Narcotics possession & NICS

[Danb1215]

Again please read my above post, very relevant to the OP. A misdemeanor drug arrest/conviction prevents you from buying guns for a period of time.

 

[Trader Ray]

That is real good advise above this post, do you know if a FBI back ground check is a cover all, for instance I have had the B/G check for my CDL with Haz Mat by the FBI and can haul anything loaded in my rig. I wonder if that check is a routine check and the same for buying a firearm? I also am not knocking anyone, but want to make it clear that the trouble I mention in my above post was not drug related nor a violent offense. The post I am talking about is post 23

 

[GRIZ22]

He was convicted of some charge, otherwise he wouldn't have had to do classes and community service.


Maybe not. Where I worked as a police officer the state law had a "probation before judgement" for people 18-20 that were caught with personal use ammounts of marijuana. The judge could make things like a education class a condition of this. If you went to the class and didn't get in any kind of trobule you wouldn't have a conviction but a sealed court record.

 

[GRIZ22]

I wish I had a written cite of this somewhere online. According to a lady at the ATF the "unlawful user of narcotics" part of the prohibited persons list includes anyone even arrested but not convicted for 1 year after the final disposition of the case.
Example:
You're arrested on February 1st 2011 for misdemeanor drug possession.
You're arraigned on February 15th 2011
You're convicted/acquited/jury hangs on March 15 2011

Regardless of the above outcome you're going to fail the NICS check until March 15 2012.



Obviously that scenario is not only stupid, but completely illegal, but according to the people at the ATF licensing division that is what the FBI uses to determine an "unlawful user of narcotics" and they claim that it is federal law

Not stupid you aren't guilty of something until found so by the court.

 

[hinshawracing1]

what about setting up a trust?I know that some poeple do it with machine guns?I think it go like is -instead of a person taking ownership of gun,the trust is the true owner of it..

 

[deacon8]

If you got convicted, they won't let you purchase a firearm for a year (from the time of the charge). You know that "drug user, addicted to drugs" part of the form. You will get a "hit" on that...

Any drug charge...a hot UA with a probabtion officer...anything like that, will show up. It doesn't matter if it was a felony or misdemeanor. And yes, you can appeal, but that takes about 6 months just to get an answer (which could still be "no"). I'm sorry to tell you, but you might be looking at a year with no new firearms...

 

[Danb1215]

Deacon has it spot on except that a conviction isn't required. Win, lose, or draw on a drug case and the FBI considers you an unlawful drug user until 1 year has passed since the final disposition of the case.

 

[Tape]

I don't believe he's telling the whole story.

 

[Art Eatman]

We can speculate and wander around this subject until the Devil goes to selling ice cubes, but the OP is best off if he sticks with his own lawyer's advice.