The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Closed Thread
 
Thread Tools Search this Thread
Old August 7, 2016, 10:17 PM   #1
Dr Bob
Junior Member
 
Join Date: August 7, 2016
Posts: 3
Drug addict and gun laws

My son was an addict years ago but went to recovery and has been clean and sober without even a traffic ticket for at least 6 years. He tried to buy a gun from a local gun shop and was denied. How long does he have to be clean and sober before he can own a gun?
Dr Bob is offline  
Old August 7, 2016, 10:34 PM   #2
rwilson452
Senior Member
 
Join Date: June 10, 2004
Location: Tioga co. PA
Posts: 2,620
Was he convicted? involuntarily committed? If so, the answer is maybe never.

You need professional legal help to get a good answer.

That ain't me.
__________________
USNRET '61-'81
rwilson452 is offline  
Old August 7, 2016, 10:54 PM   #3
Dr Bob
Junior Member
 
Join Date: August 7, 2016
Posts: 3
I can't remember all the particulars. He never went to jail or anything. Was convicted of driving under the influence and possession of drug paraphernalia. He went to rehab on his own.
Dr Bob is offline  
Old August 7, 2016, 11:09 PM   #4
FrankenMauser
Senior Member
 
Join Date: August 25, 2008
Location: Potatoes and Hops
Posts: 11,583
Contact a lawyer.
__________________
Don't even try it. It's even worse than the internet would lead you to believe.
FrankenMauser is online now  
Old August 8, 2016, 12:39 AM   #5
Old Bill Dibble
Senior Member
 
Join Date: July 25, 2016
Posts: 802
Federal Law says:

Quote:
18 U.S.C. § 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun. The only felonies that are not covered by the federal gun ban are 1) those "pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices," per 18 U.S.C. § 921(a)(20)(A); and 2) felony convictions from foreign countries
If it is a felony you can stop now he can not legally possess a gun.

If the possession charge was a misdemeanor then it goes to state laws. I don't know what your state is so you need to contact an attorney locally.

Some states also restrict possession for known drug addicts and alcoholics. A lot of times this is at the local level.
Old Bill Dibble is offline  
Old August 8, 2016, 02:31 AM   #6
rwilson452
Senior Member
 
Join Date: June 10, 2004
Location: Tioga co. PA
Posts: 2,620
It's not how much time he did, it's what the max time he could have got. but if it was a felony drug bust and was convicted. He is SOL. He would need a pardon.
__________________
USNRET '61-'81
rwilson452 is offline  
Old August 8, 2016, 06:59 AM   #7
jrod1305
Junior Member
 
Join Date: August 3, 2016
Posts: 2
Delayed

I am on delay, could a positive urinalysis at meps be the reason?
jrod1305 is offline  
Old August 8, 2016, 07:05 AM   #8
Bartholomew Roberts
Senior Member
 
Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 7,836
Dr. Bob, you can pay a lawyer who can give you a precise answer and is ethically bound to keep all you tell him confidential or you can share with tge entire world a lot more details than you have ao far (exact criminal/mental disposition, states involved, etc.) and you can get an answer that is probably close enough for free. Your call.

Under the scenario you describe (went to rehab voluntarily, no convictions besides DWI), he is not a prohibited person under federal law - unless there is some information missing.
Bartholomew Roberts is offline  
Old August 8, 2016, 10:40 AM   #9
Evan Thomas
Staff
 
Join Date: July 7, 2008
Location: Upper midwest
Posts: 5,586
Dr. Bob, your son does need to contact a lawyer about this. We can't give you legal advice, and it not the best idea to post information about someone's legal problems in a public forum.

Wishing you all the best... closed.
__________________
Never let anything mechanical know you're in a hurry.
Evan Thomas is offline  
Closed Thread

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 11:57 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2018 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.05330 seconds with 8 queries