[KiL3MaNjAr0W]

Hi all,

Thanks for checking out this post, I'm hoping to get a bit of clarification on what can be a disqualifier in purchasing a firearm. I have seen the list of reasons an individual may be denied. My specific question is related to the "domestic violence" disqualifier.

In 2015 I got into an altercation (physical) with two of my (then) minor cousins. I was hit in the face repeatedly by one of the cousins and defended myself, the other joined in defense of his brother. After that incident I had to attend court and was mandated to complete an anger management course. After I completed that course the charges of domestic battery were dismissed. Also at that time I was NOT ordered to turn over any firearms I own.

Currently, I am looking to purchase a new firearm with the questionable political climate in the United States and this section is the one that bothers me. I have looked on multiple sites and have received the same answer. As well as from my local judicial center and FFLs... If a case is dismissed, it is a conviction and I "should" be fine.

Additionally, I was told I could speak to the Sheriffs department (whose main office was closed when I went yesterday) and receive a U-PIN (essentially a pin number for the 4473) and that would also help me getting through the background check with no denial. I have also requested these charges be expunged form the record; however, this process takes 2-6mths and I would really like to complete my purchases before January at the latest (hopefully before November).

So, my questions is, does anyone know or have experience with this? I know the form specifically states "convictions" but will the charges themselves prompt a failure or delay even if they have been dismissed?

Lastly, I do live in West Virginia if that is of any importance.

Thank you for any insight given.

 

[Coalcracker]

 

[Speed]

My standard advice for these types of questions...

• Do not get legal advice from the internet... Its worth what you paid for it.
• Its unlawful to answer questions on a 4473 dishonestly.
• Lastly, buy the ticket, take the ride. (fill it out truthfully and see what happens)

Welcome to NGF and good luck.

 

[Mad Scientist]

From form 4473 ......

21.i. Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?

Question 21.i. Misdemeanor Crime of Domestic Violence: A Federal, including a general court-martial, State, local, or tribal offense that is a misdemeanor under Federal, State, or tribal law and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with, or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. The term includes all misdemeanors that have as an element the use or attempted use of physical force or the threatened use of a deadly weapon (e.g., assault and battery), if the offense is committed by one of the defined parties. (See Exception to 21.b. - 21.l.) A person who has been convicted of a misdemeanor crime of domestic violence also is not prohibited unless: (1) the person was represented by a lawyer or gave up the right to a lawyer; or (2) if the person was entitled to a jury, was tried by a jury, or gave up the right to a jury trial. Persons subject to this exception should answer “no” to 21.i.

 

[Speed]

^^^ I literally have that copied to paste ^^^

 

[Square target]

This reminds me. I was at my LGS yesterday and they told me the 4473 forms will be changing in the next month or two. it's going to be front and back on the form now and the questions have been rearranged( to cause confusion maybe to the ones who can fill them out by heart?) Also there is going to be a new question or two added but i forgot what they might be.

 

[Speed]

After I completed that course the charges of domestic battery were dismissed

Based on what you stated and in my "not legal advice cause I'm not a lawyer" opinion you would answer 21.i "No"

 

[KiL3MaNjAr0W]

Based on what you stated and in my "not legal advice cause I'm not a lawyer" opinion you would answer 21.i "No"

Thank you! I have asked two FFLs and just today a buddy of mine who is a LEO (Sheriff deputy) and they all advised the same thing. I wasn't really looking for "legal" advice persay but more of what the general consensus may be from those more accustomed to using this form and how it works. No one has been able to give a straight yes or now answer on this, including the Magistrate and Circuit clerks at the judicial center so I figured I'd ask the audience lol. Thank you all for your time and responses.

 

[Yosemite Sam]

From personal experience, the "dismissed" part might not show up in the check, just the bad stuff. Good luck.

 

[Wag]

It's not really legal advice, it's just English language. A definition of words. Dismissed means, "not convicted."

Obviously, the legal environment attempts to redefine terms all the time, however, just read it carefully and make sure you answer the question on the form and not some other question you thought they meant.

--Wag-

 

[jrbfishn]

Go to the county court records office and ask for a disposition report. It may cost $10 or so. Money well spent. It will tell you if you have a conviction and what it is for. If you don't understand the report, take it to an attorney. They can tell you exactly what it means.
But every where I know of, a dismissal is not a conviction.

