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Old 03-20-2010, 07:15 PM   #1
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Default Right forum??

Sorry for the double post but I think this was suppose to be posted here....





My son was 17 and while at school he was caught with a pocket knife. Normally no big deal (or at least it wasn't when I was in school....40 years ago), but is a major ordeal now-a-days after Columbine. He didn't brandish it or threaten anyone, he was just "in possession" of it. Well they arrested him. Jailed him. Placed a felony charge on him. Did I mention that this kid had never been in trouble or sent to the principles office for ANYTHING.
We contacted the parish (county in every other state) DA and he was placed in PTI (pre-trial intervention). In other words the judge told him to talk to the clerk who gave him the DA's phone number. They set up a meeting and he was told to pay $800.00 and all will "go away". Basically paying for freedom. No guilty or not guilty plea was offered. No story really even told. He was even told the sooner it was payed off the sooner it goes away.

So to my question. Can he buy a handgun? When he answers questions on the form for background check, won't he be disqualified because of arrest, jail, and felony charge? If he was to purchase from another party can't they both be in violation of law?

As far as I know the charges were dropped or expunged, isn't that the same as "never happened"?

Secondly...why does he have to be 21 to purchase from a FFL but only 18 to purchase from a private party? Does that make sense to anyone?

Thanks in advance for your help and expertise!!!
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Old 03-20-2010, 08:00 PM   #2
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IANAL but I'd get an official copy of his record so you know for sure the exact disposition of the case. Next, I'd find a state gun forum (I assume LA as you said parish) and look there for local info. Lastly, the law is the law...
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Old 03-20-2010, 08:17 PM   #3
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If charges are dropped,they can't be used against someone for buying a handgun,I had a dropped charge of violence that would have barred me from a gun if it were not dropped.And as far as a FFL making the age for a handgun 21,and your state making it 18,the state can do whatever they want to some extent,your state could say you only have to be 12 if they wanted to.He would have to buy a handgun through a private seller to purchase one at 18,but could not buy ammo for the gun though,because all the places that sell ammo are FFL,even Walmart.You would have to buy ammo for him.
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