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Can I still purchase a firearm???

barnhartmd051977
I hope some one can answer this question...

My name is Michael Barnhart, I am 31 years old, I spent 4 years in the USMC, left with an honerable discharge... I got a job in the civilan word and quickly advanced to management... Here is where the problem begins... I was in charge of 8 guys at a Power Plant. I went on vacation on a friday after a year on the job, i was taking 2 weeks off work... Left PA to NH on a friday to see my GF at the time... A week into my vacation PA State Police call me on my cell phone and ask me to return to PA for a criminal investigation... So i promptly return to PA, to be arrested on three Felony accounts theft by unlawfull taking, criminal conspericy, recieving stolen property... At this point I still have no clue wht has taken place... My parents posted bail, I hired a lawyer and a private investigator... I found out from the PI and the Lawyer The reasons for my arrest and statements mad by other employees... One one my new employees took 500 sheets of 4' x 12' aluminium ridge roofing meterial from the plant the day after i left and placed it at his warehouse, when questioned he told cops i took it the day i left and placed it at his warehouse... Long story short after $20,000 out of my own pocket and more proof that i was not envolved in any way shape or form, My lawyer told me that the da was trying us together (the guy who stole the crap) he was a Seven time felon and list of misdomenors... I was told by the judge, DA, and my own lawyer to plea guilty for lesser sentence and reduce to misdomenors from felonies, with two years of probation to be served... After that I swallowed my pride, and with no job or money cause i spent my entire life savings on this matter I pled guilty, to all three charges...
I got a deal i guess, as the guy who stole the stuff was charged with felonies and severd 5 years in prison, got out two years early for good behavior...
I recieved misdemoners on all three charges, and two years of probation...
Mind you I had never been in trouble with the law befor or after this matter, I also work closely with my local PD, as I am a firefighter, emt-b...

I just want to know if anyone knows if i can still purchase a firearm or not???

I own many firearms for Glock 19, Glock 17, 30-30 marlin. rem model 700(7mm rum), model 97 winchester, mossberg 500 12 ga, and the list goes on...

Please advise????
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Comments

12 comments

Date Votes
  • Mooseyard
    You are not a convicted felon. No problem with owning guns. With that said, it would be a cold day in hell before I would plead guilty to something I didn't do.
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  • Hawkshaw
    Bottom line is that this is a question for an atty. As an FFL holder, I have run into this a couple of times. The first thought is what did you plead guilty to? A misdemeanor, or a felony? Which ever, It is now a matter of public record. I understand that at some point in these deal, you run out of time, money, and energy, and do the expedient thing. However, pleading guilty was not a good idea in regard to gun ownership. In my state, the NICS people are our state police. I have been invited by them in other circumstance to go ahead and fill out all the appropriate paper work (read 4473), give finger prints, and provide the dealer with what ever else may be required in your state to purchase a specific firearm. He will call the info. into the NICS folks, for an approval. You will either be approved, denied, or delayed. If you are denied, then you as the buyer, have a right to inquire of the NICS folks, why you were denied. Then you will have the real answer to your question. Possible downside, cost you $10 to do this, If you pled to a felony earlier, and as such were henceforth not allowed to attempt to buy a fire arm as a fellon, the local police may show up instantly, (at the store), and charge you with something. DISCLAIMER--Be advised, I am not an atty., and am not giving you legal advise, but offer these thoughts for your consideration. Consult your own atty. for advise.
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  • dav1965
    I served 10 years in the Air Force honerably discharged and never been in any trouble and i cant buy a long gun. Every time i go to buy one i am delayed and it never comes back approved or denied. They just dont respond at all. Some stores will sell to me, some will not. Its up to the store after 5 days. I can get all the pistols i want. The paperwork for them comes from the sheriffs office locally. Is there a policy like that where you are at? If so i would talk to the people locally first. Good luck David
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  • vdms55
    either you tell a damn good story or you really got the shaft. my only Q, if this is a truism, did you hire the dummest lawyer in the state?
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  • golferboy426
    how studip can one person be? Plead guilty to something he didn't do? . This whole story sounds fishy to me. The whole PI thing? BS!!
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  • He Dog
    DAV there is a process through ATF where you can get an individual ID number to allow you to by pass the check and be approved. In the process of getting that (it is a hassle but not to onerous) you can find out why you are getting delays. Maybe you have the same name as a felon or some such confusion.

