Virginia resident here that is considering purchasing my first gun ever. I was trying to see when the next local gun show is coming and ran across a news article that made me nervous. The article was about how State police were arresting people at gun shows that failed their background, and charging them with Attempt to Illegally purchase firearms.
Can that be right??? I volunteer to be checked to ensure that I can legally purchase, and then be arrested if something comes up that I'm not aware of? Example: In the past I was charged with felony possession (drug), but found not guilty after successful completion of a drug program. Also, as a very young adult I was found guilty of misdemeanor possession with intent to distribute (pot). Would either of these preclude me from gun ownership? Can I be arrested for trying? I believe I'm ok considering that I was approved for a passport and international travel since both of these incidents.
you should be fine as long as you're not a felon. failing a background check isn't grounds for arrest. there are false positives all the time, it would be insane if those people were arrested every time they failed.
Austin Martinez
Technically you could argue that you sold drugs not used them. I think the question asks about use
Austin Brown
You should contact a lawyer, or even least contact your local PD, not ask a bunch of retards that make up 4chin.
That arrest would be bullshit, unless you acknowledged that you knew you were a prohibited person, and even then that's a stretch. But, you're fine. You were acquitted of the felony, so it doesn't matter, and the only misdemeanor that matters is DV
Jace Bailey
I had the first legal issue you mentioned and when I was younger and it hasn’t been a problem at all. As for the poss/intent misdemeanor I’m not sure, though like you said if you could get a passport you’re probably good to go. I think the gun show arrests were attempts to catch the serial straw-purchasers not just anyone who failed. If you want to avoid that go to a real gunstore. I had one fail because of some seriously overdue traffic ticket and they were just like “ sorry friendo, go see what that’s all about”
Liam Hernandez
I dont know, why dont you try looking it up or contacting your local police to verify? Cops can arrest and charge you for damn near anything, knowing full well that even if it doesnt stick and gets shot down in court, it's no skin off their back whatsoever. It's of no inconvenience to them, and they'll face no repercussions. Innocent until proven guilty really means "innocent until a cop feels otherwise, now you must fight to maintain your innocence and to persuade the jury while probably having to endure some of the punishment regardless if you're guilty or not." A common example would be a DUI - 99% of the time you will have to undergo license suspension before your charge is even filed with the courts, subjecting you to the punishment of being found guilty months before your trial. If you're found innocent, as most are, it's nothing but shoulders from the court as to why you were treated as guilty until that moment.
Jayden Collins
No. Over 90% of denials are false positives. Your FFL should be able to help you with an appeal.
That would probably happen to someone if they had a legit warrant out for their arrest. They just care about use and domestic disputes. Besides, I would hate to be the company that rats out a potential customer to the police. That could be very bad for business
Anthony Sanders
Sounds wrong to me. IIRC they don't issue a "denial" if you don't pass, they issue a "non-approval" which can be appealed. If they arrested anyone who didn't pass they'd be arresting anyone who shared a name with a felon and didn't put their SSN on the 4473
Lincoln Nguyen
>Also, as a very young adult I was found guilty of misdemeanor possession with intent to distribute (pot). Learn to read you stupid fuck. One charge dropped but OP is still considered a weed selling faggot by the state, he was found guilty of that when he was a adult. As one Virginia fag to another, you're fucked OP. Not fucked as in you're getting arrested for trying, I mean your rights are just stripped away and you can't get shit. You can challenge the case and show that you've done nothing bad (Hopefully) since that time of being a degenerate, you might get your case tossed out and rights restored. It's hard to just tell you a yes or no with out knowing every thing.
Lucas Gonzalez
You're fine and don't even have to worry about even failing and preventing a gun purchase.
I have heard from someone who works at a gun shop of instances where the police do come and arrest someone trying to buy a gun. This only happens to retards who are considered fugitives and/or have warrants out for them and are stupidly trying to purchase a gun legally.
Matthew Anderson
>charging them with Attempt to Illegally purchase firearms They aren't though. They are trying legally and failing. Attempting to purchase illegally would be not following the law.
Brayden Sanders
Some police will fail background checks because of your driving record. So no. >anyone who tells you to lawyer up for a serious situation are just pussies Yeah have fun representing yourself against a legal team I'm sure that will go swimmingly, just like everybody else that decided to self represent for their 2A case, right?
Gabriel Stewart
Hey dumb fuck, he was found guilty of a misdemeanor, not a felony. The only misdemeanor that matters on a 4473 is a DV one. That's it. It doesn't matter that he was found guilty possession with intent. You clearly don't understand what a 4473 covers
Gabriel Young
You'll literally just be denied so long as you answered truthfully.
Brandon Bell
I do not have 4 chins! My mom says I'm beautiful inside.
The point wasnt to lawyer up over the possibility that you may go to court - the point was to lawyer up if you have been falsely charged with a nonexistent crime and will be going to trial over it. Why the fuck would it be the former? Try pulling your head out your ass sometime.
Dominic Hughes
>paying the legal jew on the suspicion that you may have possible violated the legal jew's code at some point in time.
Go get your pedicure done, Karen. Your husband will be back from base soon.
>acquiring legal counsel to maintain your innocence when charged with an offense makes you a cuck Yeah you're hard pressed to maintain that argument. But why dont you go ahead and try - I mean obviously only a person well versed enough in their local and federal laws that could aptly defend themselves in court without any official representation would make that argument, right? Surely it wouldnt be some dude from Jow Forums that's bitter about being proved wrong. That would be outrageous
Ian Cooper
Name a single case where waiving the right to a lawyer benefitted the defendant
Adrian Edwards
OP isn't going to court, you idiots.
Andrew Martin
>I cant read, the post
Grayson Robinson
Yeah
Angel Russell
My friend had a felony drug conviction but got it expunged after probation and he owns an AK and votes.
Eli Allen
>put their SSN on the 4473 On this note, if you have a common name, put your SSN on the 4473. The gun store is not going to steal it. I have an uncommon sur name, but there are enough people in America with it that I still just put my SSN on my 4473s just in case one of my long lost kin that shares a name with me was a jackass. Even with my uncommon name, I know of at least one dude, my age, who has my name.
Jace Parker
You CAN be charged for attempting to purchase a gun when you know you cannot. You will not get arrested for failing a background though. What you get arrested for is falsifying federal paperwork. One of the questions on the paperwork ask if you have been convicted of a felony and if you have and you know you have and you still answer "No" then you have falsified federal paperwork and THAT is why you may get arrested. OP however was never convicted of a felony so if it comes back denied then there was likely someone with a similar name or something like that and you can not get in trouble for that. We had someone come to my store/range and attempt that and the FBI charged him with, among other things, falsifying federal paperwork. But even if you were not sure and you still answered "No", intent and malice matter so likely nothing will ever happen.
Jacob Cruz
I got turned down once for a false positive. My FFL gave me a phone number to call, and the person I talked to told me to try again, but make sure to put my SSN on the 4473 this time. I did, and passed just fine that time. No cops involved.
Landon Nelson
>Have sex. Bend over.
Sebastian Richardson
>are you Present tense. Whether you used or dealt in the distant past is immaterial, only a recent conviction (past six months or a year IIRC) is taken as proof you're a current user.
