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Old September 2, 2010, 01:34 AM   #1
chitown41
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Convicted of possesion of paraphernalia

Is this a disqualifying offence when they do a background check? I am in Indiana, it is a class A misdemeaner punishable by up to 1 year.

Last edited by chitown41; September 2, 2010 at 02:04 AM.
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Old September 2, 2010, 01:58 AM   #2
Raven Armament
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No. They just send a midget to wiener punch you and tell you to straighten your life and grow up.
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Old September 2, 2010, 02:02 AM   #3
chitown41
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Thanks

I need that
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Old September 2, 2010, 03:14 AM   #4
HiBC
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I cannot tell you the answer to your question.
May I ask,do you now see something about the price of Freedom vs Responsibility?
What choices are you willing to make to protect your own,personal 2nd Ammendment rights?
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Old September 2, 2010, 03:58 AM   #5
Powderman
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Your best bet would be to contact the Prosecuting Attorney's office for your jurisdiction. Get the important provisions of your State's laws straight from the State itself.
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Old September 2, 2010, 06:42 AM   #6
Kreyzhorse
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Quote:
Your best bet would be to contact the Prosecuting Attorney's office for your jurisdiction.
I agree that contacting the Prosecuting Attorney's office or some other person familiar with the Indiana law would be your best choice.
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Old September 2, 2010, 10:53 AM   #7
Mike Irwin
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"No. They just send a midget to wiener punch you and tell you to straighten your life and grow up."

You know, normally I'd delete something like this as not really productive to the conversation, but it's just too damned funny...


Question to the OP...

Are you talking about purchasing a gun, or are you talking about getting a permit to carry a concealed handgun?

The answer MAY be different, because purchasing a gun comes under a lot of Federal laws, while carrying a concealed handgun is state law.
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Old September 2, 2010, 11:57 AM   #8
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But it was productive! It started the thread off on the right foot. I'm still laughing...
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Old September 2, 2010, 12:43 PM   #9
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Good editorial discretion there, it was hilarious. We can tolerate hilarious from time to time.
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Old September 2, 2010, 01:22 PM   #10
orangello
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It is my understanding as a non-attorney, non-spokesperson that in Mississippi (my home state) a misdemeanor drug offense will not interfere with getting a permit to carry a concealed firearm. It is spelled out fairly specifically in state law; i would start looking for your state's law on the subject. IIRC, a pattern of regular violations of that sort would be a problem for the carry permit process.

As far as the federal form 4473, there is a question about illegal substance and being an "unlawful user" or an "addict" to them. It appears to this non-attorney, non-spokesperson (not for this forum or any organization) that the form is asking about your current status as a user or addict, but that is my own personal interpretation. I consider that an unlawful restriction of my 2nd Amendment right, but i am almost certainly in the minority.

Last edited by orangello; September 2, 2010 at 01:33 PM.
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Old September 2, 2010, 07:05 PM   #11
chitown41
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I am referring to NICS background check

I am not going to go into how the paraphernalia is not mine bla bla bla..I was charged and convicted of the possession of it. My question was about the federal background check, if this charge is a disqualifyer. Making me an "improper person"?
The midgit wiener hit cracked me up as well, but thanks for serious answers.

To be denied permit in indiana you must be deamed a drug user, the definition in the law states convicted of 2 or more drug charges. So I should be ok on that one.

Last edited by chitown41; September 2, 2010 at 07:25 PM.
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Old September 2, 2010, 09:04 PM   #12
Powderman
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You can save yourself a lot of footwork by making one phone call to the prosecutor's office. You incur no legal liability from doing so; in fact, you will be getting your answer from a definitive source.

I could tell you the definitive answer if you were from WA State; however, I will not do so for obvious reasons.

Here's the straight stuff--unless the person talking to you is an attorney, admitted to the bar in the State of Indiana, and is actively practicing Criminal Law, the answer you get might be the wrong one.

Go get the info you need from the horse's mouth.
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Old September 3, 2010, 06:36 AM   #13
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I'll have to disagree with you Powderman... to a degree...

I've found that asking a lawyer, often you are just getting their opinion.... yes it should be informed and they should research it and have a better chance of being right but often they are wrong... same with a judge... they can be wrong too. this is my personal experience.... both a lawyer and a federal judge told me I was a convicted felon.... but guess what? I am no longer one.... just a simple change in the laws of my state... only folks that seemed to have it all up to date were our state police (SLED) issuing concealed permits.

