so, i was denied. the statut says a conviction of over 365 days. now, there is add on verbiage that i can find no where else except the denial that says length of potential charge, not only conviction. so, with this, even a dui would prohibit gun ownership since they always double ‘charge’ with dui and over bac. is this actual legal and who knows someone who can help me dispute in in northern indiana? i have reached out to a few lawyers and no one will respond. here is the actual verbiage, which i think is a direct contradiction of itself
Title 18, United States Code (U.S.C.), sections 921(a)(20) and 922(g)(1): “A person who has
been convicted in any court of a crime punishable by imprisonment for a term exceeding one
year or any state offense classified by the state as a misdemeanor and is punishable by a term of
imprisonment of more than two years.” Please note that it does not matter whether the sentence
of more than one or two years was actually ordered or served; the prohibitor is based upon the
maximum sentence that could have been imposed upon the individual by the court. In addition,
some convictions which may have been “sealed” or “expunged” for certain purposes still qualify
as 18 U.S.C. §922(g)(1) prohibitors.
How can it be said conviction in the actual statue, then below says the statute doesn’t matter and we are using other criteria instead?
A lawyer direction or route of some sort would be much appreciated.
btw - this particular one is actually from 1986 with not a single thing after .I even got my personal fbi file.
It’s not contradicting, it’s stating that if you were convicted and the max possible sentence is 1 or 2 years, or more, even if you were ordered to serve only 6 months or no time the prohibition still stands. I.e., doesn’t matter if you had to serve time or not, what matters is the conviction. At least that’s how I interpret that language.
Sounds like it. 3 previous purchases before they squelched him.
This part of the “legalese” seems like an afterthought that was added in by someone:
Please note that it does not matter whether the sentence
of more than one or two years was actually ordered or served; the prohibitor is based upon the
maximum sentence that could have been imposed upon the individual by the court. In addition,
some convictions which may have been “sealed” or “expunged” for certain purposes still qualify
And I thought “expunged” meant the record was deleted. (Eliminated completely)
I’m not a lawyer or a judge or anything, but, I have some background there, and I have come to understand that a criminal offense brought against you in the courts pretty much never gets eliminated completely from all records, regardless of what you may be told
But officially I’m just a random nobody lay person so take that for what it’s worth
so then a simple dui would also remove the ability to purchase. since they always double charge. funny thing, i have a lifetime state carry, have had that for 7 years now
funny part is everywhere i look for the statue, it never covers the 2nd part, ever. even on the fbi site, only on the returned form. it is fine, i found a lawyer to ‘professionally’ look over this bs. 35 freaking years ago
If conviction was a misdemeanor then it sounds like you were incorrectly denied as that says two years and the max for the class a misdemeanor is 365 days.