Not sure what to do.

Discussion in 'Legal and Activism' started by james mcintosh, Jun 11, 2020.

  1. james mcintosh

    james mcintosh New Member

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    Hello folks,I am unsure what to do.I want to buy a firearm but I have some M2 on my record that are 20+ years old.I like to have them removed and I am unsure what to do.
     
  2. Gatoragn

    Gatoragn Well-Known Member Supporter

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    Talk to an attorney in your state to see what your options are.
     

  3. Sniper03

    Sniper03 Supporting Member Supporter

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    James
    I completely agree with Gator. Although I have to claim ignorance! What is an M-2?

    03
     
  4. Gatoragn

    Gatoragn Well-Known Member Supporter

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    I surmise that to be Misdemeanor - 2nd degree.
     
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  5. 7.62 Man

    7.62 Man Well-Known Member

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    It would depend on what state you are in & what laws they have. As far as federal you have to be a felon to stop you from even filling out the paperwork much less owning a firearm.
    If it were me I would contact a lawyer in your area just to be safe.
     
  6. Nmwabbit

    Nmwabbit Well-Known Member

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    welcome, as gator advised, seek legal criminal counsel in your area, but as a point, if you feel comfortable, might you provide background such as state, e.g., live in same state or different state as your M2s; convicted or slap on the wrist; overview of offenses; (uh definition of "some" M2); definition of "firearm" (handgun, rifle, shotgun) you wish to purchase...to provide an non attorney conversation out here!
     
  7. W.T. Sherman

    W.T. Sherman Well-Known Member

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    welcome to the board James. :)


    best advice you'll ever get, get legal counsel
     
  8. Mercator

    Mercator Well-Known Member

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    The federal background check form specifically asks about felony convictions. Read form 4473 and see if it applies to your situation to begin with. Then start by calling the ATF, they will tell you where you stand.
     
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  9. Nmwabbit

    Nmwabbit Well-Known Member

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    alas, since there is no clarity on the OP's M2 offenses per se.; as well as what, if any, punishment the OP's judicial system imposed; and w/o a State to reference their statutory guidance it is difficult to put out any commentary regarding if the Federal guidelines are pertinent!

    further, federally, some citizens might not be considered prohibited but rather State statutory mandates might!
     
  10. Nmwabbit

    Nmwabbit Well-Known Member

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    usc 922.(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person-

    (9) has been convicted in any court of a misdemeanor crime of domestic violence.

    and M2 means what from the OP's post?
     
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  11. W.T. Sherman

    W.T. Sherman Well-Known Member

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    the way it reads....convicted or ANY CRIME where a judge can impose a sentence of 1 year or more even if he gave you a shorter sentence

    just about any 2nd degree misdemeanor conviction carries a 1 year or more sentence on the books, but that varies state to state and crime to crime

    yeah, best to seek legal counsel where you stand, you might get it expunge, set aside or a pardon.
     
    Last edited: Jun 11, 2020
  12. Nmwabbit

    Nmwabbit Well-Known Member

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    hummm, PA statutory offenses...
    Class 2 or B: Fines up to $1,000, and/or up to six months in jail;

    Ohio > up to to 90 days...

    GA > six months

    IN > +/- 180 days
     
  13. freefall

    freefall Well-Known Member

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    Gee, I know nothing, but let me gas on for a few paragraphs.
     
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  14. kfox75

    kfox75 Well-Known Member Supporter

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    There are exemptions to that Sherman. They are listed in the information section of the 4473, and list a whole slew of things.

    https://www.atf.gov/firearms/docs/4...n-record-over-counter-atf-form-53009/download

    Stater level misdemeanors, are generally exempt, as are certain federal felonies. Third page, right side, three paragraphs worth of reading material, that clearly states this, and also applies to those under indictment for such misdemeanors. Which applies to both 11b, and 11c.

    Proof of concept, I answered yes to the indictment question, on a 4473, and the PA form for handgun transfer today, and guess what. Passed the PICS\NICS check, in under 2 minutes, and left with a nice little 3.5 inch Heritage Rough Rider combo, white pearl bird's head grip. I didn't even have the forms fully filled out yet, and was honest with the clerk. Zero issues.

    State law is where you see the variation here, as a class 1 misdemeanor, like agravated assault, rather than an M2 of simple assault, the outcome would be a denial.

    NY, the outcome might have been different. Pre Unsafe Act, your Permit was your NICS check. Not anymore. I have a friend who had an outstanding misdemeanor from when he lived in FL, 30 YEARS earlier, who never had any issues buying pistols, and adding them to his and his wife's, permits. The day he went to buy a 10/22 for his daughter, Denied. He had to take a couple weeks off from work, drive down there, go to court, and straighten it out. No problems after that, as that was the only thing on his record.

    Now, with mandatory NICS checks, it would have been found, and rectified, sooner. That one was a class one, from a drunken night, long forgotten. Plea bargain, fine paid, all was good again.

    What we don't see in the OP is, what state he lives in. that information matters.
     
  15. Nmwabbit

    Nmwabbit Well-Known Member

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    A drive by poster...
     
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