Can this person own a firearm? **Update post 19 (Success)

soloman02

soloman02

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***See post 19 for update***


I have a friend who did some stupid things when he was younger and now wants to buy a gun, specifically a handgun. He is an NH resident.

Criminal threatening and simple assault. Against mom and step-dad respectively
One when he was 11, the other when he was 15.

He does have a copy of this record.

I know it is a juvenile record but they are domestic offenses so would he have to answer yes to the domestic conviction question?

Now before you ask why he hasn't just gone and tried to buy a gun, he is afraid of the penalties associated with lying on the form 4473.
These are the laws I found:
18 U.S.C. §922(a)(6) –Deceiving Statement
18 U.S.C. §924(a)(1)(A) –False Statement
18 U.S.C. §924(a)(3) –FFL False Statement
27 C.F.R. 478.128 –False Statement

And the penalties associated with them:
http://ne.fd.org/publications/firearms_cheatsheet.pdf

He emailed Evan Nappen a couple weeks back but hasn't heard back. I'm kinda losing faith in Nappen and am thinking of removing him from my sig. I told him to email Penny Dean.

So can he own a gun? Second, any idea how the juvenile record would affect an NH CCL?
 
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We'll need more info. Was he actually convicted of anything or were the charges just CWOF? The question specifically asks if you were convicted. He should look in to having the record sealed. if it is a juvi record and if he wasn't found guilty and convicted of anything it should be no big deal to get it sealed. He could also run a CORI check on himself and see if any of the charges show up.
 
Can this person own a firearm? (New Hampshire)

First of all sealing a record doesn't work. Firearms division has far more jurisdiction than any requesting a cori. 2nd nics is a processing business. If you are denied, they process a denial. If your friend does not know for a fact that he has a disqualifying conviction, then ur not lying. I was denied 5 times. No one accused me of lying. They don't persue anyone. Try to buy one, see what happens. If he's denied he needs to follow it up. Just cause they deny u doesn't mean you're a disqualified individual

Don't waste ur $$$$ on an attorney. This stuff is simple
 
CORI is not applicable as he is NH resident and the convictions were NH as he has only ever lived in NH. He said he. Was "Adjucated" whatever that means. Since. This is really about federal law I posted in general. Mass laws on suitability etc are meaningless in this case. On my phone so be gentle lol.


Thanks for the other firearms attorney info. The problem is that because it is juvinile, would he have to answer yes to the domestic question? Is adjucation the same as conviction for juviniles?
 
most local PD's in NH are reasonable, if you go down and talk to the licensing officer chances are he will run the reports and tell you if you are P&R eligible. If you don't lie you'll be fine. there are only a couple of towns where the C.O.P. will refuse on suitability.

I'd rather have a sit down with the locals and get good info, than explain why the 4473 is deficient, and yes NH will prosecute a bad 4473

I know my local dept is good about that.
 
Someone can correct me if I'm wrong but with Juveniles, I don't think there is a guilty finding. There is if the juvenile is charged as an adult but if not, I think the guilty finding is called being found delinquent rather than guilty. So I would think that wouldn't be the same as being convicted. I'm not an expert, I'm just throwing it out there to further the discussion.

I would do some fact finding before answering any of those questions falsely. The offenses were as a juvenile a long time ago. Don't do something stupid now as an adult and get a fresh record.
 
Glockaholic said:
most local PD's in NH are reasonable, if you go down and talk to the licensing officer chances are he will run the reports and tell you if you are P&R eligible. If you don't lie you'll be fine. there are only a couple of towns where the C.O.P. will refuse on suitability.

I'd rather have a sit down with the locals and get good info, than explain why the 4473 is deficient, and yes NH will prosecute a bad 4473

I know my local dept is good about that.
Click to expand...

He has two misdemeanors from when he was 18, one for taking apart a picnic table (was given a fine but is misdemeanor on record). The other was for some power trippy Dick in the town of Lee (along with the COP being a douche) lying and saying he saw him tear up a newly graded dirt road. He plead to a misdemeanor and paid the fine. The other person he was with (different car) fought it and the judge dismissed the case when the "witness" was questioned under cross.

So because of those two misdemeanors, he might not be suitable enough for a P/R.
 
He is not a PP, he can buy a firearm.

- - - Updated - - -

If he was in MASS, he would be a state PP, just because the THEY are a**h***s. In CT. he could buy a long arm, not get a CCW
 
Answer the questions accurately, if he attempts to shield he may be withheld pending further investigation as to accuracy, NH is a no brainer state though. Is he trying to buy from an FFL or an individual. Individual is only up to the seller, as to if he is known or the seller knows the faces on the dollars.
Q: What do I have to do to buy a gun in New Hampshire?

A: Go to a gun store, a gun show, or a private party selling a gun, and give them money.

If you buy a gun from a Federal Firearms Licensee (“FFL”) — that is, from a gun dealer/gun store, including from a licensed dealer at a gun show — federal laws apply to the purchase; in particular, you must be at least 18 years old to buy a rifle or shotgun from an FFL, and at least 21 years old to buy a handgun. (The age 21 restriction applies only to handgun purchases from FFLs, not from private parties, by the way. Age restrictions are further discussed in an appendix to this article.) Of course by law you can’t possess a gun if you’re a “prohibited person” — meaning someone who’s been convicted of a felony, or who’s been convicted of a misdemeanor “crime of domestic violence,” or who falls into certain other categories as well. (“Prohibited persons” are further discussed in another appendix to this article.) The FFL will conduct an “instant background check” by telephone to verify that you are not a “prohibited person.”

