OK here is the deal. Friend of mine in NH is talking about getting a pistol. He has multiple DWI on his record him to lose his license for 4 years.....he just got it back a few months ago. In addition he had two arrests for drunk in public with disturbing the peace on the record as well. Both of those were continued without findings I believe. If he goes into a gun store in NH to buy will the background check show this record and will he be denied the purchase of a hand gun?
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NH background checks.....what do they actually check?
- Thread starter whacko
- Start date
4473's don't "come back" They sit and rot at the dealer location. You're in NH, not MA, unless you're a federally prohibited person, which I believe a DWI cannot make you, you should be able to buy anything you want. a CCW permit might be less likely as NH does have a form of suitability, but from what I understand it is almost never used to restrict a carry license.
OK my point is you fill out a form, it is used by NH to do a background check, and depending on the disposition of the DWI cases it is going to be touch and maybe.
Seriously spend the coin, get the records, ask a lawyer, get your ducks in a row.
I'd rather do that then get jammed up
Boghog1
NES Member
This
Is there any real negative to failing the background check when making the purchase at a store? I assume just going and trying would be the fastest way to find out?
Boghog1
NES Member
What matters is jail time (potential max sentence)
dhuze
NES Member
DWI is not a Federal disqualifier. Unless he has something that is, nothing comes of it. It's NH not Ma.
Here is a copy of the 4473. Unless something on here disqualify's him he is ok.
http://www.atf.gov/forms/download/atf-f-4473-1.pdf
Here is a copy of the 4473. Unless something on here disqualify's him he is ok.
http://www.atf.gov/forms/download/atf-f-4473-1.pdf
caboose84
NES Member
DWI can be a federal disqualifier - depending on the maximum jail sentence that could apply.
Misdemeanors with a sentence possibility of greater than 1 year are disqualifiers under federal law, thus why a MA DWI (possible 2.5 year jail term) makes you a federal prohibited person, even if you aren't sentenced to the max term. I know this has been discussed n the MA law forums before.
If he has multiple DWI convictions he may have faced a possible max jail term of > 1 year.
If he tries to purchase as a prohibited person - that is a crime.
I am not a lawyer, and he should talk to one before doing something that could get him into further legal trouble.
Misdemeanors with a sentence possibility of greater than 1 year are disqualifiers under federal law, thus why a MA DWI (possible 2.5 year jail term) makes you a federal prohibited person, even if you aren't sentenced to the max term. I know this has been discussed n the MA law forums before.
If he has multiple DWI convictions he may have faced a possible max jail term of > 1 year.
If he tries to purchase as a prohibited person - that is a crime.
I am not a lawyer, and he should talk to one before doing something that could get him into further legal trouble.
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Having lost a brother because of a drunk driver, I am a little touchy on the subject.
Your friend had his DL revoked for 4 years. That doesn't sound to me like a first or even second offense. And you already wrote he has "multiple" DUis. Now, try to follow me. THis guy seems to not only have a drinking problem, but also a learning problem. He does obviously not give a shit about other people's lives when he drinks, that's why he gets behind the wheel and deliberatly puts the life of everybody else on the road in jeopardy. Just ask yourself it that is a person you want to help to get a firearm. I wouldn't.
Your friend had his DL revoked for 4 years. That doesn't sound to me like a first or even second offense. And you already wrote he has "multiple" DUis. Now, try to follow me. THis guy seems to not only have a drinking problem, but also a learning problem. He does obviously not give a shit about other people's lives when he drinks, that's why he gets behind the wheel and deliberatly puts the life of everybody else on the road in jeopardy. Just ask yourself it that is a person you want to help to get a firearm. I wouldn't.
First off.....thanks to everyone for the replies. Astounding is the amoutn of information you all provided and I am greatful!
Frenchman.......my motivation for asking for this information from the more knowledgable folks on this site is to gather information for my friends father. His dad is actually worried about him and feels a fire arm is the last thing he needs in his life at this time. He's been struggling with alcohol for many years and is one of the "angry drunks". He just recently brought up buying a hand gun to some family members and myself. Based on the information these great folks have provided I feel pretty confident he will be denied at the counter if he tries to go and buy a hand gun......a good thing.
