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-   -   Some legal questions? (http://www.firearmstalk.com/forums/f17/some-legal-questions-83951/)

tattooartist 02-11-2013 02:22 PM

Some legal questions?
 
Hello my name is Shane, I'm a 34 year old tattooer from the northshore. I have wanted to get my license to carry concealed or otherwise for sometime now. A lot of people have told me I wouldn't be able to get a gun permit at all because of my past. Here is my question. I have been arrested but never as an adult, never for a violent crime, and I was never convicted of any crimes, also as a minor I was committed by the police into a hospital. Which brings up my mental health history. These things happened over 15 years ago on some stupid typical teenager shenanigans. I was wondering if there was a way to fight for my right to protect myself and my family? If any of this would really be a problem at all? And what steps I should take first? I live in a bad neighborhood in a well knwith tuff city with my wife and two young boys, and work in a cash business until late at night, and would feel much better knowing my family and myself where protected. Any advice, suggestions, and knowledge would be appreciated and helpful.
Sincerely Shane kamerik
Imsoawkward.com

vincent 02-11-2013 02:31 PM

Not sure if this will help but you can start here...:cool:

Click on your state...

http://www.handgunlaw.us/

May not be a bad idea to talk to a lawyer that specializes in firearms laws as well...

tattooartist 02-11-2013 02:40 PM

Thanks, it is a start. For the record I'm in mass, and thought this was a massachussetts forum. Sorry about that.

vincent 02-11-2013 02:45 PM

No worries, kinda figured you were when you said Northshore...(I'm from Ma. too...)

We have state forums here too...

http://www.firearmstalk.com/forums/f134/

c3shooter 02-11-2013 03:25 PM

Shane, I moved your thread over to concealed carry category.

ReF: North Shore- sorry, I'm from Virginia- we have an Eastern Shore!

Back to your question- Mass is a tough state. Period. Cannot speak to State law there with any knowledge, but let's talk FEDERAL law, which can be stricter than State law.

IF you were adjudged (root word there is JUDGE) mentally incompetent, and were involuntarily committed to a medical facility for psych TREATMENT, that is a disqualifier. Re: Criminal- while generally a juvenile's criminal record stays behind when he becomes an adult, a juvenile found "not innocent" of an offense that would be a felony IF committed by an adult- disqualfier.

In any event, you are going to need an attorney- to check qualification, and if needed, to petition for restoration of rights. Needs to be a member of the Mass. Bar.

If you want your thread moved over to Mass forum, just drop me a private message, and I can shift it for you- but thought this might be more productive.

In the meantime, look at what other defensive items you CAN use/ carry. Hint- maglite flashlights are very durable.

GeneralPatton 02-11-2013 04:19 PM

Now, I'm by no means a legal expert nor do I offer any legal advice. But, given all you posted, and this may be way wrong, why not just apply and see what happens. IF they come back on you you can always say you thought it was a sealed matter from your juvenile days. What's the worst that can happen? They say no and if you want to fight that decision you retain an attorney. Of course, I don't know you, and this is assuming you aren't a mental case today (no offense, of course). Go read an ATF form 4473. The 15 or so questions on that form determine eligibility.

phildenton 02-12-2013 02:43 AM

Id listen to c3. Get a 2a lawyer. Lying or omitting info on an app will land you behind bars.

GeneralPatton 02-12-2013 02:44 AM

Quote:

Originally Posted by phildenton (Post 1134157)
Id listen to c3. Get a 2a lawyer. Lying or omitting info on an app will land you behind bars.

Woah now hoss. I didn't say lie or omit, I said just fill it out and see what happens. You wouldn't make it past the background check if you didn't qualify, so lying would do no good anyway.

Axxe55 02-12-2013 02:49 AM

C3 is correct. the best place to start is with an attorney. he can get any all his records and if they could be disqualifiers, then the attorney can petition the court for an expungement of the record. IIRC, this is the only legal way with the exception of a pardon, which has to come from the governor of that state of getting his record cleaned up and legally able to own a firearm.

OP, get an attorney and let him handle it.

Axxe55 02-12-2013 02:51 AM

Quote:

Originally Posted by GeneralPatton (Post 1134160)
Woah now hoss. I didn't say lie or omit, I said just fill it out and see what happens. You wouldn't make it past the background check if you didn't qualify, so lying would do no good anyway.

if you answer yes to any of those questions that require a truthful no answer, then the FFL dealer is not even going to do a background check. it would already be disqualified.


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