Misdemeanor=No gun

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Houdini

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Firearms Seized In Statewide Crackdown, AG Says

Sweeps Conducted By State, Local Law Enforcement

POSTED: 11:15 am PST December 10, 2007

LOS ANGELES -- Authorities have seized more than 540 guns in recent months as part of a statewide crackdown on convicted felons and others banned from owning firearms, California Attorney General Jerry Brown said.
Brown announced Monday that sweeps conducted by state and local law enforcement since June targeted about 1,000 illegal gun owners.
He said the owners had purchased the guns legally. But they were later barred from owning guns because they were convicted of various felony and misdemeanor crimes or found to be mentally illl.

Everything from handguns to assault rifles were seized around the state.
The owners were identified through a state database that matches criminal histories with gun ownership registries. Authorities plan to investigate about 9,000 others.

This is weird in my opinion. I was not aware a misdemeanor, Trespassing, J-walking etc. can make it so one can not have a firearm. Is this a California thing? If one takes prozac does this mean you can never have a firearm. Food for thought....:scrutiny:
 
A misdemeanor conviction of Domestic Violence will get your guns taken away from you. Thi is in effect due to The Domestic Violence Offender Gun Ban, aka: the Lautenburg Amendment. I am surprised you have not heard ot it, it has been in effect for several years now.

As for the mentally ill, those adjudicated to be mentally incompetent, have been forbidden from owning firearms for quite some time. It does not mean, as far as I am aware, that if you take Prosac you cannot have a firearm.

All the best,
Glenn B
 
Thanks for info. I have heard of the Lautenburg Amendment. I am just curious to see what they are considering to be the misdemeanors that do not allow one to have a firearm.
 
The owners were identified through a state database that matches criminal histories with gun ownership registries.
Click to expand...

SELECT gunOwners.name, gunOwners.address
FROM gunOwners, crimeConvictions
WHERE gunOwners.socsecnum = crimeConvictions.socsecnum
AND ( crimeConviction.class = "felony" OR crimeConviction.charge = "DomesticViolence")
ORDER BY owner.numguns DESCENDING
 
It is a fallacy that only felony convictions will disqualify one from purchase.
On top of the federal requirements, each state has the right and ability to make their own regulations.

I sell guns in Maryland, and we have had a man turned down within the past month or so for having a misdemeanor conviction that could have resulted in more than a year incarceration. He received probation, but is still not qualified to purchase a handgun.

Other states will refuse you for multiple DWI, and other misdemeanors. We have a question that asks if a person is a "habitual drunkard"...that can be defined by the State as multiple DWI or disorderly conduct, etc. One can also be disqualified if under indictment for a myriad of offenses.

http://www.atf.gov/forms/4473/index.htm

Note question marked B in the bold red letter. Note also that this is not the most recent version of form 4473.
 
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News flash , You dont even need a conviction to be a prohibited person . All it takes is a restraining order be it needed or just part of the normal court procedure restraining a person stay away from ( possibly even other ) witnesses .
 
It does not mean, as far as I am aware, that if you take Prosac you cannot have a firearm.
Click to expand...
Not yet, but it will, if Hitlery gets her way. Anyone who ever took any prescription mind altering drugs will be forever proscribed-illegal users are obviously exempt, as personified by her and her "husband".
Don't forget, some of the most successful stop smoking drugs are also psych meds, such as Welbutrin.
 
Tallpine said:

ah yes, the beauty of registration ...
Click to expand...

:D We don't have "registration" in Michigan; we have "safety inspections". I can't figure how it was I purchased 5 defective Kimbers that had to be returned to the factory. Seems this "safety inspection" should have caught those defective pistols.

Doc2005
 
Not yet, but it will, if Hitlery gets her way.
Click to expand...

Yeah, she is some powerful woman.

The Republicans had revolution in 1994, and they took control of both Houses of Congress.

But that dang woman used her super telepathy Mind Bender power to get all them poor innocent Republicans to pass the Domestic Violence Misdemeanor Gun Ban (aka Lautinburg amendment) in 1996 - two years after they took control of Congress! The good guys couldn't stand up the Mind Bender power she got by being born on Krypton.

