Can an arrest with no conviction prevent me from buying a handgun?

Discussion in 'Cast & Blast' started by lylelovett666, Jan 26, 2012.

  1. Alex MacDonald

    Alex MacDonald that's His Lordship, to you.....

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    "if you were arrested for an offense that is on the list of "you don't get no gun" offenses, then you may see your gun buying delayed while they look into it to make sure that you weren't convicted or that there aren't other issues.'

    Not correct. No conviction=no offense, regardless if you were arrested for anything. This is national, not regional, as it deals with a civil right. Also, the restraining order is pretty much universal among all the states now, but you have to have the order in force. It deals with purchase; they can't just bust in and confiscate your firearms without due process, which an RO is not. If you want to find out if you're ok to purchase a handgun, just go down and get a concealed carry permit from the sheriff's office. If you get that, you're not on anybody's "bad" list, and you aren't subject to the waiting period, either.
     
  2. boboo_3

    boboo_3 Cool Member

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    hmmmm... says the FSO
     
  3. jeff bandy

    jeff bandy Make my day

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    Federalnaya Sluzhba Okhrany?
     
  4. Thomas Williams

    Thomas Williams Habitual Line Stepper

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    You must be convicted of the crime to be guilty, No arrest will even turn up on your record!
     
  5. Alex MacDonald

    Alex MacDonald that's His Lordship, to you.....

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    Where the offense (arrest) hasn't been posted, ie you haven't been charged yet, they can delay the purchase until that's decided-and it has to be within 72 hours, I believe, but they can't outright deny your purchase unless you've been convicted. Calling in your purchase is federal, the National Instant Check System, not state. It's part of the record keeping requirement contained within the 1968 firearms act, and by federal law, cannot be used or construed as a "registration". There's no "registration" of firearms in Washington state, and when they're calling it in, they're checking on you, to see if you're not on a federal watch list. In a lot of cases where this breaks down, is when states don't share information with the federal system, especially mental health info, thanks to the privacy laws. That guy back East who shot a bunch of students at that college is a classic example, as well as the lunatic that shot the senator and a bunch of others.