Gun purchase Denied

[G McBride]

One of my friends was denied to purchase a rifle by NICS. I have been trying to help him along by advising but I am stuck.

He sent fingerprints in to the FBI and a letter explaining that he was turned down because he was a fugitive from Justice.

They sent back a Criminal History Record showing that he had been charged with Marijuana -Possess Less than 1 oz. in Chartersville Municipal Court, Ga.

Disposition: Convicted 1995-02-24 ; guilty

Sentence: Fine $363

Would this prevent him from purchasing a gun? What can he do to become eligible again?

Thanks in advance for any help or ideas. I told him I would try to help him resolve this there is a solution.

 

[furbymac]

One of my friends was denied to purchase a rifle by NICS. I have been trying to help him along by advising but I am stuck.

He sent fingerprints in to the FBI and a letter explaining that he was turned down because he was a fugitive from Justice.

They sent back a Criminal History Record showing that he had been charged with Marijuana -Possess Less than 1 oz. in Chartersville Municipal Court, Ga.

Disposition: Convicted 1995-02-24 ; guilty

Sentence: Fine $363

Would this prevent him from purchasing a gun? What can he do to become eligible again?

Thanks in advance for any help or ideas. I told him I would try to help him resolve this there is a solution.

if it was considered a felony then yes it would prevent him from buying any firearm.

 

[G McBride]

Sorry, I forgot.

Severity: Misdemeanor

 

[rimfire_crazed]

I suppose the presumption could be made by the FBI that your friend is addicted to or is a user of marijuana - a question that is asked on the 4473.....

 

[indykid]

Convicted of having less than one ounce of pot, and he is ruined for life. One more reason to fix the "war on drugs" and legalize Marijuana.

 

[Glock18FA]

Convicted of having less than one ounce of pot, and he is ruined for life. One more reason to fix the "war on drugs" and legalize Marijuana.

Or be smart enough not to carry things that are considered illegal in the society that one lives in.

 

[ghostinthewood]

Convicted of having less than one ounce of pot, and he is ruined for life. One more reason to fix the "war on drugs" and legalize Marijuana.

Or be smart enough not to carry things that are considered illegal in the society that one lives in.

Both of these. =p

 

[00BlasterResto]

Yep, as rediculous as it is....... They now consider him a known user of a controlled substance. ( I think)

I have more than one friend in the same spot, catch a pot charge at 18 and from what I have seen your done with guns. many people say it has to be a felony for you to loose your rights, but that's not true I don't think.
Free, well mabey we are and mabey we are not.
Honestly I hardly drink and if pot were legal, I assume I would choose it over drinking. I find liquor to be 5 times worse than pot IMO.
As it is though I am not willing to loose my right to carry over the stuff, so for now I will just wait for the mass's to stop being rediculous.

 

[INGunGuy]

Seems to me that if your friend were to just purchase a firearm from an individual without going thru a FFL, then there is no 4473, no NCIC, no nothing. Now, I am not a lawyer, but seems to me if you dont go thru NCIC, and the only thing was a old pot charge, your friend should be able to own any firearms but may have to just purchase his firearms from a FTF transaction.

INGunGuy

 

[00BlasterResto]

Seems to me that if your friend were to just purchase a firearm from an individual without going thru a FFL, then there is no 4473, no NCIC, no nothing. Now, I am not a lawyer, but seems to me if you dont go thru NCIC, and the only thing was a old pot charge, your friend should be able to own any firearms but may have to just purchase his firearms from a FTF transaction.

INGunGuy

Of course then he would be unable to obtain a LTCH. Also if a situation came up and he had already been denied a purchase, that may also cause trouble.
Sounds pretty risky to me, I would just eat it and move on. The last thing he needs is a gun charge ontop of his pot charge.
All he can do is an appeal (online I think), and I believe they may take him infront of a board or something. I had a freind try to do the appeal, but they just shut him down.

 

[grimor]

You can try for a presidential pardon.

 

[SmellsLikeVictory]

Holy smokes, I can't believe the citizens of Georgia can screw up peoples lives to this extent and in California it's like a parking ticket. Something is very wrong!