A buddy told me that she used a Time Reverser ring she stole from Lex Luther to go back to 1968 and set up the Gun Control Act and the FFL system! Heck she was only 21 then, and hadn't even graduated from Yale Law School yet. She's really the one who added

Anyone who has been adjudicated as a mental defective or has been committed to a mental institution...
Click to expand...

She is bent on planetary domination. Planetary domination, I tell you. And she has powers - power from beyond the solar system! Powers from beyond the known universe! We're doomed! Doomed!

She terrifies me. The only know protection is to use my vast intellect to make us a silly name for her. Then we'll all be safe.

Mike aka "Captain America" - but don't tell anyone.
 
He said the owners had purchased the guns legally. But they were later barred from owning guns because they were convicted of various felony and misdemeanor crimes or found to be mentally illl.
Click to expand...

Besides the nice toys they had, I'm glad they are out of their hands. Makes you think twice about being a law abiding citizen that owns.
 
In California there are a list of misdemeanors that make you prohibited. Some linked to the laws, its in there. The only one I remember is if you're found to have a prohibited weapon. The kicker is prohibited weapons include brass knuckles, sword canes, nunchuks, plastic knuckle guards on knives, umbrella swords, etcetc. And on top of that, all of those things are sold openly in California.

Makes sense right? Go to Chinatown and they sell all of those things from the store front, but owning one is a misdemeanor that costs you your gun rights? Stupid state.
 
The article says "mentally ill" the law says "adjudicated mentally incompetant"

The people who know the law think "Good, I'm glad that psychotic who thinks my car is a dinosaur trying to eat him no longer has a gun" and say "glad they took those guns. That's dangerous!"

The people who want to take the guns, all the guns, everyone's guns, say "See, even gun owners, like the NRA and even nuttier extremists think that mentally ill people shouldn't have guns." And then they think "how can we expand the law so that no one with a mental illness can get a gun?"

And if you think I am wrong, take a look at MI's CPL application, which predicates granting of the license on not currently having or being treated for "a mental illness." The application does not say "a dangerous mental illness" or "have been adjudicated". It requires, on pain of perjury, an attestation that the applicant does not have a mental illness.

I wonder, under current definitions, which of us couldn't be shown to have a mental illness?

It is really time to stop defending "mental health" limitations.
 
I got arrested for carrying my own gun in NY, with a carry permit that I had for 25 years. It's a long story but I was in my own hallway where I stoped a fight between my Doorman "who was pretty drunk", and a dozen cops, that a neighboor called when she saw the doorman, In uniform, on Christmas, having a shot to celebrate with a neighboor, it took me 18 freakin months to get my license back, and a dozen court appearences. They wanted to make sure I wasn't going to sue. My attorney ended up becoming a dear friend who ended up charging me a grand for the whole thing. They also scribed the case number on my custom ppk s, slide, thay ruined both guns on purpose. I found that this happens quite often in NY, cops joke about it. I then had to go before a Captain at Police Plaza, who reamed out the officer, who had forgotten all the particulars about the case. Same with the judge who finally read the complaint, he asked the DA, why was this man arrested?, no one knew why, he winked at me and said , Case dismissed. By the way, They wait you out hoping that you will just say , srew it, it's not worth it. You have to be ready for a costlly and long fight, but I made it clear from the beginning, that I would do whatever I had to do, to get my license back, especially since they never charged me until I went down to the precinct to get the poor doorman out on Christmas eve. So they let him out and cuffed me to a pipe for 4 hours, until they figured out what they wanted to do. That was in 1989-90 , I was never bothered any other time, even when carrying in plain view. I just pissed off the wrong guy, and he wanted to bust my chops. I was friendlly with a lot of detectives and neighboorhood guys, because I had a business there most of my life, it was one of the guys I knew that helped me get out, because he got my prints out of the garbage, when he saw what happened, they wanted to send me to rikers for the weekend tour. He said the sargent was a jerkoff who had just been passed over for a promotion. So you just never know.
 
Not trying to hijack, but since this thread is already here I have a quick question...Mainly directed towards El T(fellow hoosier).

My Uncle wants to buy a gun, but he has a misdemeanor battery charge for getting into a fight at a bar awhile ago...Can he own a gun?
 
We don't have "registration" in Michigan; we have "safety inspections". I can't figure how it was I purchased 5 defective Kimbers that had to be returned to the factory. Seems this "safety inspection" should have caught those defective pistols.
Click to expand...