You jumped the gun on that statement. His family has already told him what they think.......but that won't stop him from going to a gun store now will it? My quest for info was to give his father some insight and possibly some relief in knowing that there is a good possibility that he will be denied. If the info I got back on here from my fellow members of the site said he would probably be peritted to purchase we would form a new game plan at that time. Bottom line .......he knows how we feel!
Just remember, there is always a possibility for him to simply do a FTF purchase. No background check done there.
If the OPs friend is a PP (not sure, don't have enough info) he'd still be violating federal law for even possessing or touching a handgun. Worse yet, if the seller knew that the buyer was a PP, that person could be on the hook, too. Remember that a lot of states won't even blink at punting a case like that off to the feds. (Whether the feds will take it or not is another story, of course. )
-Mike
Hiltonizer
Banned
prohibited person
in a FTF transfer, you are on the hook if you transferred a weapon to one, hense they are supposed to be "personally known to you"... to not be prohibited, or to have a pistol permit (which is proof they are not prohibited)
Roger that thanks. From the sounds of what I'm getting from all of the posts he is probably a pp....and not too bright either for even bringing up to family members that he wants to be a fire arms owner. A big issue here for him I think is his entire family and friends are responsible gun owners and enjoy shooting sports and hunting and he feels "left out". He does know how we all feel about him owning a fire arm though.
Gidge
NES Member
...for spelling mistakes ?
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
Seriously, IDK -- must be much better than the proctology exam we must endure here in MA.
I don't think the law actually requires this (that you know someone's record) per se, but rather at least at the federal level if you "knowingly" furnish a felon with a firearm you can be on the hook for doing so. Not sure if NH RSAs have a similar clause somewhere else. Of course proving that someone knew something at a given time is difficult for prosecutors, but not impossible, particularly when a lot of people run their mouths when questioned by authorities.
-Mike
Hiltonizer
Banned
aye, it's fairly cryptic... and the laws rather circular. The RSA's refer to the USC and the USC defers to state law... however 18 U.S.C. § 922 cites that a sworn statement from the transferee to the transferor is lawful.... but i'll stick to dealing with folks that have permits
What was the $10.00 about? I used to work behind the counter and never ever charged for a NICS check.
I just don't want to shop for a gun in NH and be charged 10 bucks extra for a NICS check.
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I think it would be wise to get the OP's buddy checked out for sure with a lawyer too.
I have no idea what sources NICS has. When I made calls to NICS, if they could not get the check done right then i was told 'Denied', with no reason. Customers would always want to know the reason, but NICS never says. In fact talking to a person at NICS is like talking to a recorded message pretty much.
If you ever did, you would think it was a recording and you just answered the recordings questions verbally instead of pressing a number on the key pad.
A clerk can only give NICS the info in the form too.. We are not mind readers.
LAW: In NH anyway you pay for the gun and sign the form.... If you are not a legal person then you have broken the law... There is nothing a clerk can do about that.
If you are moonbat crazy and select a weapon to buy, and mention you only want one bullet for it, A clerk can deny your purchase long before NICS is called. I had that happen one time.
Delays...... Any time there is a delay, the clerk is told that. NICS takes into consideration every state you ever purchased a gun in ever.
Mass likes to putter around and take their time getting back to NICS. In NH if this happens to you, there is 2 ways it can end. The dealer will call after NICS calls back, and or if NICS never calls back you get the gun anyway, and are told that if NICS denies you after some means of a return will need to occur.
I have no idea how that is enforced.
If you live in NH and Mass fools around one time too many and you know you are clean and don't mind having a permanent file on record in NH, you can do a waiver, and once you have that set up, Mass can never again stall and gag up any more NICS checks.
I know that because i have that waiver, and just as fast as I put money down and the NICS call is made the gun just about flies over the counter into my hands.
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I didn't read the entire thread before i replied.... The person is question should probably not buy any gun for the time being, until he learns to deal with his problems.
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