Buying a gun with a misdemeanor person to person 13 yrs ago

[BrattyTaco44]

So I got a duii charge and a reckless endangering of a minor (misdemeanor) back in 2012. Person to person crime.... Can I pass a background check for a gun?

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[bradsteen]

Pretty sure the only convictions that would disqualify you from firearms ownership are felony charges or misdemeanor domestic violence. But I'm just some dude on the internet, so probably worth checking with your local law enforcement, or an attorney.

 

[Alexx1401]

So I got a duii charge and a reckless endangering of a minor (misdemeanor) back in 2012. Person to person crime.... Can I pass a background check for a gun?

Did they charge and convict you of a felony? Did you plead to a Felony? Even if you served no time did you plead to a felony? Make sure you know the answer to this before you walk in and fill out the first forms to try to buy. That question is going to need an answer from you yes or no. If no? You "should" be good to go but only one way to find out for sure.

 

[BrattyTaco44]

Did they charge and convict you of a felony? Did you plead to a Felony? Even if you served no time did you plead to a felony? Make sure you know the answer to this before you walk in and fill out the first forms to try to buy. That question is going to need an answer from you yes or no. If no? You "should" be good to go but only one way to find out for sure.

No felony

 

[echo1]

I had the Kali DOJ put a "delay delivery" on one 4473 for a NFA lower. When I called them to question the action, they said it was for a vehicular felony "arrest" in 1970. I told the DOJ that the charge ended up a misdemeanor. The DOJ said to contact the court where it was tried and get a copy of the disposition. When I went to the court clerk's office, 70 miles away, they said they don't keep misdemeanor records past 1975 (that was 9 years ago). I relayed that information to the DOJ and reminded them that an arrest is not a conviction. Since there was no felony record, they released my lower. PAX

 

[Alexx1401]

I had the Kali DOJ put a "delay delivery" on one 4473 for a NFA lower. When I called them to question the action, they said it was for a vehicular felony "arrest" in 1970. I told the DOJ that the charge ended up a misdemeanor. The DOJ said to contact the court where it was tried and get a copy of the disposition. When I went to the court clerk's office, 70 miles away, they said they don't keep misdemeanor records past 1975 (that was 9 years ago). I relayed that information to the DOJ and reminded them that an arrest is not a conviction. Since there was no felony record, they released my lower. PAX

A PRIME example of how great all these laws work. Court does not keep records that far back yet DOJ still had a record. So you are left to run around and try to prove you are innocent. Meanwhile how many scum who have LONG sheets get caught there with a gun over and over and over again.

 

[Alexx1401]

No felony

Then you "should" be good to go but, again the only way to really find out is either try to buy a gun or apply for a permit to carry. See if either one is delayed or denied. If they are you can go from there to find out why and try to clear it up.

 

[laserkote]

Any person to person crime will get you nixed from buying a gun, be it felony or misdemeanor. I had an assault 4 back in '06, which was a misdemeanor bar fight and had to have it annulled. It cost me around $1200 but it was well worth it!

 

[duldej]

https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download

See if you can honestly answer no to the questions on the form 4473, at the above link.

You still may not know for sure, but can avoid paying a restocking fee if there's an obvious blocker.

Also expunging misdemeanors is always a good idea. Although some online atty services can sometimes accomplish that task for $500-$600, you can also try local attys like Short Law Group, in Portland, OR, perhaps others, who specialize in all aspects of gun ownership/chl/expungement type legal issues.

I'm sure if the BATF had the full picture you would be fine, but as other posters above have mentioned it does not always appear on paper to be cut and dry, and in your favor.

 

[jbett98]

And to make things harder, OSP wipes clean your BGC file every five years, so if you go through all the legal problems and manage to pass a background check, you get to do it all over again five years down the road.
I expunged a class C misdemeanor that I got in 1980 while traveling in Utah and learned to never throw away any legal paperwork that was supposedly going to permanently seal my records with the Feds.
Sure enough, every five years I have to argue with an OSP agent and send them the court order proving it's been taken care of years ago.

 

[po18guy]

Are you currently, or have you ever been a member of the Republican party, or voted Republican?

Probably disqualifying under Draco's new laws.

 

[Glockguy97]

I think you're fine as far as Oregon goes.

