Gunner in Iraq, cant own at home?

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; Im new here and was hoping to get some assistance on an issue Im having. Im a gunner in Iraq with a M4/M203 grenade launcher ...

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    New Member Array Samson88's Avatar
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    Question Gunner in Iraq, cant own at home?

    Im new here and was hoping to get some assistance on an issue Im having. Im a gunner in Iraq with a M4/M203 grenade launcher and 240L machine gun at my disposal. The govt. has no problem with me carrying out of country but when I applied for a purchase permit back home I was denied I already own several rifles and shotguns that I hunt with on a regular basis. Before you ask, I have 2 misdomeaners both nonvoilent and have nothing to do with firearms, drugs or alcohol. So my questuon is, do I wait till my offences are exponged and even then? Or am I left to buying a handgun out of a trunk of a car (figuretively speaking)? Im not one for breaking the law so any points of contact or suggestions on this issue is appreciated!


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    Ex Member Array azchevy's Avatar
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    Are you guard or ad? When you rotate back where will you be stationed? Where on earth do you live that requires a purchase permit?

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    VIP Member Array NC Bullseye's Avatar
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    State that denied your request?

    Age?

    Did any of your run ins with the law involve domestic violence in ANY way?

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    Sam, I hate to break it to you but you wouldn't be the first military personnel that has been turned down for purchase because of criminal records.

    Yeah, you can serve your country, etc, and get a waiver from the military but purchase laws are still purchase laws.

    I had a Marine Sgt who got denied and he screamed at me for 20 minutes about how unfair it was that he could carry a gun in combat but couldn't buy one at home. I didn't necessarily disagree with him but cursing the store clerk up and down wasn't going to get him any closer to buying a gun and there is NOTHING the store clerks can do.

    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.

    Here is some info from the FBI NICS about finding out why you were denied and starting the process for a denial reversal: FBI — NICS Appeals Brochure - In English

    You may have to contact someone locally if you are asking about a purchase permit but the individual/agency you sent your application to should have information on who to contact about appealing that decision.

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    JD
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    Government service is red herring in this matter and quite frankly I'm tired of people using their service as some sort of justification when it comes to firearms. The government doesn't let you tote that weapon around off duty/off post etc. when stateside so what does that tell you about how much they trust you when not in an AO?

    Anyway...

    From one veteran to another, thank you for your service. I'm sorry your record has resulted in a denial, Assuming you're from MN, follow the appeals process and look into getting those offenses expunged. Also, was it a failed NICS check that resulted in this denial? If so that's the same government denying you, not MN. If it was due to a NICs check that you were denied, there's a separate appeals process

    Subd. 2.Investigation.

    The chief of police or sheriff shall check criminal histories, records and warrant information relating to the applicant through the Minnesota Crime Information System, the national criminal record repository, and the National Instant Criminal Background Check System. The chief of police or sheriff shall also make a reasonable effort to check other available state and local record-keeping systems. The chief of police or sheriff shall obtain commitment information from the commissioner of human services as provided in section 245.041.

    Subd. 8.Hearing upon denial.

    Any person aggrieved by denial of a transferee permit may appeal the denial to the district court having jurisdiction over the county or municipality in which the denial occurred.

    Last edited by JD; October 26th, 2011 at 03:41 PM.
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    New Member Array Samson88's Avatar
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    Im 23 years old, residence in the Twin cities, MN. and originally from the country. No charges dealing with domestic violence. Shootings outside my door and local break-ins back home have me looking at means of defense (besides a 5 foot shotgun) when I get back. In Minnesota you apply at the local court house (sherriffs office). Upon recieving the backround check they have the right to deny the request at thier descression. There is an appeal process but I was deployed before I could resolve the issue in person. We have an option to purchase featured firearms (engraved and at significant discounts) while on deployment. My interest was peaked when I saw a Kimber 1911 CDP II .45 ACP. Usually about $1300 offered to us for $900. Im going to give a run at it from this end first, but hate to miss out on a good deal (and memorabilia). Thank you for the info. hopefully I can resolve any issues should they arise.

