How do i know if i have a right to own a firearm?

Badcompany · July 28, 2011, 04:35 AM

I have read over my state's laws, and i am still unclear as to whether or not i can own a firearm. I really would rather not endure the disappointment of being denied at the gun shop.

Who should i ask about this matter? Should i inquire at the courthouse or sherrifs office, or should i run a background check on myself? Where can i obtain a background check that would give me this information?

Why is it such a pain for a citizen to find out what he legally can and cannot do?

40caljustice · July 28, 2011, 05:52 AM

I went through the same thoughts when I bought my first gun. I made some bonehead moves younger but luckily I never got a felony. Felonies and domestic violence are big no no's. Open arrest warrants are also bad news. It might be a good idea to do a background check on yourself if your unsure.

Davey · July 28, 2011, 05:58 AM

Badcompany,
Any gun shop will have you fill out the ATF 4473 form. I can't imagine anyone not knowing how to answer any of the disqualifying questions.

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

Don P · July 28, 2011, 06:52 AM

Quote:

How do i know if i have a right to own a firearm?

--------------------------------------------------------------------------------

I have read over my state's laws, and i am still unclear as to whether or not i can own a firearm. I really would rather not endure the disappointment of being denied at the gun shop.

Who should i ask about this matter? Should i inquire at the courthouse or sherrifs office, or should i run a background check on myself? Where can i obtain a background check that would give me this information?

Why is it such a pain for a citizen to find out what he legally can and cannot do?

First, where do you live?
Second, it already sounds like you have doubts and know the answer to your question.
What is in your past that you are asking the question?

BlueTrain · July 28, 2011, 09:06 AM

How old are you?

**Spats McGee** · July 28, 2011, 09:19 AM

Badcompany,
Davey has provided a link to the 4473. I'd suggest downloading it and reading the questions. It's not too hard to determine what's going to be a disqualifier under federal law if you do so.

You'll still have to figure out your state laws, though.

357 Python · July 28, 2011, 10:31 AM

I addition to the good ideas here about the 4473 I would spend a small amount of money. Check with an attorney you trust. If you go to an FFL and are denied you may be visited by law enforcement thinking you were trying to purchase a firearm. This way you don't have to pay boat loads of money for a legal defense. Some jurisdictions are more uptight about this than others.

DCR · July 28, 2011, 10:41 AM

Case in point: Guy is arrested and charged with MCDV - domestic assault, or domestic battery. The charge is amended to something like disturbing the peace.

Feds now look at the disturbing the peace charge to determine whether it included any component of violence, whether there was a "victim," and whether the "victim" was a domestic partner.

If the answer is unclear, or they have time to dig further, they go back to the original charging documents, and have been documented to have sought and obtained police reports and 911 recordings.

If the Feds determine that a MCDV has occurred, even though the guy was not specifically convicted of "domestic assault" or "domestic battery," based on what they found, they deem him a prohibited person - and it's been upheld in federal court challenges to the practice.

So it really is difficult to tell whether someone is a prohibited person in some cases.

highvel · July 28, 2011, 11:09 AM

Unfortunately, now days all you have to do is **** a women off, any woman, and if she wants, she can concoct any story she wants without any witnesses, or proof of any kind, she can ruin your life!

40caljustice · July 28, 2011, 12:05 PM

Tell me about it. Especially those bipolar ones. Shooo!! I seem to have a bipolar magnet. Or every woman around here is a complete nut.

.

Ruger Man · August 1, 2011, 09:14 AM

If you live in Illinois, you have to get a FOID or Firearms Owners Identification Card. You get the applicaton from the Illinois State Police site. You know in about 45 days whether you qualify or not. Either you get the card or a denial.

cwok · August 1, 2011, 10:35 AM

If it is not illegal,
you have the right to do it.

But if it's illegal and you didn't know, you are in a hurt.
.

jonesh529 · August 1, 2011, 05:44 PM

would a DUI yrs ago affect this?

I have been arrested for one 3 yrs ago but the case was reduced to wreckless driving. I received a letter a few weeks ago that the DUI is being expunged but as of the other day it hasnt been done yet. I am a lil nervous about it.

BarryLee · August 8, 2011, 11:14 PM

Really the best way to proceed is to simply go to a local gun shop fill out the form and have them run the check. If you get approved great if not then you can consult an attorney.

Stressfire · August 10, 2011, 11:28 AM

Quote:

would a DUI yrs ago affect this?

Not in Ohio, at least.

