Want to buy first pistol - But DV Arrest (not conviction) on record - help

alaskan_sunbear · December 16, 2012, 05:04 PM

Hi,

I want to attempt to buy my first gun (A glock 19 pistol) in Georgia soon. I have a Domestic Violence arrest on my record (in Ohio, just moved here to GA) but not a conviction, it got dropped down to a disorderly conduct, so I was never convicted of domestic violence. The whole thing was BS, I was breaking up with my GF, we were yelling at each other so I got her things put them in a box and put them outside for her (she told me she wanted me to) and the next thing I know I'm getting arrested for DV. It was because the 'security officer' at my apartment complex was best buddies with the cops and he didn't like me for a few reasons, one being because i was young and do pretty well for myself, he thought i was a 'drug-dealer', and two he has made several racial remarks towards me (I'm multi-ethnic). So the cops were high-fiving each other and stuff and basically screwed me over because they were friends with this guy and he didn't like me. Anyways, went to court everyone explained what happened, even the gf told them nothing happened and the DA told me it's still disorderly conduct because I placed her things outside. So whatever, I took that.

All of this happened in April of this year, in Ohio. So my question is, will I pass the NICS check? I know the form says CONVICTED (not arrested) for domestic violence but I am not sure if this will stop me or not. I am 21 years old if that matters at all. I am going to try and get this expunged but my understanding is that I have to wait a year for that to happen.

Also, I know this is a public forum on the internet and I should talk to a lawyer, but I'm just asking to see if any fellow gun enthusiasts have any knowledge / insight / experience with this issue, or know someone that has gone through something similar.

Any input is greatly appreciated. Thank you!

BarryLee · December 16, 2012, 05:39 PM

If the case has been adjudicated and you were ultimately convicted of misdemeanor disorderly conduct you should be OK.

If you are sure the case was resolved as you say go ahead and attempt to make the purchase. If you are denied there is an appeals process and I think the gun shop can provide the details. If you are denied it may require an attorney to clear up.

http://www.atf.gov/forms/download/atf-f-4473-1.pdf

**Tom Servo** · December 16, 2012, 10:07 PM

I suggest you talk to a lawyer before you attempt to buy a weapon. Why? Because what you were told and how the records were ultimately filed might be two different things.

jason_iowa · December 17, 2012, 12:10 AM

To buy a pistol in Iowa you need to get a permit to purchase from the sheriff first. They just do a background check on ya. What you are looking for is public record you don't need to spend a couple hundred bucks on a lawyer you can check for yourself what is on your record. In iowa its Iowa courts online

https://www.iowacourts.state.ia.us/E...aultFrame?in=1

I'm not sure what it is in other states but a few phone calls to the county it happened in should get you some answers.

December 16, 2012, 05:04 PM	#1
alaskan_sunbear Junior Member Join Date: December 16, 2012 Posts: 1	Want to buy first pistol - But DV Arrest (not conviction) on record - help Hi, I want to attempt to buy my first gun (A glock 19 pistol) in Georgia soon. I have a Domestic Violence arrest on my record (in Ohio, just moved here to GA) but not a conviction, it got dropped down to a disorderly conduct, so I was never convicted of domestic violence. The whole thing was BS, I was breaking up with my GF, we were yelling at each other so I got her things put them in a box and put them outside for her (she told me she wanted me to) and the next thing I know I'm getting arrested for DV. It was because the 'security officer' at my apartment complex was best buddies with the cops and he didn't like me for a few reasons, one being because i was young and do pretty well for myself, he thought i was a 'drug-dealer', and two he has made several racial remarks towards me (I'm multi-ethnic). So the cops were high-fiving each other and stuff and basically screwed me over because they were friends with this guy and he didn't like me. Anyways, went to court everyone explained what happened, even the gf told them nothing happened and the DA told me it's still disorderly conduct because I placed her things outside. So whatever, I took that. All of this happened in April of this year, in Ohio. So my question is, will I pass the NICS check? I know the form says CONVICTED (not arrested) for domestic violence but I am not sure if this will stop me or not. I am 21 years old if that matters at all. I am going to try and get this expunged but my understanding is that I have to wait a year for that to happen. Also, I know this is a public forum on the internet and I should talk to a lawyer, but I'm just asking to see if any fellow gun enthusiasts have any knowledge / insight / experience with this issue, or know someone that has gone through something similar. Any input is greatly appreciated. Thank you!

December 16, 2012, 05:39 PM	#2
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	If the case has been adjudicated and you were ultimately convicted of misdemeanor disorderly conduct you should be OK. If you are sure the case was resolved as you say go ahead and attempt to make the purchase. If you are denied there is an appeals process and I think the gun shop can provide the details. If you are denied it may require an attorney to clear up. http://www.atf.gov/forms/download/atf-f-4473-1.pdf __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

December 16, 2012, 10:07 PM	#3
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	I suggest you talk to a lawyer before you attempt to buy a weapon. Why? Because what you were told and how the records were ultimately filed might be two different things. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

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December 17, 2012, 12:10 AM	#4
jason_iowa Senior Member Join Date: July 30, 2011 Posts: 686	To buy a pistol in Iowa you need to get a permit to purchase from the sheriff first. They just do a background check on ya. What you are looking for is public record you don't need to spend a couple hundred bucks on a lawyer you can check for yourself what is on your record. In iowa its Iowa courts online https://www.iowacourts.state.ia.us/E...aultFrame?in=1 I'm not sure what it is in other states but a few phone calls to the county it happened in should get you some answers.