Legal question regarding gun ownership

[Ronald]

Ok guys, I have a nephew that's had a troubled past, but he seems to be on the straight and narrow now and wants to buy a plinker. A few years ago, he was caught stealing and arrested for theft, which is a class D felony. Now, I know you can't own a gun if you're a felon, but there was a deal worked out and after he completed his probation, his conviction was reduced to a class A misdemeanor, theft. Here's where I'm stumped, Federal law says "18 U.S.C. § 922(g)(1). anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun". I've read that over and over, and I don't know how to interpret "punishable". In this context, does "punishable" mean that you could be punished by imprisonment for a term exceeding one year, or that you were punished by imprisonment for a term exceeding one year? He was convicted of theft, at A-misdemeanor level. Well, theft carries a maximum sentence of 3 years. So is he still barred from buying a gun since the maximum sentence could've been 3 years? Or does the federal law mean if YOUR specific case was punishable by imprisonment for a term exceeding one year (he got one year on probation), then you're barred from ownership? I hope all this makes sense to someone, his father asked me if he was in the clear tonight, and I really didn't (and still don't) know.

 

[CarmelHP]

Federal law defines a "felony" for the purposes of the GCA as any crime for which you could have received a sentence in excess of 1 year regardless of the actual sentence or whether state law defines the crime as a misdemeanor rather than a felony.

 

[Bill of Rights]

I think that with him receiving post-conviction relief (PCR), he may be eligible now, but I don't know that to be true. It would be worth investigating, of course; possibly via an attorney. You say this happened "a few years ago"; depending on how many "a few" is, he might be able to apply for a full pardon as well, which would remove the disability completely. That's one I would not want to even consider doing without benefit of counsel, but in my case, that's because I don't know much about it. It would be worth investigating, I think, based on the understandably limited information you've put on the board about it.

Good luck, and as always,

Blessings,
Bill

 

[CarmelHP]

He was convicted of theft, at A-misdemeanor level

One addendum, the Mis-A penalty is no more than one year.

 

[pinshooter45]

the best way to find out is for him to try to purchase a gun, and If he is turned down he'll know. The shop won't know why, but he can find out by checking with the NICS as to the reason and proceed from there.

 

[sloughfoot]

the best way to find out is for him to try to purchase a gun, and If he is turned down he'll know. The shop won't know why, but he can find out by checking with the NICS as to the reason and proceed from there.

The only trouble with this is that it illegal for a convicted felon to attempt to buy a gun.

That is a charge that he could be facing if he trys to buy a gun and he is indeed a convicted felon by the records. ATF will be visiting him soon after he attempts the transaction.

Have him contact the Prosecutors Office in his county and ask the question. Can I own or possess firearms? Failing that, his local PD or Sheriff should be able to answer the question.

 

[Kirk Freeman]

Since this answer is going to be fact sensitive, he needs to talk to an attorney. Have him bring the CCS and sentencing order in to the attorney.

 

[RoyalTenenbaum]

Call the BATFE and Realy Big Fires and ask.

 

[pinshooter45]

The only trouble with this is that it illegal for a convicted felon to attempt to buy a gun.

That is a charge that he could be facing if he trys to buy a gun and he is indeed a convicted felon by the records. ATF will be visiting him soon after he attempts the transaction.

Have him contact the Prosecutors Office in his county and ask the question. Can I own or possess firearms? Failing that, his local PD or Sheriff should be able to answer the question.

I really should stop posting after I've had to take a pain killer!

 

[Ronald]

Since this answer is going to be fact sensitive, he needs to talk to an attorney. Have him bring the CCS and sentencing order in to the attorney.

I think that's the advice I'm going to give. At the very least, they'll get a definite answer and even if he can't own a gun now, maybe there's something a lawyer can do for him.

 

[samwathegreat]

When I had just turned 18, I was caught in posession of a controlled substance. I received a similar deal where the offense was reduced to an A misdemenor after successful completion of probation.

I had no problems, and no questions asked when applying for a LTCH. Just tell him to be sure to list the arrest on the LTCH application (lying on the application constitutes not being a 'proper person').

I did have some hassle when trying to buy a gun which turned into a 9-month ordeal sending paperwork back and forth to the FBI NICS, but I was eventually approved, was able to purchase it, and have had no problems since.

IANAL, but my guess is that once the conviction is reduced, he should be good to go....based solely on my personal experiences


Good Luck

 

[ultraspec]

You def need to call BATF and probably an attorney. I would think the BATF would be able to tell you or him over the phone. If not call the FBI and see what they have to say about it. If they say no then he will need an attorney.

 

[billybob44]

I would think the BATF would be able to tell you or him over the phone

You def need to call BATF and probably an attorney. I would think the BATF would be able to tell you or him over the phone. If not call the FBI and see what they have to say about it. If they say no then he will need an attorney.

I would NOT make this call from a phone that can be traced to you??? Just IMO..Bill.

 

[jeremy]

You def need to call BATF and probably an attorney. I would think the BATF would be able to tell you or him over the phone. If not call the FBI and see what they have to say about it. If they say no then he will need an attorney.

There is no way in hell I would call either the ATF or the FBI on Advice on my Legal Status...

 

[Stschil]

You def need to call BATF and probably an attorney. I would think the BATF would be able to tell you or him over the phone. If not call the FBI and see what they have to say about it. If they say no then he will need an attorney.

I would NOT make this call from a phone that can be traced to you??? Just IMO..Bill.

There is no way in hell I would call either the ATF or the FBI on Advice on my Legal Status...

BATFE would probably tell him he's good to go, then bust him for attempting to purchase. Either that, or try to use him for a straw man to set up dealers. Maybe that shouldn't be purple

 

[rnmcguire]

The alternative misdemeanor sentencing means that he is not a convicted felon for all intents and purposes. He's now only been convicted of a misdemeanor in the courts eyes and therefor should have no problem except for being delayed by the background check. I have a relative that was convicted of felony drug possession and served his probation and later petitioned the court for alternative sentencing and the Judge granted him a misdemeanor conviction because he showed that he had turned his life around. He recently purchased a firearm and was delayed for a few days but finally received the the weapon.