we can do.

    I'd say call the licensing authority and find out what specifically the problem is, then go get a lawyer to clean up your record.
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  5. #20
    New Member Array Samson88's Avatar
    Join Date
    Oct 2011
    Location
    Minnesota
    Posts
    5
    Wow! I was off the grid for a while and I missed a few things! I did some digging on MN Statue 152 and the states "definitions" on offences described there in. Seems like a pretty wide spectrum of possibilities could disqualify someone, depending on how it is interpreted. As to my legal issues, to make a long story short, I came back from training and was welcomed home by a black and white in my drive. My roomate/highschool buddy had a "party" with a friend while I was gone. Unknown to me alcohol and paraphernalia were present. "Yes officer this is my house." Thats all it took, I was barely 19 and didnt keep the best company to be honest. This resulted in my 2 misdomeanors. Civilian and military UA's soon followed, and I never failed one, never have... I am not proud of this, embarrassed maybe, but I am not afraid to admit that it happened. But I guess it is enough to deny me a "purchase permit"... Now that I am informed and have several avenues of approach, before I get a lawyer. I hope I can put this behind me and reclaim my rights as an Americian. Thanks again for your help and support!

  6. #21
    Member Array bigfug's Avatar
    Join Date
    Nov 2008
    Location
    Moore, OK
    Posts
    49
    Quote Originally Posted by limatunes View Post
    And no, you cannot buy a handgun out of the trunk of a car because that is illegal and that is the surest way to make sure you never get to legally own a firearm EVER in your life, it will also nicely taint your record even further.
    Where do you live that you can't buy a gun out of a trunk? ....As long as the seller and buyer are both of age and legally able to purchase/own a gun, and its not stolen it can be done in OK. You can do it in a parking lot, out of a trunk, gunshow, work, doesnt matter. Some will do a bill of sale to protect themselves later, but there is no paperwork, checks etc required by the state.

  7. #22
    Member Array Waterborne's Avatar
    Join Date
    Oct 2010
    Location
    Detroit, MI
    Posts
    71
    There is also another angle that the OP may be facing that has happened many times here in MI with many smaller municipalities. We in MI are subject to purchase permits as well, exempt from that with a CPL though. You have to get the permit from your local LE. We also have preemption here that specifically states the reasons one may be denied a permit but it has no teeth. "Teeth" meaning no penalty for an agency or officer of an agency not following state law.

    Now, there have been many occasions when people have gone to their local LE agency for a permit (in many instances the person was under the age of 25) and been denied against state law. More often than not, the officer issued the denial based on emotion over past contact with LE. In one instance the person denied had their name attached to a case but it did not specify that they were a witness to a felony instead of the accused. Other times the officer would flat out state that they don't think that person should have a gun based on whatever prior contact that person had. Mind you, these people were still not prohibited under state law from receiving a purchase permit.

    To resolve these issues, people have gone a number of different routes to get the agency to follow state law. Everything from enlisting more knowledgeable people to go with them a second time, reaching out to local and state firearms advocacy groups, printing off the laws and going over them with the agency, even having attorneys present to school them on firearms law.

    All that said, OP, check and make sure that your issues do not preclude you at the state level and then go from there. If it is a case of an agency working off of feelings instead of law, then seek help from local or state firearms rights groups and/or and attorney. Just another side of the issue that could be going on and the OP not realizing it being newer to the process.
    Last edited by Waterborne; November 4th, 2011 at 05:25 PM. Reason: typos
    Samson88 likes this.

  8. #23
    JD
    JD is offline
    Administrator
    Array JD's Avatar
    Join Date
    Jun 2006
    Location
    Central Iowa
    Posts
    19,341
    Quote Originally Posted by bigfug View Post
    Where do you live that you can't buy a gun out of a trunk? ....As long as the seller and buyer are both of age and legally able to purchase/own a gun, and its not stolen it can be done in OK. You can do it in a parking lot, out of a trunk, gunshow, work, doesnt matter. Some will do a bill of sale to protect themselves later, but there is no paperwork, checks etc required by the state.
    She's not saying that NO ONE can do it, only that the OP can't do it. In some state's person to person sales of handguns (without going through a dealer) are legal, in others it is not. In this case being discussed in this thread it appears as the OP is a "prohibited person" for whatever reason and in his home state of MN, a permit to purchase/transfer is needed for handguns. Please see post #14 regarding the laws in the OP's state.

