Background Checks

Status
Not open for further replies.
Gun Control is a pain, I dont have an answer for you but I am sure someone on here will.

Good luck brother. :cool:
 
Thanks gypc2. The CBI has the same definition as the federal, but they're kind of vague on this one, ya know? "Unlawful users" could be defined pretty broadly.
 
I would recommend contacting an attorney in your state, preferably one with some experience in firearms matters. Hopefully, somebody from Colorado will be along shortly with a recommendation.
 
Yeah, maybe someone from the CBI. I suppose I could just call them.

My wife also wants me to find out about whether this affects here, and her background checks. There's a revolver she wants.
 
AFAIK, there should be no effect on your wife's background check, but I'd be very careful of running afoul of "constructive possession", meaning that if the gun is in a locked cabinet, but you have access to the keys, you can be held to be in possession. This is one area where laws are subject to the whim of local prosecutors, a very bad thing IMO. Sorry for your situation, but you've already gotten the best advice, contact an attorney. IANAL, and any "legal advice" you think you've gotten off the Internet is worth exactly what you paid for it. Good luck.
 
Your wife cannot be held responsible for anything you did, unless she was charged too. The question of your access to her gun is a moot point if you are not living together. If you should patch things up and she returned - with a firearm - there might be an issue. If that looked like a possibility I'd discuss it with a lawyer (first) or probation officer (second).

As for your ownership of firearms, a lot depends on what you were found guilty of - either by a plea or conviction. You need to discuss this issue with an attorney.
 
in 1975 I was arrested for having bennies during a traffic stop for drunken driving. They reduced the DUI to wreckless and sent me thru a drug am which somehow meant I wasn't convicted on the possession charge.

I've been sober since 1975 and have been buying guns ever since.
 
If you were convicted of a crime where you could have received a sentence of one year in prison or more, then you are a convicted felon according to the 1968 Gun Control Act.

27 CFR 178.11 said:
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for the purposes of the Act or this part, unless such pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, or unless the person is prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.
Click to expand...

An "unlawful user of or addicted to any controlled substance" is defined as:

27 CFR 178.11 said:
A person who uses a controlled substance and has lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year. For a current or former member of the Armed Forces, an inference of current use may be drawn from recent disciplinary or other administrative action based on confirmed drug use, e.g., court-martial conviction, nonjudicial punishment, or an administrative discharge based on drug use or drug rehabilitation failure.
Click to expand...

If you pass those tests, then you should have no problems at the federal level since these are the agency regulations ATF uses. ATF sometimes gets a bit ambitious in its definitions (for example, its definition of "adjudicated mentally ill" would seem to conflict with the few existing cases discussing 922(g)), so if you meet those definitions you should have no problems. If you don't, then you probably need to see a lawyer - although seeing a lawyer isn't a bad idea anyway given the gray area you will be in and the serious consequences of guessing wrong.
 
The deferral, though, is the interesting part. My understanding of deferral is that the conviction is erased after the probationary period if the accused keeps the terms of the probation. However, we've heard all sorts of interesting stories about how nothing ever really goes away.

Bottom line: talk to a lawyer.
 
It doesn't look like you meet the "unlawful user" definition based on your description. As to whether or not you were convicted, you really need to talk to a lawyer who knows the law of the state where you pled guilty. Whether you were "convicted" will depend on the specific law of your jurisdiction.

Considering what is at stake if you get bad advice on this, I'd be reluctant to take free advice over the internet. This is one of those areas where a lawyer would be worth the money.
 
From what I read it looks like 10 years::barf: :cuss: :(

18-12-108. Possession of weapons by previous offenders.

Section (2) deals with convictions so in my IANAL ignorance it would appear section (3) applies:

(3) A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's adjudication for an act which, if committed by an adult, would constitute a felony, or subsequent to the person's adjudication for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law.

(4) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (4), a person commits a class 6 felony if the person violates subsection (3) of this section.

(b) A person commits a class 5 felony, as provided by section 18-12-102, if the person violates subsection (3) of this section and the weapon is a dangerous weapon, as defined in section 18-12-102 (1).

(c) A person commits a class 5 felony if the person commits the conduct described in subsection (3) of this section and the person's previous adjudication was based on an act that, if committed by an adult, would constitute burglary, arson, or any felony involving the use of force or the use of a deadly weapon and the violation of subsection (3) of this section occurs as follows:

(I) From the date of adjudication to ten years after the date of adjudication, if the person was not committed to the department of institutions, or on or after July 1, 1994, to the department of human services; or

(II) From the date of adjudication to ten years after the date of release from commitment, if such person was committed to the department of institutions, or on or after July 1, 1994, to the department of human services or, if subject to supervision imposed as a result of an adjudication, ten years after the date of release from supervision.
 
Status
Not open for further replies.
Back
Top