Forums / Political & Legal / Criminal records?

4 years 8 weeks ago, 3:40 PM

CWYale

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Criminal records?

I have a little problem. Well, more of an annoyance. I want to be able to carry concealed, yet I have a felony record. I know, I know. Anyway, I was wondering what all you gun guys (and girls) think of the idea that a person should be forgiven of a criminal history? Especially if they have been in no legal trouble in a long time? (my case)
Please lend your thoughts.

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property...Horrid mischief would ensue were the law-abiding citizen deprived of the use of them."
4 years 8 weeks ago, 3:43 PM

clintlebo

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CWYale

Have you spoken to the proper authorities in your jurisdiction about getting your right to carry reinstated. It is possible depending on the laws agreed to by the public. That would be my second option.

clint

"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us." (Calvin & Hobbes)
4 years 2 weeks ago, 5:05 PM

Anonymous

Felons

CW is right, take it too the right people and right to the DEPTOAGR, and send all the proof and living clean and never give up. In 69 my brother had to go before a traffic court judge for throwing a jelly donut at an approaching police car, they the DA was there and called it assualt on police juradisdiction, no matter what the object was. Took his licence for 4 years and said Vietnam or prison. Vietnam it was and was driving with and Army licence even heavy equiptment. Came back and could not by a shotgun because he had a felony. So I bought for him. But they sold him hunting license after hunting licence. What did they think he was gonna atone them to death. Anyway had it overturned when sent a copy of service record and bronze starr and 3purple hearts with a recommendation from the same partie naturally as the president, at the time, A senator, and they granted expungement. I even think the local Mayor had to write a reccomendation too. Bureaucratic idiots ! JLC

4 years 2 weeks ago, 5:33 PM

jay sedler

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rediculous!

is throwing a donut at a cop a good smart way to express your anger?no,but assult?prison or nam?those are both extreme punishments for such a small thing.kinda like police dogs being treated as human...lets assume you are inocently walking in an area where they are hunting for a suspect and mistakenly send their dog after you,if you hurt or kill the dog you have just become a felon for doing nothing more than rightfuly defending yourself.WTF?even if you are guilty of a crime defending against a dog should not be assulting an oficer.my thought is if a human cop bit my arm to restrian me id have a good case of excessive force.so why can they use a dog with a much more danderous attitude and biger teeth do the same thing?

CRY HAVOC and let slip the dogs of war!
4 years 8 weeks ago, 3:44 PM

CharlesW

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We don't know the circumstances and that's
one law I don't think will ever be repealed.
Convicted Felons can't own guns.

A little rebellion is good medicine for the government Thomas Jefferson
4 years 8 weeks ago, 3:47 PM

Ishootdaily

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not forget to research the NCDLE ( North Carolina Department of Law Enforcement ) website...

There will be information on the steps to requesting a hearing to restore *all* of your rights...

No sir, he fell into that bullet... Never argue with a stupid person. They'll just drag you down to their level and beat you with experience!!
4 years 8 weeks ago, 3:48 PM

clintlebo

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CharlesW

Convicted felons can own guns if they follow the proper procedures. It all depends on jurisdiction and severity of crime, i.e. felony.
The same goes for voting.

clint

"Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us." (Calvin & Hobbes)
4 years 8 weeks ago, 3:52 PM

Ishootdaily

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There is almost always

an option open to the courts in a given situation. Including one returning civil rights to individuals with consideration to circumstances.

One of the Best and Worst things about our Legal System is it is Fluid...

No sir, he fell into that bullet... Never argue with a stupid person. They'll just drag you down to their level and beat you with experience!!
4 years 8 weeks ago, 6:21 PM

BtheKid1881

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CWYale

My idea on if they should be forgiven and be able to carry concealed. It really depends on what the crime was for. There are some crimes that are just unfogiveable. For those people I don't think they should be able to carry concealed. I personally think it is a case by case basis.

4 years 8 weeks ago, 11:49 AM

CWYale

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case by case

I so agree!

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property...Horrid mischief would ensue were the law-abiding citizen deprived of the use of them."
4 years 8 weeks ago, 6:31 PM

BluedSteelCharisma

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depends

I say if it wasn't a crime involving a firearm, or a real "violent" crime.....(not i hit my now ex wife once when i was black out drunk and she was trying to stab me ,and got arrested), then you should be able to own and carry one, in my opinion.

The evils of tyranny are rarely seen, but by he who resists it.
4 years 8 weeks ago, 7:51 PM

cbxjeff

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carry

Depending on the felony, you may make this work. Talk to a lawyer about having your conviction experged. (SP?) This will cost you, but if you carry (or in Indiana - even have in possession) you will be in big trouble.

