i want to be sure i'm understanding this correctly. please read and respond

[jserio]

http://www.atf.gov/firearms/faq/faq2.htm#a7


i believe its in section (A8) , where my question lies.

        "A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms."

this quote was taken directly from that site. now, i bring this up because it's of special intrest to me. you see, as a young lad, i wasn't the brightest of the bunch and made bad choices. some of which were hanging with the wrong influences. but, i'm a man now, and have owned up to my mistakes. in 2002 i was convicted of a felony. i know, you're thinking, "oh f%$k, a felon on gstwins...ahhhhhhhhh." get a hold of yourself now, it was for HOT CHECKS. yes, you read that right, hot checks. i know, i was a dumbass. (at least they were my own checks.  ) anyways. i served 4 years probation and paid back some huge, unholy, yet just fine. in may of 2006 i was released from probation and had my record expunged. so, it's my understanding that because my record has been expunged, i am not considered convicted for Gun Control Act and can therefore legally purchase a firearm.  thoughts? opinions?

[jserio]

everyone in bed allready?  i know i should be. 

[annguyen1981]

I'm not sure, but ask a gun dealer...  they'll know for sure.

[yamahonkawazuki]

http://www.atf.gov/firearms/faq/faq2.htm#a7


i believe its in section (A8) , where my question lies.

        "A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms."

this quote was taken directly from that site. now, i bring this up because it's of special intrest to me. you see, as a young lad, i wasn't the brightest of the bunch and made bad choices. some of which were hanging with the wrong influences. but, i'm a man now, and have owned up to my mistakes. in 2002 i was convicted of a felony. i know, you're thinking, "oh f%$k, a felon on gstwins...ahhhhhhhhh." get a hold of yourself now, it was for HOT CHECKS. yes, you read that right, hot checks. i know, i was a dumbass. (at least they were my own checks.  ) anyways. i served 4 years probation and paid back some huge, unholy, yet just fine. in may of 2006 i was released from probation and had my record expunged. so, it's my understanding that because my record has been expunged, i am not considered convicted for Gun Control Act and can therefore legally purchase a firearm.  thoughts? opinions?

should be expunged. if they deny, get the form, along wiht the one you recieved stating the expungement, and that should clear itup

[spc]

Can you vote?  Then you should be in the clear.  If you really must know, but aren't going to buy a gun right now you can probably talk a local dealer into running the NCIC for standard transfer cost ($15-20)

My guess is that you'll be just fine with standard long guns and handguns, but depending on state you may still not be eligible for a concealed carry permit.

There's an appeals process if you get turned down, that would be the time to drag up any documentation you have.  You could also google and find your local ATF office and run it by them.

[yamahonkawazuki]

Can you vote?  Then you should be in the clear.  If you really must know, but aren't going to buy a gun right now you can probably talk a local dealer into running the NCIC for standard transfer cost ($15-20)

My guess is that you'll be just fine with standard long guns and handguns, but depending on state you may still not be eligible for a concealed carry permit.

There's an appeals process if you get turned down, that would be the time to drag up any documentation you have.  You could also google and find your local ATF office and run it by them.

yup ↑  it will however take some time. IF it is not possible first time around.

[Caffeine]

Sounds like you're ok to own a gun.

Just to be sure, once you get the gun and are driving around and you see a policeman, get your gun and go up to him and show him the gun and your permit.   Police are busy men, so you should run up to him, shouting your question.   

My work here is done.  Anyone else with legal questions, feel free to PM me.  I'm here to help.

[frankieG]

as much as i hate to say so but you are OK to purchase a fire arm. personally i believe that firearms, other than hunting weapons, only belong in the hands of the police and military.  perhaps some collectors under strict regulation.   we pay the police to protect us, a firearm is more likely to be taken away from you than save you.  so i don't see the need.   it is just fear mongering.  if you are that scared that you feel you need a fire arm to protect yourself then i say you should contact the police or seek medical attention for your psych problem

[annguyen1981]

as much as i hate to say so but you are OK to purchase a fire arm. personally i believe that firearms, other than hunting weapons, only belong in the hands of the police and military.  perhaps some collectors under strict regulation.   we pay the police to protect us, a firearm is more likely to be taken away from you than save you.  so i don't see the need.   it is just fear mongering.  if you are that scared that you feel you need a fire arm to protect yourself then i say you should contact the police or seek medical attention for your psych problem

Shut up you damn hippy!!!

lol

[scottpA_GS]

I think you are OK to buy one... My friend was (is) a fellon but after serving his time, serving on paroll because of the crime he commited was not violent he is allowed to buy and even carry a gun.

[bettingpython]

Yes you are OK to own since the record has been expunged, 

You will answer no to question 12c per the instructions contained on page 3 of of form 4473 exception 6 definition 1. Most FFL's are pretty helpful if you have a question, gun owners in general are a pretty friendly bunch.

http://www.atf.treas.gov/forms/4473/index.htm

Because you have been arrested and printed odds are that you will be delayed when the FFL runs the NICS, just a fact of life, I get delayed because my prints are in the system and they have to have a second examiner access those records it takes anywhere between a hour and on my rifle transfer almost 3 full business days to get the approval to transfer.

The Oklahoma state bureau of investigation and the ATF maintain records of all licensed CCW's in oklahoma.

If you get denied you can submit an appeals form and attatch supporting documentation and finger prints which they can then investigate, I would suggest in that case you submit a voluntary appeals for as well which allows the NICS to maintain your records instead of destroying them within 24hrs as is mandated by law you then receive a NICS pin number which usually gets you past the delay as they then have the investigative records on file and do not have to start from scratch every time you purchase.