  9. #24
    Ex Member Array azchevy's Avatar
    Join Date
    May 2007
    Location
    Oceanfront Property
    Posts
    3,850
    Quote Originally Posted by bigfug View Post
    Where do you live that you can't buy a gun out of a trunk? ....As long as the seller and buyer are both of age and legally able to purchase/own a gun, and its not stolen it can be done in OK. You can do it in a parking lot, out of a trunk, gunshow, work, doesnt matter. Some will do a bill of sale to protect themselves later, but there is no paperwork, checks etc required by the state.
    The OP knows he is not legally capable of purchasing a firearm in his home state so doing so out of the back of the car with that knowledge constitutes him breaking local laws, or in the case of a background check failure, breaking federal laws.
    limatunes likes this.

  10. #25
    Ex Member Array azchevy's Avatar
    Join Date
    May 2007
    Location
    Oceanfront Property
    Posts
    3,850
    Good luck to you.

  11. #26
    New Member Array Samson88's Avatar
    Join Date
    Oct 2011
    Location
    Minnesota
    Posts
    5
    Quote Originally Posted by Waterborne View Post
    Now, there have been many occasions when people have gone to their local LE agency for a permit (in many instances the person was under the age of 25) and been denied against state law. More often than not, the officer issued the denial based on emotion over past contact with LE. In one instance All that said, OP, check and make sure that your issues do not preclude you at the state level and then go from there. If it is a case of an agency working off of feelings instead of law, then seek help from local or state firearms rights groups and/or and attorney. Just another side of the issue that could be going on and the OP not realizing it being newer to the process.
    That was the feeling I got at the time. I have already requested legal council.

  12. #27
    Moderator
    Array Bark'n's Avatar
    Join Date
    Apr 2007
    Location
    West Central Missouri
    Posts
    9,916
    Quote Originally Posted by Samson88 View Post
    Wow! I was off the grid for a while and I missed a few things! I did some digging on MN Statue 152 and the states "definitions" on offences described there in. Seems like a pretty wide spectrum of possibilities could disqualify someone, depending on how it is interpreted. As to my legal issues, to make a long story short, I came back from training and was welcomed home by a black and white in my drive. My roomate/highschool buddy had a "party" with a friend while I was gone. Unknown to me alcohol and paraphernalia were present. "Yes officer this is my house." Thats all it took, I was barely 19 and didnt keep the best company to be honest. This resulted in my 2 misdomeanors. Civilian and military UA's soon followed, and I never failed one, never have... I am not proud of this, embarrassed maybe, but I am not afraid to admit that it happened. But I guess it is enough to deny me a "purchase permit"... Now that I am informed and have several avenues of approach, before I get a lawyer. I hope I can put this behind me and reclaim my rights as an Americian. Thanks again for your help and support!
    Young people often have a hard time understanding that who you associate with often times has consequences which come back to bite you at a much later date in time. When it comes to firearms, and especially if and when people decide one day that they would like to obtain a concealed carry permit. Then all of a sudden things they did 15 - 20 years ago when they were young and stupid show up and they are screwed.

    In your situation, it sounds like because it was your house, you are being held responsible for what was going on inside your house. That's kind of the way things are handled everywhere. While you may not personally partake in underage drinking or illegal drugs, if it's going on around you, or in your home, it doesn't take much to get drawn into the middle of it. Now at the time, you may not think it's a big deal. After all, "my friends are cool and fun to hang around, and hey, I don't smoke pot." But as you are starting to find out, hanging out with those cool friends from school, can have consequences. And it appears in this case, those consequences are being charged with misdemeanor crimes.

    Now you want to own a gun, maybe someday you want to get your concealed carry permit. The fact that you're in the military and they trust you with guns is a B.S. argument and is totally lost on us here. We all know the score and that is a lame excuse. It has no bearing on what goes on in the civilian world. You're going to have to address your criminal charges and get your record cleaned up before you are going to be able to legally purchase a handgun in your state.

    You can try and circumvent what's required, and you may even get away with it for a while, or maybe even forever. But the mature and responsible thing to do is to grow up, and act like an adult and take care of business the way you know you are supposed to.

    And if you plan on staying in the military or leaving the military on good terms when you do leave, you may want to evaluate the type of friends and people you are going to hang out with and have as roommates.

    Good luck in your quest to get things cleared up.
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

Page 2 of 2 FirstFirst 12

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

609.2242 permit
,

bill of sale for gun in missouri

,
brian toder and firearms
,
brian toder carry permit
,
can you get a gun permit in the state of north carolina with a simple assault charge
,
does a simple assault charge i got when i was 18 stop me from getting a gun permitt in nc
,
i was denied gun permit in iowa
,

mn 609.2242 gun rights

,
nics check unpaid speeding ticket
,
unpaid speeding ticket handgun
,

will an unpaid traffic ticket make me fail a ncis background check?

,
will having a warrant for a unpaid ticket prevent you from getting a carry permit
Click on a term to search for related topics.