Potential New Rifle Owner...

bologna · August 23, 2012, 11:30 AM

I am looking into buying a rifle for when I am visiting with my nephew. He likes to hunt, and I don't want to just stand around and watch all of the time. I was l However...I don't know where to begin, and there are things that concern me.

I'm 33. When I was in my early 20s, I was arrested for having a knife in my car that was said to be a concealed weapon(double bladed). That's a felony on my record.

I live in Chicago and I don't think guns are permitted here(without a huge hassle). That's fine. I will be keeping it in Michigan if I need to, where I will use it.

Questions:
What State would be easier to purchase a rifle in, Michigan or Illinois?
What would I need to do so in either State?
Am I likely to be denied a rifle because of the felony on my record?

Webleymkv · August 23, 2012, 11:38 AM

You say you were arrested for having a concealed weapon that that it was a felony arrest. Were you, however, convicted of a felony or were the charges later dropped or plead down to a misdemeanor? If you have a felony conviction then you are, by federal law, prohibited from buying or even owning a firearm.

bologna · August 23, 2012, 11:55 AM

Yes, I was convicted.

That's disappointing that I can't own a firearm. Is there anything I can do to have this resolved? It was over 12 years ago. I didn't have an attorney worth anything at that point because I was young and stupid. I should have fought it more.

I had purchased the knife at a Civil War Reenactment show, and it probably fell between my seats or something. I was pulled over for speeding one day, and they found it.

**Frank Ettin** · August 23, 2012, 12:41 PM

Quote:

Originally Posted by bologna

Yes, I was convicted.

That's disappointing that I can't own a firearm. Is there anything I can do to have this resolved?...

Under federal law, not only can't you own a firearm, but also you may not even have possession of either a firearm or ammunition. "Possession" includes having a gun or ammunition in your hands or having ready access to a gun and ammunition, e. g., staying in a house or hotel room with someone whose gun or ammunition is unsecured and accessible to you.

There may be other state law restrictions that could apply.

As for resolving the situation, you will really need to contact a qualified lawyer in the State in which you were convicted to see what, if anything, could be done to remove the disability. You'll want a lawyer well versed in both criminal law and firearms law (both state and federal).

Hansam · August 24, 2012, 07:42 AM

Carrying a concealed weapon (prior to CCW in WI) was a misdemeanor. Now its carrying a concealed weapon without a permit and its still a misdemeanor.

That being the case its a felony because of state laws. It is possible to have a felony conviction overturned or at least changed to a conviction of a lesser crime after the fact if its at the state level. I have heard of cases where this was done after appealing to the DA and Governor. Of course this is only hearsay and can't be taken as truth but that's at least a glimmer of hope right?

As Mr. Ettin said, find yourself a lawyer who is well versed in criminal law AND firearms laws to try and fix this issue. If/once the issue has been fixed move to a more politically friendly state.

Webleymkv · August 24, 2012, 07:52 AM

Frank Ettin gave good advice about contacting a lawyer (not surprising since he is one himself). It is possible that you may be able to have your record expunged, but a lawyer more familiar with your local and state laws could probably give you better guidance than we can.

**Spats McGee** · August 24, 2012, 10:14 AM

Expungement and restoration of rights are two different, but related things. It is possible to get a matter expunged without restoration of rights, at least in Arkansas. bologna, if you ever want to own a firearm again, you need both. Honestly, you'll need a lawyer to get that done.

Good luck!

Al Norris · August 24, 2012, 01:35 PM

Bologna, we've had two attorneys, versed in federal firearms law, say what needs to be done. That's all that really needs to be said on this particular matter.

Question asked and answered.

August 23, 2012, 11:30 AM	#1
bologna Junior Member Join Date: August 23, 2012 Posts: 2	Potential New Rifle Owner... I am looking into buying a rifle for when I am visiting with my nephew. He likes to hunt, and I don't want to just stand around and watch all of the time. I was l However...I don't know where to begin, and there are things that concern me. I'm 33. When I was in my early 20s, I was arrested for having a knife in my car that was said to be a concealed weapon(double bladed). That's a felony on my record. I live in Chicago and I don't think guns are permitted here(without a huge hassle). That's fine. I will be keeping it in Michigan if I need to, where I will use it. Questions: What State would be easier to purchase a rifle in, Michigan or Illinois? What would I need to do so in either State? Am I likely to be denied a rifle because of the felony on my record?

August 24, 2012, 07:42 AM	#5
Hansam Senior Member Join Date: February 21, 2012 Location: Wisconsin Posts: 763	Carrying a concealed weapon (prior to CCW in WI) was a misdemeanor. Now its carrying a concealed weapon without a permit and its still a misdemeanor. That being the case its a felony because of state laws. It is possible to have a felony conviction overturned or at least changed to a conviction of a lesser crime after the fact if its at the state level. I have heard of cases where this was done after appealing to the DA and Governor. Of course this is only hearsay and can't be taken as truth but that's at least a glimmer of hope right? As Mr. Ettin said, find yourself a lawyer who is well versed in criminal law AND firearms laws to try and fix this issue. If/once the issue has been fixed move to a more politically friendly state. __________________ This is who we are, what we do.

August 24, 2012, 10:14 AM	#7
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Expungement and restoration of rights are two different, but related things. It is possible to get a matter expunged without restoration of rights, at least in Arkansas. bologna, if you ever want to own a firearm again, you need both. Honestly, you'll need a lawyer to get that done. Good luck! __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

August 23, 2012, 11:38 AM	#2
Webleymkv Senior Member Join Date: July 20, 2005 Location: Indiana Posts: 10,446	You say you were arrested for having a concealed weapon that that it was a felony arrest. Were you, however, convicted of a felony or were the charges later dropped or plead down to a misdemeanor? If you have a felony conviction then you are, by federal law, prohibited from buying or even owning a firearm.

August 23, 2012, 11:55 AM	#3
bologna Junior Member Join Date: August 23, 2012 Posts: 2	Yes, I was convicted. That's disappointing that I can't own a firearm. Is there anything I can do to have this resolved? It was over 12 years ago. I didn't have an attorney worth anything at that point because I was young and stupid. I should have fought it more. I had purchased the knife at a Civil War Reenactment show, and it probably fell between my seats or something. I was pulled over for speeding one day, and they found it.

August 24, 2012, 07:52 AM	#6
Webleymkv Senior Member Join Date: July 20, 2005 Location: Indiana Posts: 10,446	Frank Ettin gave good advice about contacting a lawyer (not surprising since he is one himself). It is possible that you may be able to have your record expunged, but a lawyer more familiar with your local and state laws could probably give you better guidance than we can.

August 24, 2012, 01:35 PM	#8
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Bologna, we've had two attorneys, versed in federal firearms law, say what needs to be done. That's all that really needs to be said on this particular matter. Question asked and answered.