It's too late for me, save yourself.
4 years 8 weeks ago, 9:01 PM

chainsawboy

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case by case

I too think it should be case by case. For violent crimes(murder, rape, etc) I don't think people should even be allowed to live let alone carry a gun. As far as non violent crimes go, it doesn't take a whole lot to constitute a felony, and the laws while written in black and white are open to individual interpretation. One judge's idea of a simple misdemeanor is another judge's felony. It happens far too often. But getting back to guns, if it was non violent, I don't see any reason to take away a man's right to defend himself.

4 years 8 weeks ago, 12:03 PM

CWYale

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More Info

Okay, it was a class 4 non-violent felony in Ohio. In Ohio, class 4 is the lowest level of felony. And, by Ohio law, it can only be expunged in Ohio. THAT is really not the issue.
The issue, more or less, is that, if a person is convicted of a felony that is PUNISHABLE by prison time(whether actually sentenced so or not), that person is no longer eligible for concealed carry.
I can OWN guns, even hunt legally in most states. I just cannot BUY them. And God forbid I have to defend my home with lethal force!
Ohio has some sense on the stand- your- ground issue but NC does not.
I do intend to seek expungement as soon as possible, and I agree that certain criminal acts should render the perpetrator ineligible. And that the re-instatement should be on a case-by-case basis.
The only problem I have now is, my friend and I would like to open a gun shop. Both of us are felons, so we cannot get an FFL. And even if we get our records expunged, the ATF can still access those records.
THAT is the main problem.

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property...Horrid mischief would ensue were the law-abiding citizen deprived of the use of them."
4 years 8 weeks ago, 12:09 PM

Ishootdaily

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if so, is/are it/they solid marriages?

Can't stop your wife/wives from owning squat...

No sir, he fell into that bullet... Never argue with a stupid person. They'll just drag you down to their level and beat you with experience!!
4 years 8 weeks ago, 12:11 PM

Reaper308

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CWY

A lot of people do some dumb stuff when they're young, I have done my fair share. Take yourself out of the equation and imagine you have a squeaky clean record... Do you really find it unreasonable to deny two felons the privilege to open a gun shop, especially when there are non-felons applying for those same permits?

"Proelium Comminus Auctoritate" "Sometimes the light at the end of the tunnel is a muzzle flash."
4 years 8 weeks ago, 10:08 AM

CWYale

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young and dumb...

So true! But, it has been a long time since either of us were in any kind of trouble at all. We both satisfied our sentence with no sanctions, and we are both divorced.
As to letting it go, my friend is already a certified gunsmith, and I am currently studying for it.
Also, we don't want to just sell guns. We want a range/ store/ repair shop combination. We both feel like this is the way we want to go.
Strange thing is, we both developed this idea separately, without discussing it until we both saw it as possible.

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property...Horrid mischief would ensue were the law-abiding citizen deprived of the use of them."
4 years 8 weeks ago, 12:21 PM

fixxer72

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Illinois as you all probably know has the FOID card (Firearm Owners Identification) . Biggest crock of bull you can ever come across. You have to apply to the State Police to get one which you must have to buy a gun or ammo. Any felonies in past means no FOID. Yea right then why are so many felons carrying? Only stops the non felons from buying.

4 years 8 weeks ago, 4:37 PM

TXLUCKYGUY

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felons and guns

I have the misfortune to deal with this daily, and many of the things held as felony offenses by fedgov and many states are ridiculous. Unfortunately, no one asked me......

ISD nailed it....a good lawyer, esp. one versed in fedgov gun laws and vetted in same is your best avenue. I've encountered folks who had gun rights reinstated, and it can be a long, expensive, tricky process. Well worth it in my opinion.

Be very careful to make doublesure that any expungement, reinstatement, etc. is verified through your lawyer and final before buying a gun. Once a 'problem' is entered into the NICS system, it can be difficult to dislodge.

Given the proclivity of BATFE to pounce on very fine/small violations, I would never own a gun shop. Sure I'd love to, but I don't think it'd be worth it.

4 years 8 weeks ago, 9:52 PM

HecklerKoch45

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Yea

Yea getting your rights to own/carry to be reinstated is one thing, but I think trying to start a business sellin guns is pushin it. I'd think you better let this one go. But like everyone else said, not every felony is the same. Im not sayin I dont think you are a good person or that you shouldnt be allowed to because I dont know who you are, but I will say i think it is pushin it because you are gonna have the BATFE on your ass, from day one, to the end of your gun selling career. I mean for somethin like havin a DUI or 2, they might not, but for somethin like drug possession, yea you might want to just try and think of a different business option.