Hoot! :) Enjoyed that.

And I thought my 2 new Kimbers were the only ones ever returned to the factory for problems... nice to know I'm not alone.
 
This could never happen because all cops are perfect and would never abuse their office as there are severe penalties for doing so that actually get imposed. O wait, that is in lalaland, not realville.
I got arrested for carrying my own gun in NY, with a carry permit that I had for 25 years. It's a long story but I was in my own hallway where I stoped a fight between my Doorman "who was pretty drunk", and a dozen cops, that a neighboor called when she saw the doorman, In uniform, on Christmas, having a shot to celebrate with a neighboor, it took me 18 freakin months to get my license back, and a dozen court appearences. They wanted to make sure I wasn't going to sue. My attorney ended up becoming a dear friend who ended up charging me a grand for the whole thing. They also scribed the case number on my custom ppk s, slide, thay ruined both guns on purpose. I found that this happens quite often in NY, cops joke about it. I then had to go before a Captain at Police Plaza, who reamed out the officer, who had forgotten all the particulars about the case. Same with the judge who finally read the complaint, he asked the DA, why was this man arrested?, no one knew why, he winked at me and said , Case dismissed. By the way, They wait you out hoping that you will just say , srew it, it's not worth it. You have to be ready for a costlly and long fight, but I made it clear from the beginning, that I would do whatever I had to do, to get my license back, especially since they never charged me until I went down to the precinct to get the poor doorman out on Christmas eve. So they let him out and cuffed me to a pipe for 4 hours, until they figured out what they wanted to do. That was in 1989-90 , I was never bothered any other time, even when carrying in plain view. I just pissed off the wrong guy, and he wanted to bust my chops. I was friendlly with a lot of detectives and neighboorhood guys, because I had a business there most of my life, it was one of the guys I knew that helped me get out, because he got my prints out of the garbage, when he saw what happened, they wanted to send me to rikers for the weekend tour. He said the sargent was a jerkoff who had just been passed over for a promotion. So you just never know.
Click to expand...
 
Not yet, but it will, if Hitlery gets her way.
Click to expand...

Oh look, it only took seven posts to Godwin this thread.

Look, I am no more in favor of HC than most of the posters here, but this sort of rhetoric, really makes us look like a bunch of tailgate hooligans. I respect your right to engage in it, but being on your side, I wish you wouldn't.
 
Yep, it's a sad state of affairs, but the reality is that all it takes is someone to go to court and lie to get a temporary restraining order. The threshold is minimal and easy to get one. This is an 'ex parte' order, meaning you had no right to be present. Once served, the 'accused' must dispose of his guns with the police or other means until this is resolved. Then the 'accused' has to basically 'prove' his innocence, or basically the accuser only has to show by a more likely than not burden that a permanent order is necessary, which means a huge problem for the accused. Lawyer fees, time off work, stress, interuption of daily life, and a serious penalty for not abiding by the court order, including a 5 year prison sentence for violating Lautenburg. Write Congress in opposition of this law.
 
Does it mean that I'm a naive fool for hoping that this was a thread about some municipality where it is a misdemeanor to not carry a firearm?
 
The VT shooter situation is an excellent illustration of how the mental health thing works -- or doesn't (depending on your perspective).

Chu was before a judge, who DID rule that Chu had problems and required treatment. The judge actually sentenced him to treatment -- which he quickly stopped going to. But, the Federal law bars you from purchasing firearms if you have been involuntarily committed to a mental health institution. Chu was never committed, and so he was never reported to the NICS system.

As a result of Chu, a number of states are now reporting to NICS people who do NOT meet the Federal threshold for reporting. In other words, people who may be in treatment of varying kinds but who have NOT been comitted by court order to a mental institution. This is why veterans' groups are so up in arms -- it means that veterans are now afraid to seek treatment for post-traumatic stress disorder for fear they'll be reported and barred from firearms ownership.

Some time ago on this forum a member suggested that if you ever need mental health treatment, go to a shrink in a different city, use an assumed name, and pay in cash. That was before Chu and the knee-jerk reactions to the VT shootings. The suggestion had merit at the time it was made. It has a lot MORE merit today.
 
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