Sent from my SM-G892A using Tapatalk

 

[Stamps6]

A friend of mine is a bit concerned. He filed for a pistol purchase permit and received one last year. He filed fir another one this year and during the local police background check, they called and wanted to let him know that it would be delayed because of some past charges. When he was 18, he was caught drinking on the beach and had to pay a fine. Then when he was in college, his freshman year he got an underage drinking ticket. Then in his Junior year of college he got a urinating in public ticket ticket. 2am behind a dumpster in a parking lot. Now he is 31 years old. Has no drinking tickets or DWI or any other charges. The Cop investor said he has to do more checking because he feels that this guy has a drinking problem. He doesn’t. He had a stupid kid problem but he’s grown up now. He has a very good job making 6 figures and is well respected in the community. They may delay or deny his purchase permit.

 

[Peace Warrior]

For giggles and laughs one time I chose NOT to write in my social security number. Even with a CCP, I was turned down. Once the dealer and I added my SS# to the form (the second time through), it came back approved in less than 5 minutes.

My advice to the OP is to add your SS#.

 

[olderthandirt]

Hi all,

Thanks for checking out this post, I'm hoping to get a bit of clarification on what can be a disqualifier in purchasing a firearm. I have seen the list of reasons an individual may be denied. My specific question is related to the "domestic violence" disqualifier.

In 2015 I got into an altercation (physical) with two of my (then) minor cousins. I was hit in the face repeatedly by one of the cousins and defended myself, the other joined in defense of his brother. After that incident I had to attend court and was mandated to complete an anger management course. After I completed that course the charges of domestic battery were dismissed. Also at that time I was NOT ordered to turn over any firearms I own.

Currently, I am looking to purchase a new firearm with the questionable political climate in the United States and this section is the one that bothers me. I have looked on multiple sites and have received the same answer. As well as from my local judicial center and FFLs... If a case is dismissed, it is a conviction and I "should" be fine.

Additionally, I was told I could speak to the Sheriffs department (whose main office was closed when I went yesterday) and receive a U-PIN (essentially a pin number for the 4473) and that would also help me getting through the background check with no denial. I have also requested these charges be expunged form the record; however, this process takes 2-6mths and I would really like to complete my purchases before January at the latest (hopefully before November).

So, my questions is, does anyone know or have experience with this? I know the form specifically states "convictions" but will the charges themselves prompt a failure or delay even if they have been dismissed?

Lastly, I do live in West Virginia if that is of any importance.

Thank you for any insight given.

The answer is no! But as others have said it "might" help if you include your ss#. This response comes from experiance

 

[Philmo11]

A friend of mine is a bit concerned. He filed for a pistol purchase permit and received one last year. He filed fir another one this year and during the local police background check, they called and wanted to let him know that it would be delayed because of some past charges. When he was 18, he was caught drinking on the beach and had to pay a fine. Then when he was in college, his freshman year he got an underage drinking ticket. Then in his Junior year of college he got a urinating in public ticket ticket. 2am behind a dumpster in a parking lot. Now he is 31 years old. Has no drinking tickets or DWI or any other charges. The Cop investor said he has to do more checking because he feels that this guy has a drinking problem. He doesn’t. He had a stupid kid problem but he’s grown up now. He has a very good job making 6 figures and is well respected in the community. They may delay or deny his purchase permit.

What communist country does your friend live? None of that is a federal disqualifier. This is some of that local SHALL issue crap drudged up to make you think your 2A is a privilege not a right.

 

[Stamps6]

This is a blue state, democRat utopia in the near future. Sanctuary state, Medicare for all, turn in your guns, you’re not paying your fair share, future of America if dementia Joe wins. It’s our crap hole but it could be your future.

 

[Philmo11]

I get it, I’m in Illinois

 

[Peace Warrior]

...future of America if dementia Joe wins. ...

IMHO, Obama did not really pick Biden back in 2008, and Biden did not really pick Harris here in 2020. The powers that be made the pick for both of them.

All that aside, do you think the Harris pick was done "knowing" Joe was not going to make it the full four years?

No, I am not saying he will die, but another way to get rid of a sitting POTUS is to show he/she is mentally unable to perform the duties of the POTUS.



Thoughts?

 

[Stamps6]

And Trump picked Pence? I believe that the DemocRats wrote off this election a long time ago.

 

[Peace Warrior]

I guarantee you President Trump picked Pence.

The winning ticket in 2016 would have been Biden/H. Clinton, but the "20 years of the Clintons" decision had already been made by the powers that be and only the 'Rust-Belt' unexpectedly put President Trump in office.
. The Dems know Biden/H Clinton would have won, and they have simply changed strategies accordingly this election cycle. Moreover, there is no way Harris would have been elected POTUS on her own, but this would be a good way to "slide" her (a woman) into the White House's number one seat.