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    New Member Array Samson88's Avatar
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    Oh forgot to mention, I rotate back aroung May and even with out a purchase permit you are allowed to buy handguns at gunshows ,etc. just not stores/gun shops. Conceal and carry is another animal. Dont ask why, Minnesota is wacky like that. Dont shoot the newbie, dont know any better. Might just move back to Missouri it might be easier and warmer!

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    Distinguished Member Array ErnieNWillis's Avatar
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    Quote Originally Posted by Samson88 View Post
    Im 23 years old, residence in the Twin cities, MN. and originally from the country. No charges dealing with domestic violence. Shootings outside my door and local break-ins back home have me looking at means of defense (besides a 5 foot shotgun) when I get back. In Minnesota you apply at the local court house (sherriffs office). Upon recieving the backround check they have the right to deny the request at thier descression. There is an appeal process but I was deployed before I could resolve the issue in person. We have an option to purchase featured firearms (engraved and at significant discounts) while on deployment. My interest was peaked when I saw a Kimber 1911 CDP II .45 ACP. Usually about $1300 offered to us for $900. Im going to give a run at it from this end first, but hate to miss out on a good deal (and memorabilia). Thank you for the info. hopefully I can resolve any issues should they arise.

    Ever thought about moving to a more gun friendly state? Say like Texas mabe?

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    JD
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    Quote Originally Posted by ErnieNWillis View Post
    Ever thought about moving to a more gun friendly state? Say like Texas mabe?
    If he failed the NICS check, that's not going to help any.

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    Ex Member Array azchevy's Avatar
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    Quote Originally Posted by JD View Post
    If he failed the NICS check, that's not going to help any.
    Did he? he keeps mentioning a purchase permit.... is that a state thing?

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    Ex Member Array azchevy's Avatar
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    it is a state thing, maybe we are not getting the whole truth from him as to what the charges are for?

    Permits to Purchase Handguns:

    Applicants for permits to purchase handguns must apply in person to the police department in the city in which they live and present a valid Minnesota driver's license or identification card with their current address. If there is no police department, they must apply to the sheriff's office in the county in which they reside. Minneapolis residents may apply for a permit to purchase (not carry) in Minneapolis City Hall, 350 South 5th Street, Room 1-A, Minneapolis, MN 55415. Public service hours are 8:30 a.m. to 3:30 p.m., Monday through Friday.

    Application forms may be obtained by following this link to the Minnesota Bureau of Criminal Apprehension Form (PDF).
    Purchase:

    Complete application. All areas of application must be filled in completely. Falsified applications will be reviewed for possible criminal prosecution.
    You must be 18 years old to acquire or possess a handgun or military-style assault weapon. Federal law requires you to be 21 years old to acquire handguns from licensed dealers.
    You must not have been convicted of a crime of violence. Definitions of crimes of violence can be found in MN Statue 624.712 subdivision 5. This portion does not apply if 10 years has lapsed since your sentence has expired.
    You must not have been convicted of 5th degree assault as defined in MN Statue 609.224 subdivision 3, paragraph (b).
    You must not have been convicted of domestic assault as defined in MN Statue 609.2242.
    You must not have been court ordered committed to a treatment facility. This portion does not apply if documentation can be provided that you have completed treatment. (Peace Officer must be provide information pertaining to informal treatment programs attended).
    You must not have been convicted of unlawful use, possession or sale of a controlled substance.
    You must not have been convicted of a felony unless 10 years has lapsed since completion of your sentence.
    You must not be a fugitive. Any type of warrant (petty parking) classifies you as a fugitive.
    You must not be a user of a controlled substance. Controlled substances are defined in MN Statue 152.
    You must be a US Citizen or Legal Alien.
    You must not have been dishonorably discharged from the armed forces.
    You must not be the subject of a restraining order.
    Permit Background Check Inquiry

    Gun Permits
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    JD
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    Part of the back ground check for the purchase permit is a NICS check, when you apply for a carry permit, part of the background check is NICS, when you go and buy a handgun in a state that doesn't have a purchase permit etc. and you're waiting while the dealer is on the phone, you're being ran through NICS.


