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    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #1

    Dec 7, 2007, 08:53 PM
    Gun purchase after felony reduced to misdemeanor
    Complicated questions.


    6 almost 7 years I was convicted of aggravated battery. 60 days county jail and the remainder of a year on probation. With restitution and court fee's the be paid before release from probation.

    I completed probation with no blemish's and paid restitution on time as well as court fee's I was as quote a model probate. And the end of my sentence the charges were to be lowered to a misdemeanor assault I believe all though I don't remember. I haven't even been convicted of a traffic offense since. And in fact have made several friends inside the police force in the last 2 years providing info to help clean up my own neighborhood.


    My question is can I own a rifle for hunting purpose's possibly a handgun? Or do I need to go through the process of having my record expunged.


    If anyone is capable of running my background check I would be glad to provide you the information needed. I have a 480 credit score and no checking or banking accounts so I'm not worried about identity theft. :D


    Any help or information is appreciated thank you.
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    rubber ducky Posts: 9, Reputation: 1
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    #2

    Dec 7, 2007, 08:57 PM
    I live in Illinois by the way if that helps with specific laws.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Dec 7, 2007, 09:04 PM
    Oh boy, Illinois is one of the toughest on gun laws.

    However, since your charge was battery, whether felony OR misdemeanor you will be unable to get a firearm of any kind other than a blackpowder.
    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #4

    Dec 7, 2007, 09:12 PM
    So I need to seek expungement then?
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    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Dec 7, 2007, 09:18 PM
    If you can. Expungment can be quite hard to get. You will most likely need an attorney.
    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #6

    Dec 7, 2007, 09:25 PM
    I have a few friends that can help me out a great deal. :D
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #7

    Dec 7, 2007, 09:26 PM
    Good luck to you.
    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #8

    Dec 7, 2007, 09:31 PM
    Thanks


    Still like to hear from others though.. I read something on the law in Illinois and it seems rather confusing
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    #9

    Dec 7, 2007, 09:34 PM
    What did you read?

    My family owns a major gun store in Tennessee, so I am pretty well versed in the law as we sell firearms all over the country via the internet.

    You can check us out at Brighton Arms Specials
    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #10

    Dec 7, 2007, 09:40 PM
    http://www.nraila.org/statelawpdfs/ILSL.pdf


    I stand any chance in Missouri?

    I live 20 minutes from Missouri :D
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    J_9 Posts: 40,298, Reputation: 5646
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    #11

    Dec 7, 2007, 09:46 PM
    I haven't read that link yet, hold on...

    But, since you are a resident of Illinois it is very hard to get a gun in another state unless you have an ID and a residence in that state. The background check is the same in all 50 states.

    It is an NCIC check (National Crime Information Center) run by the FBI. It is the central database for the entire United States.

    You will have to fill out a form 4473... here is a sample of the form

    DRAFT ATF F 4473 (5300.9)

    So, Missouri will run the same check as Illinois... as we do in Tennessee, etc.

    Now I'll go check the link to see if I can explain a little better.
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    J_9 Posts: 40,298, Reputation: 5646
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    #12

    Dec 7, 2007, 09:49 PM
    Okay, what confuses you exactly? Is it this?

    Has not been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed.
    • Has not been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998.
    • Has not been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998.
    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #13

    Dec 7, 2007, 09:55 PM
    Quote Originally Posted by J_9
    Okay, what confuses you exactly? Is it this?

    The whole thing confuses me honestly


    I've had a background check come back clean before with nothing and because of my individual situation iw as able to get my non conviction arrest record wiped clean.


    I suppose really my best bet is to apply and spend the 5 bucks. Its just 5 bucks. From what I understand from a few editorial sites I stumbled upon doing this research they are over flooded with request so maybe ill fall through a crack as scary as that sounds. I'm not dangerous or anything just wish to become a gun collector and don't feel I should be punished for something I did as an adolescent.
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    #14

    Dec 7, 2007, 10:00 PM
    Ah, you were an adolescent? Under age 18? Were you charged as a minor or adult?

    This puts an entirely different spin on things.

    Oh, and last I worked at the shop, the NCIC was $10, it may have been raised, I'll have to ask my hubby when he gets out of the shower. It's his shop and he is the master gunsmith there.
    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #15

    Dec 7, 2007, 10:04 PM
    Quote Originally Posted by J_9
    Ah, you were an adolescent? Under age 18? Were you charged as a minor or adult?

    This puts an entirely different spin on things.

    Oh, and last I worked at the shop, the NCIC was $10, it may have been raised, I'll have to ask my hubby when he gets out of the shower. It's his shop and he is the master gunsmith there.

    Technically I wasn't an adolescant but I was still in that frame of mind

    Lets face it they say your mature at 18 but no male matures until after 21 ;) and most of us don't mature a whole lot ever :D


    Anyway I was going to file for my foid and see what happens it's a 5 dollar fee and the state police run the background check.


    And if nothing else ill file for an expungement and then start filing job aps to be a police officer.
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    #16

    Dec 7, 2007, 10:08 PM
    Oh, $5 for the FOID, I see now. Tennessee does not have an FOID. It's worth a try, you can't be arrested for trying. I have had to turn many people down who got denied through the NCIC background check, and many of those got their records cleared that way too. Go for it!!

    I know you see my title as health expert, but I am also a licensed concealed carry nurse, LOL

    I'd run your check for you, but I am at home, not the shop, and the info needed is kind of extensive, a little too extensive via the internet. You would not want to post all the info here as identity theft is a possibility. Info required includes but is not limited to your SSN, birthdate, state of birth, etc... and anyone could then get a credit card in your name and ruin your perfect credit.
    rubber ducky's Avatar
    rubber ducky Posts: 9, Reputation: 1
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    #17

    Dec 7, 2007, 10:21 PM
    Quote Originally Posted by J_9
    Oh, $5 for the FOID, I see now. Tennessee does not have an FOID. It's worth a try, you can't be arrested for trying. I have had to turn many people down who got denied through the NCIC background check, and many of those got their records cleared that way too. Go for it!!!

    I know you see my title as health expert, but I am also a licensed concealed carry nurse, LOL

    I'd run your check for you, but I am at home, not the shop, and the info needed is kind of extensive, a little too extensive via the internet. You would not want to post all the info here as identity theft is a possibility. Info required includes but is not limited to your SSN, birthdate, state of birth, etc......and anyone could then get a credit card in your name and ruin your perfect credit.

    Ill be more than happy to provide that info my credits unfixable and I've got bankruptcy

    I have no issues with giving it you via email if you could do that for me

    My email is EMAIL REMOVED
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #18

    Dec 8, 2007, 10:47 AM
    You see, although I am part owner of Brighton Arms, I no longer work there as I am a full time Nursing student. Therefore I don't have access to the NICS background check system. Even if I did, when entering your info we also have to enter the make model and serial number of the firearm being purchased. And it still costs me $10.

    Now, you would be better served IMO getting your FOID done up there for a $5 fee.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #19

    Dec 9, 2007, 06:18 AM
    Hello Rubber:

    Let's see, you're a snitch and a liar. Dude! You'll make a wonderful cop.

    excon

    PS> Aggrivated battery?? That means you like to hurt people. Yeah, you'll make a good cop.

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