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Old January 27, 2011, 03:12 PM   #1
ThirdLane
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Join Date: January 27, 2011
Posts: 11
Purchasing a firearm

Hello all, I am a new member with the intent of purchasing my very first handgun soon. I've been researching my options and I've narrowed my search down to Sig 250 40 cal subcompact and the Springfield Armory XD40. Anyway my question is the law regarding handgun purchase. I saw that persons convicted of a CDV (Criminal Domestic Violence) is barred from possessing handguns but it mentions nothing of people charged but non-convicted of CDV. I was arrested and charged with CDV in 2008 but since I was a 1st time offender, the court allowed me to enter into PTI (pre-trial intervention) and upon completion of the program the charges resulted in nolle prosequi. I haven't had the arrest expunged yet since I figured having the charge dismissed wouldn't affect me. Now after graduating from college and settling down with a family, I figured I would start looking at protection for my household and family. I do not want to go to make my purchase and have me turned down because of a charge of CDV, though it was dismissed. If anyone could provide the answers I would appreciate it. I've contacted the ATF and SLED (SC Law Enforcement Division) and the answers were vague. Thank you in advance. Also I would like to know what you guys think of my two choices.
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Old January 27, 2011, 04:49 PM   #2
markj
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Join Date: October 27, 2005
Location: Crescent Iowa
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Go on down to yer local police dept and request a arrest record on yerself, it will show arrests and any convictions on yer record. then go from there.

Maybe visit the sheriffs dept and inquire about a permit to purchase pistols if it is allowed in yer state.
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Old January 27, 2011, 04:49 PM   #3
Aguila Blanca
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The question on the Form 4473 asks if you have been "convicted" of a felony or of domestic violence. If you weren't convicted, you weren't convicted.

There are (I think) two issues here. BTW, I am not an attorney. That said:

1. You should ask your lawyer if you can honestly answer the 4473 question "No." I don't know if a pre-trial diversion means you weren't convicted, or if it means you were convicted but didn't do "hard time." You need to be clear about that.

2. The second point is that, even if you don't have a conviction, when your FFL calls in the background check the arrest record may trigger a hold or a denial. If that happens, you'll have to go through the appeal process, and you may need to have your attorney petition the court to have the arrest record expunged.
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Old January 27, 2011, 05:24 PM   #4
ThirdLane
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Join Date: January 27, 2011
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Thank you guys for the answers. After speaking with the solicitor from the arresting county, the completion of the PTI (pre-trial intervention) program resulted in my charge being nolle prosequi or dismissed. I also requested a expungement forms to expunge my arrest for the CDV and I should be receiving that soon, and of course I will file the expungement forms to clear my arrest. I spoke with a couple of FFL dealers in my area today and all of them have assured me that only a conviction would result in me being barred from handgun ownership. Just to be sure, one of the dealers had me file the application to purchase a handgun and NICS told him that they had to hold my application due to me born out of the country as I am a naturalized citizen born in South Korea. He mentioned that the NICS did not flag my arrest but due to me being a foreign born citizen would result in application being put on hold. I am waiting that procedural 72 hours to hear from him again. I really want to exercise my right to bear arms and I'm hoping for the best. I hope that I can come back and share my experiences in purchasing my first handgun and my trip to the range. I definitely plan on signing up for CWP classes so that I can get my Concealed Weapons Permit. Thanks guys again
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Old January 27, 2011, 09:59 PM   #5
chasep255
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Join Date: December 21, 2009
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So is there a waiting period if you're not born in the country?
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Old January 28, 2011, 12:24 PM   #6
ThirdLane
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Join Date: January 27, 2011
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IDK if that was the case but the dealer told me that most likely they put it on hold because of that. He said that all NICS mentioned was my country of birth. He told me if nothing happens after 72 hours, he's legally bound to sell me the handgun of my choice.
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Old January 28, 2011, 12:53 PM   #7
mwheue
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Join Date: December 29, 2009
Location: Everett, Washington
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I was born in Canada on a US Military Base and have never had a issue buying a weapon, But one time in a dozen it was held up because I was born out of the US. It is not common but does happen every now and again.
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Old January 28, 2011, 03:37 PM   #8
ThirdLane
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Join Date: January 27, 2011
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I'm just hoping for the best. I'll find out for sure by Tuesday. If I don't hear anything by then I'll definitely be buying my first handgun. I'm leaning toward Springfield XD9 for my 1st purchase. Like they say no news is good news after the procedural 72 hours.
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Old February 8, 2011, 01:36 PM   #9
ThirdLane
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Join Date: January 27, 2011
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Update

So, I've been approved after waiting 72 hours. I decided to purchase a Springfield Armory XD 9mm essential pack. I ordered it on Friday and it is waiting to be shipped as of now. I think it should leave the shop I ordered it from and arrive at my local firearm dealer within the next two days. I can't wait to put a box of rounds through it at my local range. I appreciate all your inputs and I will definitely keep you guys updated on my journey as an armed citizen. And while I was at it, I decided to get my arrest expunged so I will be sending in my expungement papers soon.
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