But its really a federal concern as far as ownership goes, so if the FBI says you're ok, then you're ok.

oneounceload · August 10, 2011, 11:42 AM

OP hasn't been back in over a week - looks like a troll post

markj · August 10, 2011, 03:30 PM

Quote:

OP hasn't been back in over a week - looks like a troll post

or jailed trying to buy a gun

just kidding....

BarryLee · August 10, 2011, 06:29 PM

Quote:

or jailed trying to buy a gun just kidding....

Be nice...

Scorch · August 10, 2011, 07:34 PM

Hmmmm. The Founding Fathers said that you have an "inalienable right to keep and bear arms". And you want to know whether or not you have the right to own one? If you mean are you legally restricted from owning a firearm, there are a few easy questions (as far as the Federal Government is concerned, States may be a tad different), among which are:
- Are you a convicted felon?
- Have you been ajudicated mentally incompetent?
- Are you a habitual user of illegal drugs?
- Have you been discharged from the US Armed Forces under dishonorable or less than honorable conditions?
- Are you under a restraining order for Domestic Violence?
- Are you a resident of the State where the purchase will take place?
- Are you a US Citizen or a legal resident alien?

Answer those correctly, and you should be able to own a firearm. Unless the State you reside in says it's too dangerous.

Don P · August 11, 2011, 08:11 AM

Funny how the OP is dated 7/28/11 and has yet to respond to any replies.

Stressfire · August 11, 2011, 02:58 PM

Quote:

or jailed trying to buy a gun just kidding..

eh, possible, hope he wasn't asking due to a felony conviction of any kind, if so attempting to procure one would be another felony.

markj · August 11, 2011, 04:53 PM

Quote:

or jailed trying to buy a gun just kidding....

Be nice...

I was kidding, hopefully no one would try this if not a legal person.

When I was 21 all you did was go in pick it put fill out the shorter form than what we do today and leave with a new gun

but that was a long time ago.

Ideal Tool · August 12, 2011, 01:08 AM

The name of the OP probably says it all

MrX · August 21, 2011, 09:37 PM

I have a question about Form 4473. Question 11.i, Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See Instructions for Question 11.i.)

The instructions state, "if you didn't have a trial and didn't have a lawyer", then answer Question 11.i, "No"!

"I did not have a trial", "nor a lawyer", so I can honestly answer "No"!
I also have my expungement!
Would I be able to obtain a firearm, because I can answer "No" to that question?

oneounceload · August 22, 2011, 08:54 AM

Quote:

The name of the OP probably says it all

Or he has bad taste in old rock bands........

JUST KIDDING!

July 28, 2011, 04:35 AM	#1
Badcompany Junior Member Join Date: August 28, 2010 Posts: 14	How do i know if i have a right to own a firearm? I have read over my state's laws, and i am still unclear as to whether or not i can own a firearm. I really would rather not endure the disappointment of being denied at the gun shop. Who should i ask about this matter? Should i inquire at the courthouse or sherrifs office, or should i run a background check on myself? Where can i obtain a background check that would give me this information? Why is it such a pain for a citizen to find out what he legally can and cannot do?

July 28, 2011, 09:19 AM	#6
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,834	Badcompany, Davey has provided a link to the 4473. I'd suggest downloading it and reading the questions. It's not too hard to determine what's going to be a disqualifier under federal law if you do so. You'll still have to figure out your state laws, though. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

July 28, 2011, 10:41 AM	#8
DCR Senior Member Join Date: October 24, 1999 Location: Boise, ID Posts: 178	It's more of a gray area than most realize Case in point: Guy is arrested and charged with MCDV - domestic assault, or domestic battery. The charge is amended to something like disturbing the peace. Feds now look at the disturbing the peace charge to determine whether it included any component of violence, whether there was a "victim," and whether the "victim" was a domestic partner. If the answer is unclear, or they have time to dig further, they go back to the original charging documents, and have been documented to have sought and obtained police reports and 911 recordings. If the Feds determine that a MCDV has occurred, even though the guy was not specifically convicted of "domestic assault" or "domestic battery," based on what they found, they deem him a prohibited person - and it's been upheld in federal court challenges to the practice. So it really is difficult to tell whether someone is a prohibited person in some cases.

August 1, 2011, 10:35 AM	#12
cwok Senior Member Join Date: February 12, 2010 Posts: 316	Do I have the right to ... If it is not illegal, you have the right to do it. But if it's illegal and you didn't know, you are in a hurt. .