    Barnhart, best course of action is ask your attorney to be certain.
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  • bustinstainless
    i would never plead to something i didnt do you had a sorry excuse of an attorny
    you have a right to face your accuser and for whatever reason you didnt thats between you and whoever you share it with
    i dont know about the dishonorable discharge but felonies domestic assault mental issues bar you from ownership
    if you are still on probation that will impede the process also
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  • hehateme
    Never ever ever ever plead guilty if you are innocent!! Never! Why would you do that? Regardless of $$ amounts.
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  • barnhartmd051977
    Honorable discharge, not dishonorable

    Well I went throught three lawyers the first two wanted me to plea guilty right of the batt and the third told me if you are truely not guilty hire a PI, so I did... Never being envolved with the justice system before in my life I had no clue what to do not to mention the fact that I was still young and dumb... The whole case took two years to handle in court, my lawyer tried everything to get the case dropped or at least that what he told me...
    On the other side I had no plans on plea guilty to a crime I did not commit, but after my funds dwindled to the point of not being able to hire a lawyer i did what the judge, da, and my lawyer advised me to do... Like I said I did not understand at the time and still do not at this time how they tried us together and not seperatly. The judge explaind to me that the jury would be looking at the other guy with the seven felonies, and a list of misdomenors... At that point in time i realized that the cops wanted to put this guy away and nothing was going to stand in there way not even me... So i did what the judge, da , my lawyer reccomended me to do it was the easyist way to put the whole situation behind me and move on with my life... If i could guys i would put the 700 plus pages of files and lie detector pages on the site for you to read... My wife has a nuymber of friends that are lawyers and when i get enough money saved up, I and the lawyers my wife knows are going to head back to PA to see if we can get the ruling changed or removed from my record or what ever they do, as I said i am not the smartest tool in the shed either...
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  • nmyers
    I accept your story at it's face value; there's no point talking about what you should have done. It is what it is.

    In your situation, I would attempt to get a reversal by contacting every free legal group I could find: Legal Aid, ACLU, etc. I'm no lawyer, but if the JUDGE suggested you cop a plea, that sounds like judicial misconduct to me. You may not win, but, at least give it a try.

    As for your firearm question, the key issue is not "felony or misdemeanor", it is "has been convicted in any court, of a crime punishable by imprisonment for a term exceeding one year". (Yes, a guilty plea = conviction. And, it doesn't matter if you serve the year, or just get a suspended sentence.) You need to get a copy of your criminal record & see the exact charges on which you were convicted. Then, you have to find out what the prison term for those charges were AT THAT TIME. The state police, attorney general, or legal aid should be able to help you.

    Don't try to buy a gun in order to find out; you will likely get a "not approved", lose your application/processing fee, & still have to go through the process to find out why you were denied. Even if you were approved due to clerical error, it could come back years later to haunt you. (A "felon in possession of a firearm" is not a charge you want to face.)

    Neal
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  • allen griggs
    If you can't purchase a firearm, you also can't own a firearm.

    Convicted of misdemeanors, you should be ok.
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  • barnhartmd051977
    nmyers

    thank you sir

    I am at this time saving the money for the two lawyers that are close friends of my wifes family to go Back to PA with me or they think they may be able to do it from right her in NH, depends on certian things I guess and get a reversal or overturned or removed from my record...

    I dont worry about (A "felon in possession of a firearm" is not a charge you want to face.) as I said before I work very close with the boys in blue at my local town and some of the staties, as I am a Firefighter, Emt-B... I have already had the chief of police run a 10-21, 10-22 and a crimal record check... And has given me a letter stating that he has check my record and validated the fact that i can poses my hand guns and rifles

    I have also got my CWP from my local Police department...

    Thank you guys for your advice
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