PENALTIES FOR MARIJUANA AND COUNTERFEIT SUBSTANCES in ga

Penalties For Marijuana​

Possession of Less Than an Ounce - Felony or Not
In most instances, possession of less than an ounce of marijuana is a misdemeanor. However, it is quite possible to possess less than an ounce and still be guilty of a felony. For example, if you intend to distribute (sell) the marijuana, that would be a felony. Even sharing a joint with a friend could be construed as intent to distribute and bootstrap the charge to a felony offense.​

Felony Possession of Marijuana
If you possess more than an ounce, sell, grow, or intend to distribute any quantity of marijuana, you can go to prison for up to ten years.

And don't forget, even a misdemeanor marijuana conviction can result in a driver's license suspension for a minimum period of 6 months with no limited driving permit.​

Penalties For Counterfeit Substances​

If you purchase, possess, sell or intend to distribute any counterfeit drug, you can go to prison for up to ten years.​

Of course, a conviction for any of the above could result in the loss of State and/or Federal college financial aid. And of course there is always forfeiture of you property.​

http://www.georgiadefenders.com/q.asp​

 

[drbarnes]

Your buddy had some pot and got in trouble, my guess is he wasnt hurting anyone, MEANWHILE the police go drunk driving and running over people, getting off unpunished and walking around with a gun...

sounds fair to me.

 

[Glock18FA]

Your buddy has a documented history of breaking laws. Good call by the FBI.

 

[04DarkShadowGT]

I have no issues with anyone smoking pot, doing meth, coke, whatever. Imo its your body do whatever you want to. But its the same with anything, you know there are risks.

Maybe try a lawyer to see if it can get expunged somehow or something, but I guess his situation should serve as a lesson to all. If you do illegal things you could get caught.

Hell I say legalize all drugs, but until they do illegal is illegal.

 

[INGunGuy]

Of course then he would be unable to obtain a LTCH. Also if a situation came up and he had already been denied a purchase, that may also cause trouble.
Sounds pretty risky to me, I would just eat it and move on. The last thing he needs is a gun charge ontop of his pot charge.
All he can do is an appeal (online I think), and I believe they may take him infront of a board or something. I had a freind try to do the appeal, but they just shut him down.

The OP stated his buddy was attempting to purchase a Rifle, so no LTCH would be required. Also if his buddy wanted nothing more than to purchase a pistol to keep at his Residence, then again no LTCH would be required.

I tried to find SOMETHING, ANYTHING at all in 18 USC 922 about a person who was convicted of a misdemeanor drug charge being unable to own a firearm, and I just cant find anything. I have also looked thru IC 35-47 and again unless I am brain dead tonight, can find nothing about a person convicted of a pot charge, drug offense, etc.

If there are some others out there who's search-fu is better than mine, please cite sources of information on federal and/or state law.

INGunGuy

 

[Fenway]

Don't do drugs!

 

[INGunGuy]

One of my friends was denied to purchase a rifle by NICS. I have been trying to help him along by advising but I am stuck.

He sent fingerprints in to the FBI and a letter explaining that he was turned down because he was a fugitive from Justice.

They sent back a Criminal History Record showing that he had been charged with Marijuana -Possess Less than 1 oz. in Chartersville Municipal Court, Ga.

Disposition: Convicted 1995-02-24 ; guilty

Sentence: Fine $363

Would this prevent him from purchasing a gun? What can he do to become eligible again?

Thanks in advance for any help or ideas. I told him I would try to help him resolve this there is a solution.

I went back and re-read your post, and I must ask, why is your buddy a fugitive from justice? What is he running from? OR is that some sort of a mistake/typo/etc? I ask because the pot charge may not be what is keeping him from a rifle purchase, it could be because he is considered a fugitive. Did your buddy pay the fine and all, I see it was 15 years ago, and that IMHO, shouldnt keep him from purchasing a rifle, my issue is with the FBI response that he is a fugitive. Can you please clarify?

INGunGuy

 

[G McBride]

This man is now married with three kid and works every day. He is really a pretty stable citizen now. This all happened in his past and he didn't confess the pot charge until after I had contacted the FBI for him and sent him to the local Police for fingerprinting and check his records. He first told me that he had been denied to buy a 22 rifle because the check came back that he was a fugitive of justice. I'll ask him tomorrow if he paid the fine or fled.

Thanks for all the advice and comments thus far. What would be his next step to appeal this? Who would you suggest that I send him to next.

 

[Clay]

Don't do drugs!

Mmmmmmmmmkay?