August 8, 2011, 11:14 PM	#14
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,960	Really the best way to proceed is to simply go to a local gun shop fill out the form and have them run the check. If you get approved great if not then you can consult an attorney. __________________ 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

July 28, 2011, 05:52 AM	#2
40caljustice Senior Member Join Date: March 10, 2011 Location: Chesterfield Va Posts: 199	I went through the same thoughts when I bought my first gun. I made some bonehead moves younger but luckily I never got a felony. Felonies and domestic violence are big no no's. Open arrest warrants are also bad news. It might be a good idea to do a background check on yourself if your unsure.

July 28, 2011, 05:58 AM	#3
Davey Senior Member Join Date: August 2, 2010 Location: Not far enough from Chicago Posts: 394	Badcompany, Any gun shop will have you fill out the ATF 4473 form. I can't imagine anyone not knowing how to answer any of the disqualifying questions. http://www.atf.gov/forms/download/atf-f-4473-1.pdf

July 28, 2011, 09:06 AM	#5
BlueTrain Senior Member Join Date: September 26, 2005 Location: Northern Virginia Posts: 6,141	How old are you?

July 28, 2011, 10:31 AM	#7
357 Python Senior Member Join Date: June 7, 2007 Location: Charlottesville, VA Posts: 941	I addition to the good ideas here about the 4473 I would spend a small amount of money. Check with an attorney you trust. If you go to an FFL and are denied you may be visited by law enforcement thinking you were trying to purchase a firearm. This way you don't have to pay boat loads of money for a legal defense. Some jurisdictions are more uptight about this than others.

July 28, 2011, 11:09 AM	#9
highvel Senior Member Join Date: January 21, 2010 Location: Powhatan VA Posts: 633	Unfortunately, now days all you have to do is **** a women off, any woman, and if she wants, she can concoct any story she wants without any witnesses, or proof of any kind, she can ruin your life!

July 28, 2011, 12:05 PM	#10
40caljustice Senior Member Join Date: March 10, 2011 Location: Chesterfield Va Posts: 199	Tell me about it. Especially those bipolar ones. Shooo!! I seem to have a bipolar magnet. Or every woman around here is a complete nut. .

August 1, 2011, 09:14 AM	#11
Ruger Man Member Join Date: June 9, 2011 Location: Illinois Posts: 18	If you live in Illinois, you have to get a FOID or Firearms Owners Identification Card. You get the applicaton from the Illinois State Police site. You know in about 45 days whether you qualify or not. Either you get the card or a denial.

August 1, 2011, 05:44 PM	#13
jonesh529 Member Join Date: June 6, 2011 Location: SC Posts: 69	would a DUI yrs ago affect this? I have been arrested for one 3 yrs ago but the case was reduced to wreckless driving. I received a letter a few weeks ago that the DUI is being expunged but as of the other day it hasnt been done yet. I am a lil nervous about it.

August 10, 2011, 11:42 AM	#16
oneounceload Junior member Join Date: April 18, 2008 Location: N. Central Florida Posts: 8,518	OP hasn't been back in over a week - looks like a troll post

August 10, 2011, 07:34 PM	#19
Scorch Senior Member Join Date: February 13, 2006 Location: Washington state Posts: 15,249	Hmmmm. The Founding Fathers said that you have an "inalienable right to keep and bear arms". And you want to know whether or not you have the right to own one? If you mean are you legally restricted from owning a firearm, there are a few easy questions (as far as the Federal Government is concerned, States may be a tad different), among which are: - Are you a convicted felon? - Have you been ajudicated mentally incompetent? - Are you a habitual user of illegal drugs? - Have you been discharged from the US Armed Forces under dishonorable or less than honorable conditions? - Are you under a restraining order for Domestic Violence? - Are you a resident of the State where the purchase will take place? - Are you a US Citizen or a legal resident alien? Answer those correctly, and you should be able to own a firearm. Unless the State you reside in says it's too dangerous. __________________ Never try to educate someone who resists knowledge at all costs. But what do I know? Summit Arms Services

August 11, 2011, 08:11 AM	#20
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,207	Funny how the OP is dated 7/28/11 and has yet to respond to any replies. __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

August 12, 2011, 01:08 AM	#23
Ideal Tool Junior member Join Date: October 6, 2010 Location: Michigan Posts: 1,080	The name of the OP probably says it all

August 21, 2011, 09:37 PM	#24
MrX Junior Member Join Date: July 23, 2011 Posts: 7	I have a question about Form 4473. Question 11.i, Have you ever been convicted in any court of a misdemeanor crime of domestic violence? (See Instructions for Question 11.i.) The instructions state, "if you didn't have a trial and didn't have a lawyer", then answer Question 11.i, "No"! "I did not have a trial", "nor a lawyer", so I can honestly answer "No"! I also have my expungement! Would I be able to obtain a firearm, because I can answer "No" to that question?

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