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purchase legality

lamuskrat
My son was 17 and while at school he was caught with a pocket knife. Normally no big deal (or at least it wasn't when I was in school....40 years ago), but is a major ordeal now-a-days after Columbine. He didn't brandish it or threaten anyone, he was just "in possession" of it. Well they arrested him. Jailed him. Placed a felony charge on him. Did I mention that this kid had never been in trouble or sent to the principles office for ANYTHING.
We contacted the parish (county in every other state) DA and he was placed in PTI (pre-trial intervention). In other words the judge told him to talk to the clerk who gave him the DA's phone number. They set up a meeting and he was told to pay $800.00 and all will "go away". Basically paying for freedom. No guilty or not guilty plea was offered. No story really even told. He was even told the sooner it was payed off the sooner it goes away.

So to my question. Can he buy a handgun? When he answers questions on the form for background check, won't he be disqualified because of arrest, jail, and felony charge? If he was to purchase from another party can't they both be in violation of law?

As far as I know the charges were dropped or expunged, isn't that the same as "never happened"?

Secondly...why does he have to be 21 to purchase from a FFL but only 18 to purchase from a private party? Does that make sense to anyone?

Thanks in advance for your help and expertise!!!
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Comments

10 comments

Date Votes
  • pickenup
    Part of your question may hinge on "when" the case was closed. In the case of a "minor" - records are supposed to be sealed once they reach 18. Doesn't always happen. You may want to check. If he paid his fine off after turning 18, who knows what they would clain. They might make stuff up, if they want to. And yes, it IS all about the money. [:(!]

    From the BATF FAQ site.

    (B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who -

    (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

    Since he was not "convicted" of......anything, he "should" be able to purchase a firearm. I say "should" because I know a number of people who were "charged" with a felony, who have had to go back to the court records, and get a certified copy of the disposition of their case. Proving that they were not "convicted" in the case. Your son may well have to do this, to purchase a firearm, or if he ever wants a CCW.

    Private sale at 18 vs. 21 for FFL's does NOT make any sense. But then neither do the rest of the 20-30-40,000 UNconstitutional gun laws.
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  • lamuskrat
    quote:Originally posted by pickenup
    Part of your question may hinge on "when" the case was closed. In the case of a "minor" - records are supposed to be sealed once they reach 18. Doesn't always happen. You may want to check. If he paid his fine off after turning 18, who knows what they would clain. They might make stuff up, if they want to. And yes, it IS all about the money. [:(!]

    From the BATF FAQ site.

    (B5) Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

    Yes, a person who -

    (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

    Since he was not "convicted" of......anything, he "should" be able to purchase a firearm. I say "should" because I know a number of people who were "charged" with a felony, who have had to go back to the court records, and get a certified copy of the disposition of their case. Proving that they were not "convicted" in the case. Your son may well have to do this, to purchase a firearm, or if he ever wants a CCW.

    Private sale at 18 vs. 21 for FFL's does NOT make any sense. But then neither do the rest of the 20-30-40,000 UNconstitutional gun laws.



    Thanks....
    That is how I see it.

    In fact I am applying for my CHP. I was arrested for something but charges were dropped by complaintent and DA. I am hoping it doesnt affect my app.
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  • wpage
    Have him go ahead and apply. Worst case scenario if a problem arise. Have it expunged and try again later.
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  • krazy4krags
    When stopped before you reach court, there should be no trouble for purchasing firearms as there was no conviction or plea bargains, etc. Now, when he applies for that dream job in the future, they may see an arrest on his record which, depending on where he seeks employment, could slow down his background check a bit.

    Best Regards!
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  • Beeramid
    What Parish did this occur in[?]
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  • e3mrk
    I would say that since there was no conviction Your Son should have no problem.
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  • thywatchman
    quote:Originally posted by Beeramid
    What Parish did this occur in[?]


    Ascension Parish
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  • wpage
    My prayer is your son will come thru it justly...
    One of my nephews has a similar issue and my brother is wrestling with what to do when he is of age.
    Good luck!
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  • 7.62x39Lover
    I wish there was a news channel that would take this story and expose the corruption going on in that Parish. $800.00!!!! Are they bleeping nuts? All this situation warranted was a stern talking to by the teacher and notification of the parents about what "happened" at worst. Our country is headed down the toilet.
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  • 45long
    Sounds as though your son,(or you), paid a bribe that took care of this so called felony charge. I would also guess that the bribe would up in several pockets. How does a fine get levied without a judge ruleing on it? A judge may have assisted in setting up a "meeting", but that is not a ruling. I would get something in writing to state that all charges were dropped. As long as he was not actually convicted, then he has no record. Ans since nothing was ajudicated, there can be no conviction.
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