~Sig Sauer 516 Patrol 5.56 NATO~HK45 .45 ACP~HK45c .45 ACP~HK P30L 9mm~HK P30 .40 S&W~W. German Sig Sauer P220 .45 ACP~Walther P22~
4 years 8 weeks ago, 9:57 PM

CharlesW

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Live in the wilderness, Republic of Texas, United States

Never ran into a situation where a fellon was allowed
to buy a gun. We always had to call BATF for a background
check.
Not saying it can't be done, just never seen it happen.
Best wishes with this

A little rebellion is good medicine for the government Thomas Jefferson
4 years 8 weeks ago, 10:07 PM

john kelley

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felicity , oh, United States

My dad hasn't been able to purchase weapons for quite some time I won't go into details but his charges where recently esponged

From time to time, the tree of liberty must be watered with the blood of tyrants and patriots. --Thomas Jefferson--
4 years 8 weeks ago, 1:22 PM

E

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Depends

everyone has made mistakes so it needs to be evaluated on a individual bases...

4 years 6 weeks ago, 2:59 PM

Dmann

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Good Luck Brother

In Texas even certain Misdemeanors are just as bad as having been in prison.(speaking from experience of course) Ive been trying for years to have this done and its a dead end road. Not to rain on your parade but te laws do vary from state to state, just hope your not in a RED state, if so you might be beating a dead horse. Do alot of research and then hire a lawyer to fight your case in court. Good luck and best wishes.

4 years 2 weeks ago, 4:34 PM

jay sedler

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the 2nd amendment

sad fact of life in modern america.if you have been busted for a felony you are basicly fucked in the gun department.the constitution says"a well regulated militia,being necessary to the security of a free state,the right of the people to keep and bear arms,shal not be infringed." it never says unless you are a fellon.when this country was founded we were all treasonous fellons in the eyes of the british.am i saying everyone should have them?NO!im just saying the constitution dosnt say that anyone cannot.my father is a fellon, convicted of a crime,based on testimony of a vindictive x- girlfriend and her daughter.that happened in the 80s aprox 30 yrs ago,never had a prior,and never had a subsequent conviction,but will never get his rights back.this makes no sense to me.i see this as another means of control the exercise over us but nobody argues the point because we all think if they are a fellon the must not need weapons right????in california it is really bad.you lose the right to firearms when you become a felon,but you also lose the right to other weapons that they dont mention,but do enforce,such as black powder weapons and other weapons with a trigger (not considered a firearm no background check required)bb and pellet guns including airsoft and probably dartguns because they have a trigger and fire a projectile.crossbows and any bow using a triger mechanism.all that being said,if you and your wife get in a fight once,and you are busted for domestic violenc should that bar your rights for all these things forever?dose the punishment fit the crime?i will end by saying if your crime is so severe that you canot be trusted to legaly have a weapon shouldnt you have been executed in the first place,and if your crime is not bad enough to warent a death sentance shouldnt you keep your rights,or atleast have them automaticly reinstated after a period of time?i belive so...good luck cwyale,im rootin for you!

CRY HAVOC and let slip the dogs of war!
4 years 2 weeks ago, 5:09 PM

Saint J.M. Browning

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My 2 cents

everybody effs up. I did myself and thankfully got it all out of my system before I was 18, so no record. If it's your first and only conviction, and you paid your debt, they should welcome you back to society and warn you to keep yourself straight. At the very least there should be a panel that weighs the particulars of your case and leans more on the side of returning your right.
But if someone comments multiple offenses, esp. when they abuse their right, then it's gone for good. That's where I think our legislative and justice system drop the ball a lot. Be understanding of first time offenders, but drop the hammer on repeat offenders. It seems it is mostly the reverse.

That's just my take on it.

"I don't think Hank done it this way" - Waylon
4 years 2 weeks ago, 5:22 PM

jay sedler

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there will always be a grey area where it gets a little cloudy on what to do,if you truly look at both sides of a situation,but out present law is always too grey or wat to black and white.why dose it matter if you were temporarily,perminatly or otherwise insane,or weather you did it clearheaded if you go out and murdered you should be killed.if you are caught on the scene or later convicted by a jurry you should be executed immediatly.no grey area over how or where you were raised.on the other hand if you are busted for dv or assult in many cases or drugs,you should get some of the "grey area"

CRY HAVOC and let slip the dogs of war!

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