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Legality on buying or selling a firearm when on probation?

Discussion in 'Legal & Political Archive' started by MinnesotaORnewbie, Mar 20, 2013.

  1. MinnesotaORnewbie

    MinnesotaORnewbie Oregon Active Member

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    After reading another person’s thread about something different, I began to question and wonder something that I have thought of before but do not know the answer. I am not the said person in this example, but just asking it for my own clarification since I have wanted to know for some time.

    Person "A" was charged and convicted of any petty or regular misdemeanor. They were put on probation for let’s say two years. There are no conditions from the judge about firearms at all. They have never had a felony, an assault, drug charge, or any other conviction that would make them ineligible from owning a firearm. So with that said, they already own a few different firearms. They shoot them, hunt with them, and have them in their own home and also transport them in a vehicle when needed; all of which is 100% legal in according to state and federal laws.

    BUT, because they are on probation with the court and county where they were convicted of their low level crime, again with no special conditions attached at the date of conviction regarding firearms, why can that person not buy a firearm from a FFL and will always be denied at the time of the NICS or background check for the period of their given probation? Is this just a means of gun control with the idea of not allowing a person who has recently committed a crime purchase one? Or is this a preventative incase this person is on the verge of committing more crimes and covers someone’s back just in case? And also, is this person legal to buy a firearm face to face in their state of residency?

    Anyone with a thought, opinion, or fact is welcomed to comment on this. One part of my questioning this is for in the future when making a Face to Face sale. Sorry this thread is WORDY and redundant at times. I just wanted to try to cover any questions someone might have before answering and to be as clear about the possible scenario as I could. Thanks. Looking forward to hear what everyone has to say.
     
  2. BVB

    BVB PDX Active Member

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    might be the nature of the misdemeanor? what were they convicted of?
     
  3. MinnesotaORnewbie

    MinnesotaORnewbie Oregon Active Member

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    Anything, I have known 2 different people that this was similar. One was disorderly conduct, and the other was the persons first and only D.U.I, or D.W.I, not sure which one. I think his BAC was just barely over the .08 limit.
     
  4. PinkhamR

    PinkhamR Altus, Oklahoma MSgt, USAF (Retired)-FFL Lifetime Supporter

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    See ATF Form 4473 - Question 11B

    Are you under indictment in any court for a Felony, or any other crime, for which the judge could have imprison you for more than one year.

    Here is the long answer .....

     
  5. MinnesotaORnewbie

    MinnesotaORnewbie Oregon Active Member

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    none of thee above, and just so you know, this is not for or of me. just something I have questioned in the past.
     
  6. PinkhamR

    PinkhamR Altus, Oklahoma MSgt, USAF (Retired)-FFL Lifetime Supporter

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    I understand - "Are you under indictment in any court for a Felony, or any other crime, for which the judge could have imprison you for more than one year." is just how the question is stated on the Form 4473.