[PR660]

Resident has post OJ Simpson misdemeanor DV from 2007 (expunged), and according to the Lautenberg Amendment, a lifetime federal ban on possession, firing, sale, purchase, or even being in the vicinity of firearms, etc.

Housemate with totally spotless record wants to purchase a defense firearm.

This is the long-gone Golden State of CA.

Is there a problem? Will this purchase cause red flags?

Thanks for your help!

 

[Coalcracker]

Were not lawyers. Call a firearms knowledgeable lawyer. Not being a jerk. Just being truthful.

 

[fixitfred]

I don't understand what you said. That has never stopped me from commenting so let me continue. You are perfectly within your rights to purchase and own a firearm if legally able to. If you are on the lease as a legal resident he,she,them. it will have to leave to legally comply with their restrictions. If they are on the lease and you are not he,them, it, cuz can give you the boot to comply.

 

[Mad Scientist]

If the DV conviction was truly expunged, he/she/it should be able to purchase a firearm. They might need the paperwork related to the expungment, to get it pass the FBI, ATF, and California Gestapo.

 

[Oldoutlaw]

No firearms in the place if either is restricted by Lautenberg Amendment. None Period as I understand it. But I am not a lawyer either.
I would not be putting this stuff up on the internet. You expressed even worse on your other thread.

 

[jrbfishn]

Were not lawyers. Call a firearms knowledgeable lawyer. Not being a jerk. Just being truthful.

This.
Plus, NEVER post something you are thinking about doing that even MIGHT be illegal in open forums. LE calls it "conspiracy to commit".

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[jmf552]

As was said above, don't take anyone here's word for it, consult a lawyer. But something a lawyer may tell you is that in CA, expungement does not restore gun rights.

The lawyer may also tell you that in some states, maybe not CA but I don't know, if one person in the house is prohibited the other can have guns but the other can still own guns. That does not violate Lautenberg. Generally the guns cannot be accessed by the prohibited person, so the letter of the law would be that the owner would have to either have the gun on them or have it locked in a container the prohibited person does not have access to.

But again, do not take my word for it! Consult an attorney!

 

[Speed]

Normally, I'm one of the first ones to give "consult an attorney" advice but in this case the below quote says it all

Housemate with totally spotless record wants to purchase a defense firearm.

The person actually purchasing the firearm is lawfully allowed to own it.
It is that individuals responsible to secure the firearm.
In this case...there is no need to discuss anything with a lawyer in my opinion.

I have a friend on another forum. He's a convicted felon.
This does not preclude his wife from owning firearms. (which she does) She is not a felon.

 

[jrbfishn]

In Texas, a felon can be "in possession in their own residence" 5 years after their last day of court mandated supervision. A BP replica is not considered a firearm. That is what the "Law says".
However, I have known several arrested and convicted anyway.
What LE can arest you for, a prosecutor can convict you of and a defense attorney defend you from do not always match what "The Law says".
If you have enough doubt to ask, ask an attorney. SMDH

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[Oldoutlaw]

Normally, I'm one of the first ones to give "consult an attorney" advice but in this case the below quote says it all


The person actually purchasing the firearm is lawfully allowed to own it.
It is that individuals responsible to secure the firearm.
In this case...there is no need to discuss anything with a lawyer in my opinion.

I have a friend on another forum. He's a convicted felon.
This does not preclude his wife from owning firearms. (which she does) She is not a felon.

The OP here states things a bit different on another thread. Seems contradictory to what he says here.

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