So go buy one and see what pops up. If your facts are correct and you have been expunged you are good to go. Just be patient.

[jserio]

thank you for the replies. they were all helpful. i seemed to have misplaced my copy of the expungement paperwork. funny thing is, i know i said i was putting it up in a safe place where it wouldn't get lost.  but, i have since moved so who knows where it is. maybe i can contact the court and get a copy. hahaha, that sounds funny, really it does. the conversation would go like this:

    me: "yes, i'd like a copy of the paperwork filed for my expungement"
    them: "sir, you realize expungement meant the event in the eyes of the court essentially never took place, therefore we have no record of it"


i'm sure i'm wrong about the above scenario but it's still a laugh all the same.  i'll keep you guys posted.


spc: yes, i can vote.

[bikejunkie223]

Big shock Frankie went anti-gun on you....you should be good to go, but a call to the DA's office would tell you for sure.

[jserio]

you know, i don't currently own a gun. but i have shot several. i see them as tools. very useful tools. and like many other tools, they should only be out when you're going to use them. so frankie, your argument that it will just get taken from me is foolish.  if i were packing a snub nose .357 or S&W .500, for personal defense and saw fit to use it, (my life or family life in danger), you'd have to get pretty f%$king close to take it from me.  before pulling a weapon in a situtation you should be prepared to actually use it and deal with the consequences of such an action.  no, i'm not military trained in hand-to-hand combat with james bond style moves to disarm an armed person. that kinda shaZam! is really just in the movies. if/when i ever pick up a firearm for self defense, you can bet your ass i'm pulling the trigger.  i don't want a firearm because i feel unsafe. honestly right now, i'd like to go out and hunt with my buddies and in-laws. i don't see gun ownership as fear mongering. i can say this till i'm blue in the face but it just won't get through to some people: GUNS DON'T KILL PEOPLE, PEOPLE KILL PEOPLE.   i can lay a fully loaded ar-15 on my coffee table, safety off, and i promise you, it won't harm a soul until someone picks it up. banning guns will not keep them out of the crimminals hands. it works about as well as Prohibition did. 

[laserred97gt]

Agreed Jserio.

Guns are only dangerous when handled by a person. None of my weapons have ever killed anybody, and some sit loaded 24 hours a day.

If I am carrying my weapon, chances are you won't even know it (not including long arms), let alone take it from me.  The ONLY time it should come out from hiding is when presenting to shoot, or to put it in the safe. 

I have had conversations with police officers that did not know I was wearing a gun.  I also speak to quite a few police officers (related by marriage) and ALL of the ones I have asked are very comfortable with the public being armed.

Frankie, your idea that "gun ownership for anything other than hunting is fear-mongering" is ludicrous.  The same could be said for your statement that "a firearm is more likely to be taken away from you than save you"  This statement was made up by the anti-gun groups and is not supported by any facts or data that I can find from the ATF or CDC.

The statement you make saying "if you are that scared that you feel you need a fire arm to protect yourself then i say you should contact the police or seek medical attention for your psych problem" is unnecessary and extremely pointed.  You are labeling all people who own firearms for self defense as people with psychotic problems and in need of medical attention.  This point alone shows how weak the anti-gun movement is.  People fear that which they do not understand.

Your idea that the police are "paid to protect you" is FALSE.  The police are paid by the state to "protect and serve" the law.  In fact, in a landmark case (Warren vs. District of Columbia), this lack of protection is spelled out very clearly.  ""fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.""

The police work to stop crime when tey can, and investigate the crimes that they can't.  Seeing there is some # of police in America between 500,000 and 1,000,000, (let's say a million to be easy)  and lets assume that 1/3 of them are on duty any given time (3 shifts).  Currently, the us population is 301 MILLION.  301,000,000/333,000 = ~904:1

1 police officer for every 900 people.  Now, this number is actually lower, since some police officers are administrative, some are probate officers, etc..  Do you think 1 police officer can protect 900 people?  I don't.  Even if he could, would he be in the right place at the right time?  Maybe caught in traffic or pulling someone over for speeding.

I will NOT rely on anyone to protect me or my family.  Just as I won't rely on anyone to provide for me in a state of emergency.  People need to take responsibility for their own future and that of their family.  People need to prepare for the unexpected and plan for things that they hope never happen.  You may think this is fear mongering, I call it wisdom.

You can continue to rely on others to protect you, but don't be surprised or upset when you are staring in the face of some danger, and there is no one there.......but you.   

[yamahonkawazuki]

Of course frankie went anti gun, hes a liberal, whadaya expect  , you should be alright. hell im stockpiling high cap  clips now for all glock models. cause if teh new pres pulls a bill clinton, i can make some serious $$$$$, if not i make a slight profit. either way its still money

[laserred97gt]

yama,

Not a bad idea for sure, but your plan hinges on Obama re-enacting the Clinton Ban.  Chances are, if Obama has his way, his ban will be MUCH more strict than the Klinton ban, and could ban your clips altogether.

Rock on!

[yamahonkawazuki]

yama,

Not a bad idea for sure, but your plan hinges on Obama re-enacting the Clinton Ban.  Chances are, if Obama has his way, his ban will be MUCH more strict than the Klinton ban, and could ban your clips altogether.

Rock on!

maybe so, but meh. id better keep quiet n details 

[laserred97gt]

 

[yamahonkawazuki]

prob is those would be impossible to locate, there are dates and other data on them , but nothing saying where they are