Help with understanding gun law please.

[Guest GlockFD]

Well I will give you abit of back round first.

for the sake of keeping certain identies concealed. The person I am refering to is going to be named Bob.

Bob was convicted of a class E felony approximatly 10 years ago:eek: ( the particulars had to due with knowingly accepting a bad check) I believe the charge was conspieriacy (not sure about spelling?).

Bob was told he could not own a handgun:(. As a matter of fact he was told to leave a gun shop because he he had a felony:mad:. He was there asking about the facts of his felony and hand gun ownership:confused:.

anyway I have been researching this for Bob and this is what I have found and interpreted;

this comes from tennessee code, title 39 criminal offenses, chapter 17 offenses against public health, saftey and welfare, Part 13-weapons,

39-17-1307. unlawful carrying or possession of a weapon

( (1) a person commits an offense who possesses a handgun and:

(A)Has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon; or

(B)has been convicted of a felony drug offense.

So i dont think Bob falls in this catagory, Is there something I am missing? As far as I can understand Bob SHOULD NOT have any problems.

But he has had problems as mentioned before. My question is what would happen if he was to purchase a gun at a gun shop and it Does come back denied? When a backround check is done does it distinguish between different felonies?

I hope someone will be able to help, I know there are alot of you here with alot of knowledge about this.

And NO it is not me:D, I have to pass a federal backround check every two year since I am a firefighter at an airport, and I succsesfully purchased my glock here in memphis at guns and ammo.

so have at it guys:popcorn:

[strickj]

fallguy shoud be around shortly,lol

+ there are some shop owners here that can answer the question about the background checks distinguishing between felonies

[Guest GlockFD]

yea I a fairly new to the forum so I knew there were a few guys on here that would be able to help I just wasnt sure who.

[Guest canynracer]

Fallguy or The Rabbi can probably help with this...but just so you know....my father was convicted of a classE Felony for insurance fraud 25 yrs ago...he cannot own a gun...then again, he is in CA (but I believe it is a federal law)

[Guest canynracer]

ATF site says if the crime is punishable exceeding one year:

(B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition? [Back]

Yes, a person who –

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm.

Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]

http://www.atf.gov/firearms/faq/faq2.htm#b

now, it doesnt mean he had to SERVE one year...it means that the court could have charged him up to one year based on the crime...

just my thoughts

[Guest canynracer]

here is something else. look at question 1

http://www.williamslawonline.com/customfourpage.shtml

there are some gunlawyers on this site..

http://www.pafoa.org/forum/question-answer-40/4905-convicted-felon-owning-handgun.html

that answer the felony question...

[Guest GlockFD]

SOOOO..... After seven years it would be cleared depending on exactly the type of felony? I am not sure of the exact charge, I will have to ask for more details. Again if that is true is that goin to reflect on the backround checks? How far back does a backround check go?

[Guest GlockFD]

also soes anyone know what the lowest felony is i Tn.? and what the maximum punishable sentence for said felony is?

[Fallguy]

Well...I had a little bit longer of answer typed up, but due to some computer problems I lost it.

Basically I was saying canynracer found good info. I work with a guy who was convicted over 35 years ago of a felony and still can't get a gun or a HCP.

As it is says in the one link it is possible to get your rights restored, just very hard.

Here is a link to the FBI's NICS system that list prohibited peoples, like the link above.

Basically the problem in this case is Federal law, not TN law.

...and just where is The Rabbi? Haven't seen him post in a while.

[Guest GlockFD]

thats kinda what i figured, I knew there had to be a catch somewhere.

[Fallguy]

also soes anyone know what the lowest felony is i Tn.? and what the maximum punishable sentence for said felony is?

The website I use to look up TN code is having problems as well so I can't look up or quote the exact statute, but a Class E felony is the lowest punishable by a term of 1 - 6 years in prison, best I remember.

I didn't read word for word all in the links that canynracer posted, where was that about 7 years? AFAIK it is always on your record.

[Guest canynracer]

I dodnt see the 7yr thing either...like I said my dad got one 25yrs ago, still cant own a gun...matter of fact he spent several thousand dollars fighting it, he lost, and had to sell his guns (well, actually my mother took them all in the divorce )

[Guest GlockFD]

i have heard the samething, that it is always on you record. i just needed to clarify, and I think I got it. thanks.

