Civil suit?
- Thread starter chaddy
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MedWheeler
Member
I cannot imagine such a thing getting in the way of lawful firearms ownership, especially in the South. In fact, when I went bankrupt in 1995, the laws specifically listed what assets could be retained, and the debtor filing for bankruptcy was permitted to keep at least one firearm. I'm assuming the law was old enough that that clause was for the purpose of retaining the means to put meat on the table and defend the homestead.
morcey2
Member
I'd say that if you're having trouble paying credit cards bills, buying any more guns right now would be at the bottom of my list of things to do "right now." Unless there is some sort of felony fraud involved in getting the credit cards, it won't stand in your way of getting more firearms. But your priorities don't seem to be in the right order at the moment.
Matt
Matt
RustyShackelford
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No....
Id contact your state's AG's office or consumer affairs dept. My state is adamant about creditors not using false claims or harassment
. They clearly said bad credit or civil issues like that can't result in criminal charges or jail time.
Id contact your state's AG's office or consumer affairs dept. My state is adamant about creditors not using false claims or harassment
. They clearly said bad credit or civil issues like that can't result in criminal charges or jail time.
Red Wind
Member
This will not affect your 2A rights in any way. But as Morcey just said, your first priority has to be getting your financial affairs in order. Then, start thinking guns again! Good luck. A lot of us have been in your shoes.
Good luck. A lot of us have been in your shoes.
CoalTrain49
Member
I think it depends on the state. I've heard that an unpaid parking ticket will get you a denial in NV. NV is a full POC state so who knows what kind of game they're running there.
AlexanderA
Member
The "instant check" system is only concerned about criminal matters. Civil cases don't enter into it. That said, if you go into bankruptcy, you might have to forfeit some of your guns to your creditors, the same as any other assets. As noted earlier, some may be exempt by statute.
gc70
Member
Here is the North Carolina Firearms Laws (Revised September 2014) booklet published by the state's Attorney General.
Buying a rifle or shotgun from a dealer requires a NICS check. A debt collection suit is not a factor in a NICS check.
Buying a handgun from a dealer or an individual requires a Pistol Purchase Permit or a Concealed Handgun Permit. Both permits are issued by county sheriffs under statutory provisions which do not include a debt collection suit. However sheriffs can deny Pistol Purchase Permits for lack of "good moral character." While one of the more anti-gun sheriffs might view a debt collection suit as reflecting on good moral character, I have not personally heard of such a denial.
Buying a rifle or shotgun from a dealer requires a NICS check. A debt collection suit is not a factor in a NICS check.
Buying a handgun from a dealer or an individual requires a Pistol Purchase Permit or a Concealed Handgun Permit. Both permits are issued by county sheriffs under statutory provisions which do not include a debt collection suit. However sheriffs can deny Pistol Purchase Permits for lack of "good moral character." While one of the more anti-gun sheriffs might view a debt collection suit as reflecting on good moral character, I have not personally heard of such a denial.
Sunray
Member
"...an unpaid parking ticket will get you a denial in NV..." That like losing your DL for not paying fines? Just curious.
How is it you can be sued if you get behind on CC payments? Assuming you're making payments. Up here, the account gets sent to a collection agency and they try to collect. Usually with hordes of annoying phone calls and illegal threats(they are not allowed to make any kind of threat). The Crown doesn't get involved at all.
Like morcey2 says, it's not a felony to not have the money to pay your bills, but buying firearms shouldn't be in your 'to-do' list either.
How is it you can be sued if you get behind on CC payments? Assuming you're making payments. Up here, the account gets sent to a collection agency and they try to collect. Usually with hordes of annoying phone calls and illegal threats(they are not allowed to make any kind of threat). The Crown doesn't get involved at all.
Like morcey2 says, it's not a felony to not have the money to pay your bills, but buying firearms shouldn't be in your 'to-do' list either.