In Massachusetts, however, DUI makes you a PP

 

[gmerkt]

I had the Kali DOJ put a "delay delivery" on one 4473 for a NFA lower. When I called them to question the action, they said it was for a vehicular felony "arrest" in 1970. I told the DOJ that the charge ended up a misdemeanor. The DOJ said to contact the court where it was tried and get a copy of the disposition. When I went to the court clerk's office, 70 miles away, they said they don't keep misdemeanor records past 1975 (that was 9 years ago). I relayed that information to the DOJ and reminded them that an arrest is not a conviction.

This stuff happens. Counter to how things are supposed to work. My pal of six decades was arrested in 1970, no conviction of any kind, yet to this day he is barred from buying a firearm. he won't pass NICS.

I expunged a class C misdemeanor that I got in 1980 while traveling in Utah and learned to never throw away any legal paperwork that was supposedly going to permanently seal my records with the Feds.

AND: Never throw away any medical documents concerning your treatment. Because you cannot rely on medical providers to keep them or be able to make them available to you later should the need come up.

 

[DunRanull]

I had a similar issue in re: an arrest in 1972(?)... no trial, no plea, no conviction, the DA filed a "Nolo Prosequi"(?) and the charges were dropped. 10 years later, I took a job at a local school district and they did a background check and lo and behold, the charges were listed as still standing (i.e. was I a wanted man?)!! I have the paperwork indicating it had been dropped and showed it to the interviewers, so that went OK, but I chased down the "arresting agency" in another state and demanded to know "WTF, Over".. Ended up I had to contact the FIB records dept in Va- long story short, they erased their file and sent me the original paperwork, with a nice apology for their mistake and desire to smooth things over... One of the few happy endings Ive had dealing with governments... With all the BGC I've had since, never had a problem....

 

[Yarome]

I had a similar issue in re: an arrest in 1972(?)... no trial, no plea, no conviction, the DA filed a "Nolo Prosequi"(?) and the charges were dropped. 10 years later, I took a job at a local school district and they did a background check and lo and behold, the charges were listed as still standing (i.e. was I a wanted man?)!! I have the paperwork indicating it had been dropped and showed it to the interviewers, so that went OK, but I chased down the "arresting agency" in another state and demanded to know "WTF, Over".. Ended up I had to contact the FIB records dept in Va- long story short, they erased their file and sent me the original paperwork, with a nice apology for their mistake and desire to smooth things over... One of the few happy endings Ive had dealing with governments... With all the BGC I've had since, never had a problem since ...

Umm... as far as I know... aren't happy endings still illegal in most any jurisdiction??

Ooohhhh... gooberment sanctioned. Gotcha!

 

[Mikej]

So I got a duii charge and a reckless endangering of a minor (misdemeanor) back in 2012. Person to person crime.... Can I pass a background check for a gun?

From our personal experience, with the wife, a delay is highly likely. In her case, first gun purchase. I believe it was 2011 when we went to purchase her first hand gun. She was delayed. We found out it was a situation 30 years prior when she was 17-18. she says she still remembers the holding cell. She was with some others her age, in a car, where one of the boys shot a BB gun at someone's living room window. There was no record of arrest. But for some reason it popped up on her first background check. It took three months to clear that up and for her to get the gun. No issues since. I can imagine with how flock-ed the Oregon BGC system is now, that you will be in for a loooong wait at the very least.

 

[Stomper]

YEARS ago during the early 90's I was arrested and booked into the "Justice Center" in downtown PDX for the Class-A misdemeanor (one step below a felony) of "assault and menacing"……. the guy I caught in the act of breaking into my house. I tuned him up pretty badly and he wound needing a neck-brace, and he received a broken his back for his "efforts".


The charges were dismissed, and I still keep that dismissal paperwork to this day, "just in case".


I have always had an instant UBC approval, and even hold a security clearance that allows me to work on sensitive government equipment in sensitive government areas.


My point being in saying all this, ANYONE can be arrested for ANYTHING, at ANY TIME… it's the convictions and/or judgements made against you that matter, not merely being "arrested". You gotta MAKE the bastards adhere to the law, not their "rules" or "feelings".

 

[billdeserthills]

If the misdemeanor you were charged with could have carried a year of jail, that could be a problem

 

[TTSX]

Go fill out a 4473 and let us know what happens

 

[Melman]

Any person to person crime will get you nixed from buying a gun, be it felony or misdemeanor. I had an assault 4 back in '06, which was a misdemeanor bar fight and had to have it annulled. It cost me around $1200 but it was well worth it!

Only 4th degree assaults that prohibit firearms are DV bad recent DUI at some state levels and DV on fed and state levels