    IF he's failing the NICS check, he needs to find out why.

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    VIP Member Array oakchas's Avatar
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    Correct me if I'm wrong JD, or Lima.

    In the case of MN, apparently, a handgun purchase requires a purchase permit. An old, unpaid parking ticket which resulted in a warrant (again, apparently) in MN can keep you from getting a permit to purchase. And, you have to get your permit from the local gendarmerie (Cop shop or Sheriff's office if no PD).

    Iowa still requires a purchase permit (if you have no PCW) to purchase a handgun... From any one, at a gun show or F2F. It is possible MN is the same or similar.
    Rats!
    It could be worse!
    I suppose

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    JD
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    Quote Originally Posted by oakchas View Post
    Correct me if I'm wrong JD, or Lima.

    In the case of MN, apparently, a handgun purchase requires a purchase permit. An old, unpaid parking ticket which resulted in a warrant (again, apparently) in MN can keep you from getting a permit to purchase. And, you have to get your permit from the local gendarmerie (Cop shop or Sheriff's office if no PD).

    Iowa still requires a purchase permit (if you have no PCW) to purchase a handgun... From any one, at a gun show or F2F. It is possible MN is the same or similar.
    As MN is a shall issue state with a pretty good preemption statute and according to the BCA:

    Permit to Purchase / Transfer
    Under Minnesota law, handgun transfers involve any sale, gift, loan, assignment or other delivery to another person. if you possess a valid permit to carry a handgun, that permit constitutes a permit to purchase. You don't need to apply for a separate permit to purchase.

    Options for Obtaining a Permit to Purchase/Transfer
    Option 1
    Fill out a the Minnesota Uniform Firearm Application/Receipt Permit to Purchase/Transfer. Submit the application to your local police chief, or if your municipality does not have a police department, to your county's sheriff. The law enforcement agency will conduct a series of background-related checks to assure you meet eligibility requirements established in state law.

    Once those checks are complete, a one-year permit to purchase a handgun in Minnesota will be issued. If you are applying for a permit to transfer the law enforcement agency must notify you of its status within seven days of receipt.

    If you are selling a handgun and the buyer has not obtained a permit to purchase, you must notify the local police department or sheriff's office of the potential transaction. Once the law enforcement agency receives the transfer/purchase agreement, the agency has five days to determine the potential buyer's eligibility to possess a handgun.

    Option 2
    If you want to make a one-time purchase of a handgun from a dealer and you do not have a permit to purchase, you may apply directly at the gun shop where you will purchase the handgun. The gun shop will require you to complete a consent form that allows them to conduct a name and date-of-birth background check to determine your eligibility to purchase a gun. The gun shops are entitled to charge a fee for this service.
    I doubt it's a local issue, and as far as I know, the mere presence of a simple misdemeanor is not a disqualifying factor under federal or MN code.

    Unless the OP tells us what the offenses were or goes through the appeals process we don't know where the real issue is.

    As for person to person sales, I don't know if a permit is required for that in MN. However, currently the OP appears to be a "prohibited person" for whatever reason (erroneous or not) and I would loathe to be the one to sell him a handgun via private party sale.

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    Senior Member Array tbrenke's Avatar
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    I see a few things that can stop the permit from hapening.

    You must not have been convicted of unlawful use, possession or sale of a controlled substance.
    You must not be a fugitive. Any type of warrant (petty parking) classifies you as a fugitive.
    You must not be a user of a controlled substance. Controlled substances are defined in MN Statue 152.
    You must not be the subject of a restraining order.

    all the above are "nonvoilent" crimes that will keep you out of gun shops. a few more details are needed. Define the 2 crimes.
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