[Guest 270win]

Expungement would probably be the solution to the felony if it is nonviolent in nature and he is willing to spend the money on a lawyer. I am not an expert, but would think once the felony is expunged, you can legally buy a handgun.

On a side note, TN law does not prohibit non violent felons from owning rifles or shotguns. The problem is federal law does and that is what keeps one from buying one from a dealer. TN law is less strict than federal law regarding felons and firearms. If he had a shotgun, he would have to be charged by the feds for possession crime because no law exists on the state statutes.

[Guest canynracer]

Expungement would probably be the solution to the felony if it is nonviolent in nature and he is willing to spend the money on a lawyer. I am not an expert, but would think once the felony is expunged, you can legally buy a handgun.

On a side note, TN law does not prohibit non violent felons from owning rifles or shotguns. The problem is federal law does and that is what keeps one from buying one from a dealer. TN law is less strict than federal law regarding felons and firearms. If he had a shotgun, he would have to be charged by the feds for possession crime because no law exists on the state statutes.

expunged or not...it will still show up

[Fallguy]

It's true that getting it expunged and then keeping it from showing up on a check are two different things.

According to the TICS website, nearly half of their denials are overturned on appeal.

Also from their FAQ page.

I previously tried to purchase a firearm and was denied. After I filed my appeal, the denial was overturned and I was allowed to get the firearm. Now I've tried to purchase another firearm and was denied again. What's going on?

If your previous denial was overturned, it became an approved transaction. Under existing state and federal law, TICS cannot retain any information about an approved transaction and so will not have any record about the overturn. Documentation submitted by the arresting agency or the clerk of court may have been sufficient for TICS to overturn the denial but not sufficient for TBI's Records and Identification Unit and/or the FBI's Criminal History Records Information Data Correction Unit to make permanent changes to their records. Submission of the proper forms by the arresting agency or clerk of court will result in your record being amended by the TBI and the FBI. Such documentation may be the R-84 Final Disposition Report Form or an official Order for Expunction. The above link for TBI's Records and Identification Unit will give you the information you need to clear up any problems with your criminal history record.

[Guest canynracer]

from uslawbooks.com: http://www.uslawbooks.com/books/state/tn.htm

EXPUNGEMENT, SEALING AND RECORDS MODICATION FOR THE STATE OF: TENNESSEE

Right to Inspect & Obtain Record: 40-15-106; 40-32-101; 40-35-313; 10-7-506, 507; Regs. 1395-1-1-.08(1)(k)

Purging Conviction Information: None (See 40-35-313()

Purging Non-conviction Information: 40-15-106; 40-32-101

Sealing Non-conviction Information: None Sealing Conviction Information: 23A-27-14 and 17

[Guest pws_smokeyjones]

I have to agree with Fallguy on this one. I know of someone that was convicted of a felony almost 30 years ago and he can't legally purchase a gun

[Guest canynracer]

we all agree with FallGuy...he is our hero

[Fallguy]

we all agree with FallGuy...he is our hero

You all are in bad shape for heros then....lol

[The Rabbi]

Off hand if Bob is a convicted felon he will not be able to buy a gun legally. It is possible to get one's rights restored. The process is long and difficult, as it should be.

He can attempt to buy one. That might be a crime in and of itself. I dont know. If he gets denied, he can appeal to TBI.

The answer is to call TBI and ask them since it is their decision.

Black powder, anyone?

[strickj]

fallguy is actually a hero.like superman,and batman,he has a secret identity by day,but when he gets the call,the superhero we know emerges,and comes to the rescue.

behold...superfallguy

[Fallguy]

What did I ever do to you strickj?

LOL

[Guest GlockFD]

thanks for everyones time on this matter.

[Mike.357]

expungement

I am awaiting an expungement to go through from my situation this last summer, I was told by my attorneys office that the expungement will only allow people seeking info on me to see that I had contact with the court. That contact may have been as a witness as far as a background searching person would know. Only if I was seeking a job or some such that required a top security clearance would access be allowed as to what the expungement was covering.

I specifically asked about future gun purchases and was told that I would be good to go. But that it was possible on the first future purchase I might be initially denied and then approved on appeal. And that appeal process would supposedly purge my information from TCIS and future purchases from that point on would be approved.

I hope that made sense. and that said, I will believe it when it happens.