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re: Denied on gun purchase….

Posted on 11/26/23 at 12:51 pm to
Posted by Shut Up Mulllet
Member since Apr 2021
968 posts
Posted on 11/26/23 at 12:51 pm to
This is complicated. I had a state felony charge 30 years ago. Drugs.
Got it expunged. Bought guns for years.
I go to buy a gun during the Obama administrations years. Clear the background check. Days later a ATF agent calls me. Says I can’t have it. I returned the gun to the store.
The ATF agent told me I can have a gun in Louisiana. Just can’t buy them. No joke WTF? She said my background check will never clear to buy again.
I have heard they stopped funding the department to clear all this up at the ATF. So that’s a no go. You can get pardoned by the president. Yeah right.
An expungement and a Louisiana concealed carry permit can get you a number with the ATF and you can buy again.
There is a long thread on bayou shooter about this look it up.
Posted by Major Dutch Schaefer
Location: Classified
Member since Nov 2011
38162 posts
Posted on 11/26/23 at 1:45 pm to
quote:

when I was 19 I caught a felony (simple burglary).


Were you convicted?
Posted by offshoretrash
Farmerville, La
Member since Aug 2008
10716 posts
Posted on 11/26/23 at 1:59 pm to
There is a way to do it but I don't remember the details. It's gonna take a long time to get it done so you best contact a lawyer ASAP if you want to buy a gun in the near future.

I'd just get someone you trust to go buy it for you. Yeah it's illegal but there are ways around it.
Posted by scrooster
Resident Ethicist
Member since Jul 2012
42063 posts
Posted on 11/26/23 at 6:38 pm to
There is a case going before the SCOTUS now ... can't remember the exact name or number but the guy bringing the suit against Garland is a guy who has multiple criminal issues and, he's gonna win it.

2nd Amendment says Right to Keep and Bear Arms. It doesn't say you cannot have any felonies especially when having a felony doesn't prevent you from voting these days.

I wanna say the case is United States v. Rahimi but you'll wanna double check that.
Posted by lsufan1971
Zachary
Member since Nov 2003
23694 posts
Posted on 11/26/23 at 6:42 pm to
quote:

this thread reminds me that I saw a great little clip on YouTube talking about how you EDC guys need to find out what local law enforcement carries for their 9mm, .40, and 5.56 rounds....ask the sheriffs office. In court, they cant get you in a self-defense situation because you're using something scary like "Full Metal Jacket" or "Black" rounds


bullshite

Posted by bushwacker
youngsville
Member since Feb 2010
4010 posts
Posted on 11/26/23 at 7:04 pm to
you caught a felony for burglary?? ok i agree you should not have a gun
Posted by Outdoorreb
Member since Oct 2019
2711 posts
Posted on 11/26/23 at 7:14 pm to
Are you able to have a CCL? If so, get one and it helps tremendously
Posted by MoarKilometers
Member since Apr 2015
20549 posts
Posted on 11/26/23 at 7:16 pm to
quote:

2nd Amendment says Right to Keep and Bear Arms. It doesn't say you cannot have any felonies especially when having a felony doesn't prevent you from voting these days.

There are 4 constitutional amendments that deal with voting right, and not a one mentions felons being banned... yet felon disenfranchisement dates back to the 1790s, when the constitution was hot off the press.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
56877 posts
Posted on 11/26/23 at 7:49 pm to
in my state to get gun rights back, you file a petition with circuit court. As long as clean and it wasn't a violent felony, they approve them. Lawyers here usually charge around $1,500 to do it.
Posted by latech15
Member since Aug 2015
1291 posts
Posted on 11/26/23 at 8:16 pm to
The law is the law. You did something dumb. You did something dumb that was bad enough to be a felony. You shouldn’t have a gun. Actions have consequences. Live with your choices.
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
9232 posts
Posted on 11/26/23 at 8:49 pm to
After 10 years you can discuss having it expunged.

Do that and then get your cc permit and it will save you some headaches in the future. Even with the expungement you will likely get delayed every time and they may even still deny. The cc permit will make it smoother for you.
Posted by Elblancodiablo
Member since Sep 2023
1829 posts
Posted on 11/26/23 at 9:09 pm to
quote:

Buy used from private seller. Save on taxes and no one knows you own it.

Best route for anyone really

The proper answer.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19811 posts
Posted on 11/26/23 at 9:29 pm to
Damn. People on here encouraging OP to go commit ANOTHER felony. Y'all realize that he could get checked by DWF while hunting or stopped for floating a stop sign and end up going to real prison for 10 years? Felon in Possession isn't a joke. You can do real jail time for that.

