GUN Question about legalities of buying a gun

Discussion in 'On Topic' started by Pineapple Devil, Mar 2, 2007.

  1. Pineapple Devil

    Pineapple Devil beat it!

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    say someone was arrested for a felony reckless endangerment, the case was suspended on 1 year of good behavior and after that 1 year the charge was dropped. after the charge was dropped, should that person have a problem buying a gun?
     
  2. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    If there is no conviction then it would be perfectly legal, though probably quite possibly delayed durring the NCIS check.
     
  3. Pineapple Devil

    Pineapple Devil beat it!

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    the reason i ask is my 11 29 for the felony reckless endangerment charge will be up april 11. i should get my ar15 back that day, or soon after, and my attorney and i are going to fill out the paperwork for it to be expunged. id like to know that i can still buy after all of this is over
     
  4. SnakeEater

    SnakeEater OT Supporter

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    I would have to say,you`ll be good to go.But,I`m not sure how long it take for the record to be expunged.That might take alil while
     
  5. Pineapple Devil

    Pineapple Devil beat it!

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    thats the thing i'm worried about too but no conviction is good for me
     
  6. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Yeah should be good to go and legit for any FTF sales but anything going through and FFL I don't know how quickly that background info gets updated.
     
  7. Gimik

    Gimik New Member

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    I'm pretty sure the form says "convicted" on it. So you should be fine.
     
  8. Pineapple Devil

    Pineapple Devil beat it!

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    i dont know how in depth it was compared to the background check for guns but i had a criminal background check done last september for my employer (a hospital) since having a felony can keep you from clinical positions, and a criminal background check done in may for school (cant go into some hospitals for school with felonies). the one in may didnt show anything on it at all and both were given the green light
     
  9. blindarrow

    blindarrow New Member

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    Pendings don't show. I had a pending when I applied at the airport and I got green-lighted too.

    If your attorney pushes the expungement through, it shouldn't take more than a week. Let me know if you need anything.. I know a few people here and there.
     
  10. P07r0457

    P07r0457 New Member

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    what constitutes a "conviction"?

    For example:

    Person A is involved in a set of circumstances.

    Person A agrees to a deferred sentencing agreement

    deferred agreement states that Person A enters a plea of "Guilty" in return for a six month probationary period. At te end of six months, if Person A doesn't commit any other crimes, the charges are dismissed.


    Is that a conviction?

    IIRC, most employment applications ask "have you ever been convicted or please guilty/no-contest...". So would that be affected?
     
  11. vettefan52

    vettefan52 Guest

    you need to make sure the case is DISMISSED... FBI considers dead docketed cases to be pending charges, which will get you denied every day and twice on sunday.

    you must have the case DISMISSED... not dead docketed, or let expire or anything else. must be dismissed.

    im getting a lawyer for my situation, because i have no charges against me, yet the FBI says thats untrue(which is fucking bullshit)
     
  12. P07r0457

    P07r0457 New Member

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    so if a case is dismissed then there's no reason a bgcheck would fail?
     
  13. vettefan52

    vettefan52 Guest

    as long as you are not convicted, and they DROP/DISMISS the charges, you should have no problem passing a background check. however, if they dead dockett your charges(not the same as dropping to the fbi) you WILL get denied. i am speaking from personal experience and letters from the DOJ/FBI/ATF.
     
  14. Pineapple Devil

    Pineapple Devil beat it!

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    dead docket is the same thing as suspending a charge on good behavior for a year. if you stay out of trouble for that year, the charges are dropped. if you get in trouble, the charge is brought back up. its a pending charge
     
  15. vettefan52

    vettefan52 Guest

    exactly. make sure they are dropped and signed off and everything and you should be good to go. the judge promised me everything could be removed after 1 year, and the fucking shit ass nignog district attorney is refusing. that fucking cunt ass bitch. i hope he dies. im getting a lawyer though, so hopefully that will work out.
     
  16. P07r0457

    P07r0457 New Member

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    so entering a plea of guilty is not the same as a conviction?
     
  17. Pineapple Devil

    Pineapple Devil beat it!

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    yes
     
  18. P07r0457

    P07r0457 New Member

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    yes it is the same? Or no it is not the same?
     
  19. Pineapple Devil

    Pineapple Devil beat it!

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    yes it is the same. sorry i didnt see the not in there

    its is the same b/c there is an admission of guilt or you are found guilty
     
  20. P07r0457

    P07r0457 New Member

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    This is really interesting stuff. The legal resources online seem to say otherwise, however:

    They all seem to make a distinction between a plea, and a conviction?
     
  21. Pineapple Devil

    Pineapple Devil beat it!

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    the first one doesnt hold true if you file for expungement afterwards. you are guilty whether you plea guilty or are found guilty. either way you're guilty and it goes on your record as guilty. no matter how you got to the end product of guilty. a deferred judgement is totally different than you just flat out pleaing guilty. the DA has to make an agreement with you for you to have the possibility to get a plea bargin like that
     
  22. P07r0457

    P07r0457 New Member

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    yea, but the scenario that I constructed would fall under that, would it not?

     
  23. Pineapple Devil

    Pineapple Devil beat it!

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    yes, it would.
     
  24. vettefan52

    vettefan52 Guest

    it depends what you plea out to... in my case, i plead guilty to a disorderly conduct misdemeanor, yet they are still holding me hostage by not dropping the agg. assault charge. by dead docketting it, they can reopen it if i fuck up for any other reason(there wont be any). as soon as i get this handled, im buying a fully auto gun of some kind(probably an uzi) and im going to get a can for it too, just to say fuck you.
     

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