Are RSO's allowed to own guns if they don't have a Felony?

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Sammael94

Sammael94

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Asking for a friend who made some bad decisions while he was still a minor. He, being just over the age of consent in our state (Montana), slept with a girl who was just under the age of consent. He's a good guy who made one lousy decision. He was never formally charged with a felony, but he was required to register as a sex offender. He now has a family and is looking to get a weapon for home defense. I told that since I'm looking to upgrade to a Security 9 anyway, I'd sell him my Taurus PT111 G2, but only if he is allowed legally to own it.
I'm looking for an FFL who would be willing to run the background check on him, but I figured in the mean time I'd ask you all what you thought about the situation. The other thing I was wondering, which may be off topic for the legal thread, is if anybody knows if and how I can run the Federal background check myself without involving a third party ELF?
Thanks in advance for your help, I look forward to hearing back on this matter.
 
Sammael94 said:
...I'd sell him my Taurus PT111 G2, but only if he is allowed legally to own it.
I'm looking for an FFL who would be willing to run the background check on him...
Click to expand...

Any FFL will run it for their transfer fee. It's not a matter of anyone's opinion. It's a matter of either he is flagged, or he is not. If it comes back "denied" then he will know for sure.
 
he could apply for a CPL. I had a friend who was in a complete panic because he was charged with a felony, but it was ultimately dropped because the judge thought it was too stupid to be worth it, but he was convinced that when he applied for the permit he would arrested on site. But you may want to change RSO in your post. I think most here will read Range Safety Officer, I did anyway. I doubt he will have a problem. Off topic, and probably out of line, but I know a few RSO's who have tole me similar stories, but their stories don't add up, or a quick look into their history shows something else entirely. Just saying, be sure you know what happened (like you were there at the court hearings, or read the transcript) before you sell the guy a gun. Just my experience
 
We just say SO out here. When they don't register we call them inmate again, when they came back for failing to register.
Check with a real attorney in your area - advice on the internet from faceless who-knows-whos is literally worth what you paid for it. Nothing. Have your buddy pony up for the real thing.
 
I did some further research on this because frankly, it's bugging me. The list of offenses requiring registration in Montana is here:

http://www.niccsa.org/uploads/file/...EXOFFENDERREGISTRATIONREQUIREMENTSMONTANA.pdf

The list of offenses that result in being denied a Montana CCW is here:

https://dojmt.gov/features/frequently-asked-firearms-questions/

Specifically:

You are ineligible for a CWP if the misdemeanor conviction was for a violation of Mont. Code Ann. § 45-8-327 (carrying a concealed weapon while under the influence) or Mont. Code Ann. § 45-8-328 (carrying a concealed weapon in a prohibited place. Also, if the misdemeanor crime included as an element of the offense an act, attempted, act, or threat of intentional homicide, serious bodily harm, unlawful restraint, sexual abuse, or sexual intercourse or contact without consent, then you are also ineligible for a Montana CWP.

The "registerable offenses" list and the "ineligible for a CWP" list are nearly identical. I would be surprised if your friend ISN'T a prohibited person.
 
This is not the way for the OP's friend to get an answer.

We don't have all the details, nor should we. It's a bad idea for the OP to be discussing his friends legal problems with strangers in public. And I think we might be missing some important information. For example, under what provision of Montana law can someone be required to register as a sex offender if he hasn't been charged.

The OP's friend needs his own lawyer. First, communications with his lawyer will be confidential. Second, if the OP's friend is prohibited, his lawyer might have some thoughts about how to change that/
 
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