Whether you believe it's a violation of the 2A or not, it's the law as of right now.

The auto expungement the OP was talking about is the LA First Offender Pardon. The feds used to recognize that as a clearance of the firearm prohibition until about ten years ago when they flip flopped and said it is no longer recognized.

OP. You need to talk to an attorney who specializes in criminal law before you try to buy a gun or possess one. I hope you checked "I have been convicted of a Felony" on the 4473. If not, you already committed a federal felony. Lying on a 4473 is something they will 100% go after you for doing. If you hear from ATF regarding your purchase attempt, don't say a word and get a lawyer immediately. They are notified every time NICS issues a Denial.
Posted by Elblancodiablo
Member since Sep 2023
1829 posts
Posted on 11/26/23 at 9:37 pm to
quote:

Damn. People on here encouraging OP to go commit ANOTHER felony. Y'all realize that he could get checked by DWF while hunting or stopped for floating a stop sign and end up going to real prison for 10 years? Felon in Possession isn't a joke. You can do real jail time for that.

Whether you believe it's a violation of the 2A or not, it's the law as of right now.

The auto expungement the OP was talking about is the LA First Offender Pardon. The feds used to recognize that as a clearance of the firearm prohibition until about ten years ago when they flip flopped and said it is no longer recognized.

OP. You need to talk to an attorney who specializes in criminal law before you try to buy a gun or possess one. I hope you checked "I have been convicted of a Felony" on the 4473. If not, you already committed a federal felony. Lying on a 4473 is something they will 100% go after you for doing. If you hear from ATF regarding your purchase attempt, don't say a word and get a lawyer immediately. They are notified every time NICS issues a Denial

Well now, aren't you a good lil foot soldier for our overlords.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19811 posts
Posted on 11/26/23 at 10:41 pm to
quote:

good little foot soldier


Whatever. Take that shite to the OT. I clearly said "Whether you believe it's a violation of the 2A or not, it's the law right now." Maybe you can afford to risk your livelihood and freedom for a moral stance but maybe the OP can't. Someone should at least lay out the facts before he is advised to just go "buy a gun" privately.

If you believe the Felony Prohibition isn't constitutional or is wrong, please run for office and legislate for your position. It's our system.
Posted by gizmothepug
Louisiana
Member since Apr 2015
8509 posts
Posted on 11/26/23 at 10:41 pm to
You got caught doing something 30 years ago. and evidently you did whatever you had to do in the eyes of the government. Why are you worried about the government when it comes to owning a gun? When it comes to personal protection I don’t care what the Federal Government thinks.
Posted by D500MAG
Oklahoma
Member since Oct 2010
3965 posts
Posted on 11/26/23 at 11:51 pm to
quote:

Sheriff or even better a State cop maybe just mention this to them.


Neither is a lawyer and they actually know little about actual law.
Posted by Pvt Hudson
Member since Jan 2013
4694 posts
Posted on 11/27/23 at 5:02 am to
Can’t understand why this board would be helping a convicted felon acquire a gun.
Posted by Snipe
Member since Nov 2015
15702 posts
Posted on 11/27/23 at 5:49 am to
quote:

find out what local law enforcement carries for their 9mm, .40, and 5.56 rounds....ask the sheriffs office.


lol

Good luck with that. Most LOEs have no clue what they're loaded with. "Just whatever they gave me."

And the guy you're talking about is Massad Ayoob. A lot of ODB operators shite on him but he's usually spot on.
Posted by AwgustaDawg
CSRA
Member since Jan 2023
13272 posts
Posted on 11/27/23 at 6:28 am to
quote:

Went to a gun shop, filled out the paperwork, came back denied.

A little back story….I'm in my mid 40s now…when I was 19 I caught a felony (simple burglary). In my court paperwork that I have it says that after 10 years I should be able to purchase a firearm.


My question is…what’s the best way to get this resolved? I could pay a lawyer to do it right?

Thanks for any help.



Do not have any advice but anyone who has been convicted of even a serious crime who has done their time and proven to be an upright citizen should, at some point, have ALL rights automatically restored. Not being able to buy a gun or vote for the rest of your life because you were an idiot at 17 is ridiculous. If you have a record a mile long it makes sense, if you simply fricked up and acted like a damned fool and have proven to be able to be responsible for 10 years or so you should be just like anyone else.
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