I'd ask the state police or who ever is in charge of issuing permits, you've got a better chance of getting the right answer.

chitown41>.. you will probably be okay with the background check... but of course there is one way to find out....

also, depending on when your 'drug' conviction was and how old you are now there is a good chance you could get that removed from your record....
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Old September 3, 2010, 06:56 AM   #14
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Quote:
"No. They just send a midget to wiener punch you and tell you to straighten your life and grow up."

You know, normally I'd delete something like this as not really productive to the conversation, but it's just too damned funny...
That was one of the best lines I've seen on here in a bit. I'm still laughing about it.
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Old September 3, 2010, 08:19 AM   #15
Mike Irwin
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OK, I just filled out the paperwork to pick up a new handgun a few weeks ago....

IIRC, the qualifying question is something to the effect of "Have you ever been convicted of a crime for which you received (or could have received) more than 1 year in prison?"

I know the wording isn't 100% correct, but I would suspect that a lot would depend on the specific sentencing guidelines for the crimes for which you were charged.

I really think you need an attorney to look into this for you.
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Old September 3, 2010, 08:29 AM   #16
Rifleman1776
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Misdemeanors are not always exempt.
A misdemeanor conviction for spousal abuse may be grounds for denial. Going on memory alone, I believe that was made part of the original Brady Bill.
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Old September 3, 2010, 11:09 AM   #17
Edward429451
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Don't believe the DA unless he puts it in writing and signs it! That's the reality. People make mistakes and unless it's in writing it doesn't mean squat what he says. I had a DA outright lie to me once because he didn't want to appear un-knowledgable so he postures and lies to look the big man. I asked if I could get the info in writing and he looks puzzled for a moment and says certainly not and turns his back on me!
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Old September 3, 2010, 11:47 AM   #18
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Correct me if you think me wrong, but, given the 'right' circumstances, could the metal barrel of a ball point pen be considered paraphanelia?

Historically, transients have been vulnerable and the arrest stats look pretty good come election time.

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Old September 3, 2010, 01:04 PM   #19
orangello
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http://www.atf.gov/applications/e4473/

Why not download their eform & fill it out to see.

Or review the instructions for this version as revised in 2008: http://www.atf.gov/forms/download/atf-f-4473.pdf

Last edited by orangello; September 3, 2010 at 01:10 PM.
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Old September 3, 2010, 01:23 PM   #20
Mike Irwin
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A pistol barrel could be considered to be paraphernalia if it has a screen in one end that is loaded with drug residue.
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Old September 3, 2010, 01:39 PM   #21
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Regarding the permit: you mentioned the factor of having 2 convictions.

Be sure of the laws in this area for your state if you plan on applying for a permit.

In my state any misdemeanor involving possession or abuse of a controlled substance within the past 10 years disqualifies you from being able to receive a permit.
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Old September 3, 2010, 06:19 PM   #22
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The state of Florida will hold a misdemeanor drug conviction against you for (3) years and deny transfer during this preiod. IIRC.
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Old September 3, 2010, 07:06 PM   #23
oneounceload
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The state of Florida will hold a misdemeanor drug conviction against you for (3) years and deny transfer during this preiod. IIRC
As they should.....sorry, IMO, not everyone deserves the right to own, carry or otherwise use a gun
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Old September 4, 2010, 09:51 AM   #24
publius42
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They're more likely to harm us with a ballot than a bullet, so let's say a misdemeanor also removes the right to vote.
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Old September 4, 2010, 10:20 AM   #25
Edward429451
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Let us not get self rightious on this guy. We all have our drug of choice as humans, and thiers no accounting for taste. Even food has been used as a drug. Personally, I am a coffeeholic and drink it from sunup to bedtime. Having a beer is a two times a year thing for me. Will I beat on you guys who like a six-pack after work everyday? No. How about you guys that sit in front of computer chain smoking all day? You would tell a man he has no right to defend himself because he doesn't smoke the same cigarette as you? C'mon...

There is a deeper level of drug abuse with the more hard core drugs, but these people typically fall into the sub-culture themselves and destroy thier own lives. I fail to see the difference between beer drinkers and pot smokers. Except that the beer drinkers are more prone to start a fight than a guy who smoked a joint.
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