CoalTrain49
Member
The background check will be conducted to ascertain if the person attempting to obtain a firearm falls within any of the prohibited categories as outlined in Section 922(g) or (n) of Title 18, United States Code. The prohibited categories include someone who:
is an ex-felon.
is a fugitive from justice.
is an unlawful user or addicted to any controlled substance.
has been adjudicated as mentally defective or has been involuntarily committed to a mental institution.
is an illegal alien.
has been dishonorably discharged from the Armed Forces.
has renounced U.S. citizenship.
is the subject of a court order restraining them from harassing, stalking, or threatening an intimate partner or the child of such a partner.
has been convicted of a misdemeanor crime of domestic violence.
is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.
I think a bench warrant for a ticket would fall under #2. That will get you arrested and a free ride downtown so justice can be served.
dogtown tom
Member
True.http://www.npri.org/publications/firearm-background-checks-in-nevada
It's not just because Nevada is a POC, it's because states can choose to place additional restrictions above and beyond the prohibiting factors of the Brady Law. For example: states banning the sale or transfer of certain firearms.
Highly doubtful that a judge would issue a bench warrant for a parking ticket.........because parking tickets are not criminal acts and rarely are issued directly to a person. As far as I can tell, a parking ticket in every state is issued to the VEHICLE.....not the driver. (because they don't know who actually parked the car
)
CoalTrain49
Member
I use my attorney for any legal advice but thanks for your input.
Correct, they don't know who was driving but they know who the vehicle is registered to. Three guesses where they send those tickets.
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Field Tester
Member
How about we stop assuming the worst?
OP said "getting a gun", not purchasing. This could mean it was a Christmas gift, left in a will, birthday present, etc...
OP said "getting a gun", not purchasing. This could mean it was a Christmas gift, left in a will, birthday present, etc...
DM~
Member
This is ABSOLUTELY the RIGHT answer!!
People need to learn from their mistakes, NOT make them worse!
DM
Mainsail
Member
morcey2
Member
Having been through some serious medical issues with my wife and the associated medical bills, I know what it's like to really scrimp and not have any room in the budget for any extras at all. Shooting and fishing took a back seat for a very long time. It's only been in the last 5 years that things have changed so that I have been able to have the time and money to spend where I want to.
If they don't have an actual judgement against you, you still have time to work something out. Don't believe them if they tell you that they have one and you haven't been served anything. They will lie to you amongst other things. You're not dealing with the bank, but a collection agency, most of whom view the laws and regulations governing them as inconvenient suggestions.
Many of us have been there and you can get ahead of it.
Matt
If they don't have an actual judgement against you, you still have time to work something out. Don't believe them if they tell you that they have one and you haven't been served anything. They will lie to you amongst other things. You're not dealing with the bank, but a collection agency, most of whom view the laws and regulations governing them as inconvenient suggestions.
Many of us have been there and you can get ahead of it.
Matt
short barrel
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You know what makes me tired? States stepping on U.S. Constitutional rights. I say it's not the states' business. We have the right to keep and bear arms and that's it, or should be.
I seriously doubt a personal debt that results in a civil suit would put you under a disability.
Now if you are talking about being behind on say, child support, that could screw you over.
You should pay your debts off first though.
Unless the party bringing the civil suit over debt happens to be a organized criminal enterprise...
Now if you are talking about being behind on say, child support, that could screw you over.
You should pay your debts off first though.
Unless the party bringing the civil suit over debt happens to be a organized criminal enterprise...
DM~
Member
I disagree... CC debt is NO joke and if he is behind, he should be glad that he has a few fellow gun owners here that care enough about him to give him such good advice!
"IF" he takes the advice and gets out of CC debt, I bet you he will be happy that we took the time to get him started on the right track, and maybe he will even come back and thank us!
I hope only for the best for him... CC debt is an extremely slippery slope!
DM
That's enough. This thread was not supposed to be about excoriating the OP.
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