By federal law, you can buy a rifle or shotgun from an FFL in a state other than your state of residence and take possession of it immediately — "cash and carry." You can buy a handgun from an FFL in a state other than your state of residence, but that FFL must ship it to an FFL in your home state, where you can pick it up after filling out the same federal paperwork that applies to an in-state purchase. In both cases, the gun must be legal to purchase and possess in your home state — which means nothing for New Hampshire residents (because NH doesn't restrict what kind of guns you can have), but because states like Massachusetts and New Jersey limit the types and models of guns their residents can purchase and possess, visitors to NH from those states can't buy anything here that they couldn't buy in their home state.

New Hampshire residents can buy guns from other New Hampshire residents without government involvement. (See the next question, however.) By federal law, a person may not buy any gun from an out-of-state private party (non-FFL) without going through FFLs.

If you're a resident of another state who resides in (not just visits) New Hampshire part of the time (summer home, etc.), federal law considers you a resident of your home state when you actually reside there, and a resident of New Hampshire when you actually reside here. (See the Code of Federal Regulations, 27CFR478.11.) To buy a handgun in New Hampshire, ask the FFL what he or she requires in the way of documentation (utility bills, for example) to prove that you're a part-time NH resident

- - - Updated - - -

Pilgrim said:
easy way to get around this.....don't lie.
Click to expand...
Lie to who, the authority that lies all the time.
GMAFB!!!!!!!!!
 
Navy Moose said:
Did he try calling Evan? Seth Hipple is another firearms attorney in Concord.
Click to expand...

Thank you for Seth's name.

I was able to get him to call Seth today by providing the contact info for Seth. He spoke over the phone and Mr. Hipple said that juvenile cases are not considered misdemeanors or felonies. He is going to buy an SR9 on Saturday [banana] and I'm prodding him to apply for the NH CCL because it is super easy to do.

He has a couple misdemeanors from when he was 18-20. Negligent driving (violation), that gravel road BS I described earlier and criminal mischief (misdemeanor) for taking apart a picnic table. Which was a BS charge because he even offered to put it back together (all he did was unscrew all the bolts) and the cop/DA was a total dick and refused to let him. He lives in Manchester now and works at a real job (engineer) and I don't know how that misdemeanor will affect him. It shouldn't but we have seen cases lately where it does. He is 27 now and has gotten past his mischievous days.

Also I should note, this is someone I converted from being ignorant anti (based on the media propaganda) to pro gun. Taking him shooting was all it took [laugh] Getting him to go shooting was as easy as calmly demonstrating proper gun safety in front of him with unloaded handguns.

I'm still working on his voting habits (he voted for Obama). But as I open his eyes to the BS laws we have, I hold hope for him as he goes WTF when he finds out.
 
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soloman02 said:
I have a friend who did some stupid things when he was younger and now wants to buy a gun, specifically a handgun. He is an NH resident.

Criminal threatening and simple assault. Against mom and step-dad respectively
One when he was 11, the other when he was 15.

He does have a copy of this record.

I know it is a juvenile record but they are domestic offenses so would he have to answer yes to the domestic conviction question?

Now before you ask why he hasn't just gone and tried to buy a gun, he is afraid of the penalties associated with lying on the form 4473.
These are the laws I found:
18 U.S.C. §922(a)(6) –Deceiving Statement
18 U.S.C. §924(a)(1)(A) –False Statement
18 U.S.C. §924(a)(3) –FFL False Statement
27 C.F.R. 478.128 –False Statement

And the penalties associated with them:
http://ne.fd.org/publications/firearms_cheatsheet.pdf

He emailed Evan Nappen a couple weeks back but hasn't heard back. I'm kinda losing faith in Nappen and am thinking of removing him from my sig. I told him to email Penny Dean.

So can he own a gun? Second, any idea how the juvenile record would affect an NH CCL?
Click to expand...

Unless he was charged with an actually Domestic crime such as, Domestic A&B (all the different kinds) or Violation of a 209a, I don't think they count as a "Domestic". For example, threats to commit crime (275/2) is still the same chapter and section even if it was against a family member. Any LEOs or lawyers correct me if I'm wrong. Again, not sure if this helps, just sounds so far even what he did to his family MAY not fall under a "Domestic".

Obviously the simple assault MAY have been charged under a Domestic, but I don't think the criminal threats can be.
 
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We went to the gun stores today. Hit up Acme Armament, Shooters, and Rileys.

Acme and Shooters didn't have any SR9c's (but Acme did have some .30 Carbine for my M1's woot woot!).

But Rileys did. He proceeded to fill out the paperwork and the NICS (NH version) was performed. It took about 30-45 minutes but it came back a yes so he walked out with the SR9c and 3 boxes of 9mm. Rileys also had some tins of Bulgarian surplus 7.2x54R Lite non-corrosive ammo. IDK if it is really non-corrosive. I test fired one round as a function check on my mosin and the recoil was not bad at all.

Apparently, a case of ammo counts as one of your two box limit. Hence why he only got 3 boxes of 9mm and not 4, cause there was no way I was not passing up a tin of 7.62x54R for my newly acquired 91/30 this past week.
 
I know it is a juvenile record but they are domestic offenses so would he have to answer yes to the domestic conviction question?
Click to expand...

In some states, the sealing provisions applicable to juvenile convictions create the concept of "legal fiction" - which, if applicable, means the individual may lawfully answer "No" to any "have you been convicted" question without it being considered a false statement. He needs a qualified legal opinion to determine if this applies to his particular circumstance.
 
Rob Boudrie said:
In some states, the sealing provisions applicable to juvenile convictions create the concept of "legal fiction" - which, if applicable, means the individual may lawfully answer "No" to any "have you been convicted" question without it being considered a false statement. He needs a qualified legal opinion to determine if this applies to his particular circumstance.
Click to expand...

Rob, answered in post 14. In short, he did get that legal advice and today bought a handgun successfully from a dealer.
 

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