Charge of a CL. A Mis. will stop you from owning a firearm, right?

[lambermk]

My brother was charged with two CL A Misdemeanors in 07 ( Assault causes bodily injury) which led to a conviction of a lesser charge in Texas. As well as two CL C Misdemeanors(traffic violations) in 04 which also led to a conviction of a lesser charge. Will he ever be able to own or purchase a firearm? We have had this argument for years now, he seems to think after 5 years the charges don't matter. I have told him the Misdemeanors will be with him for life and the only way, possibly, is to have them exponged?, is this true? we both reside in Alabama now he in Montgomery and myself here in Ohatchee (Gadsden).

 

[CoRoMo]

...he seems to think after 5 years the charges don't matter.

He's partially right. Charges don't really make a difference, but it has nothing to do with time frames.

...which led to a conviction...

Convictions are what make all the difference. What "lesser charge" was he actually convicted of? That's where the meat of truth lies.

You can be arrested and charged with all kinds of terrible things, but if you aren't convicted of anything, you have little to worry about... depending on the state you live in.

 

[malpaismike]

Hello the camp! I'm fairly sure it takes a felony conviction to void your civil rights; misdemeanor convictions do not. Gun ownership is within those rights, as are voting rights. When the offense is not violent or otherwise firearm-related, you may petition for return of those rights. hth mm

 

[mp510]

I can't find any state prohibitions on felons or misdomenants possessing rifles or shotguns. (They are still subject to federal prohibitions, as applicable).

13A-11-72 prohibits pistol possession by individuals who have "been convicted in this state of elsewhere of committing or attempting to commit a crime of violence" , drug addicts, and "habitual drunkards". Under Alabama law, a "crime of violence" is a term of art defined in 13A-11-70(2) and includes the commission or attempt to committ
-murder
-manslughter (except vehicular)
-rape
-mayhem
-assault w/ intent to rob
-assault w/ intent to ravish
-assault w/ intent to murder
-robbery
-burglary
-kidnapping and larceny

 

[NMCCWGUY]

As far as Federal Law goes it depends on the length of time the judge could have sentenced him to jail by the states law. If the misdemeanors he was convicted on could have carried a sentence for more than 2 years in jail per conviction then he is prohibited. Regardless of the actual probation or time he was sentenced to.

 

[CoRoMo]

...it takes a felony conviction to void your civil rights; misdemeanor convictions do not.

This is not accurate. Read Lautenberg.

http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban
The act bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse in all 50 states. The act also makes it unlawful to knowingly sell or give a firearm or ammunition to such person.

I can't find any state prohibitions on felons...

My state has law prohibiting this...

http://www.gustafsonlaw.com/PDF/Crim-DUI-Traffic/CRS_18-12-108.pdf
18-12-108. Possession of weapons by previous offenders.
(1) A person commits the crime of possession of a weapon by a previous offender ... if the person knowingly possesses, uses, or carries ... a firearm ... subsequent to the person's conviction for a felony, or ... conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law.

I'm not motivated to look through the statutes of other states though.

 

[NavyLCDR]

The OP did not give us enough information to make an accurate determination. We would have to know exactly what he was CONVICTED of, in what state were the convictions, what was the maximum sentence that could have been imposed for the CONVICTIONS, are there any restraining orders and what are the terms of the restraining orders, and what state he currently resides in now. What he was charged with really has no bearing on it. Absent those facts, everything is just conjecture and has a 50% of being wrong.

Although, we can answer the OP's question, "Charge of a CL. A Mis. will stop you from owning a firearm, right?" with 99% certainty... NO. Charges almost never matter unless there is an formal indictment procedure.

 

[lambermk]

There was a year unsupervised probation on the assault charges in Texas. As far as the Class A mis. they were reduced to Class C, and the Class C Mis cases were reduced to disordly conduct. There were no other charges or restraints. And he has remained out of trouble ever since.

Well I appreciate the intel and i will pass it on. Thanks a bunch, I tell him to go get a permit. And As I stated he lives in Alabama

 

[CoRoMo]

I don't think we can say for sure that he's clear and able to buy firearms yet.

...what was the maximum sentence that could have been imposed for the CONVICTIONS...

This is something that could keep him from buying firearms, and if so, it could also prohibit him from a permit. Whatever he was convicted of, whatever they may be, if it COULD HAVE carried a sentence of a year or more in jail, he could be prohibited from buying.

Notice question 11.c on the 4473 form here... http://ocshooters.com/Gen/Form-4473/ATF-FORM-4473-pg1bg.gif

c. Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including prohibition?

Just because he DIDN'T do a year in jail, doesn't mean he wasn't charged with something that carries that level of sentence.

 

[HorseSoldier]

The big either/or on a misdemeanor conviction will be whether it was related to a domestic violence crime or not. If it was, he's going to have problems.

And living in Ohatchee? Really? . . . just kidding. Nice enough part of the state if you don't mind rural.

 

[NavyLCDR]

Well I appreciate the intel and i will pass it on. Thanks a bunch, I tell him to go get a permit. And As I stated he lives in Alabama

You do know that owning and possessing firearms is unrelated to a carry permit? Many people are eligible and legal to own and possess firearms that don't meet their state's standards for a carry permit.

 

[lambermk]

@ HorseSoldier Plenty of room out here to squeeze off rounds without being bothered and I like that just fine. And you being from way up there I am even surprised you know where it is at. My family and I moved out here from Killeen, Texas, Ft. Hood (YUCK) and we stayed. Though originally my wife and I are from South Central LA,Lower Alabama. Were from around Lake Martin, Kowaliga area. And also she has a sister who lives in Alaska.

@NavyLCDR No sir I did not know that, I must say I am not up to speed on all the gun laws of my great state. It is one of the reasons I have joined the site, that and the fact that I wanted to learn more about the weapons I have.

 

[Cop Bob]

Post #9 Covers it...

Quote:
c. Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including prohibition?

And that screws him... is it right, doesn't have to be.. it's the Law.... or in the words of Tony Soprano "Ain't Nothin in the Constitution About Being Fair Son."

 

[NMCCWGUY]

Here is Texas Penal code for 2005 for what it is worth:
§ 12.03. CLASSIFICATION OF MISDEMEANORS. (a)


Misdemeanors are classified according to the relative seriousness
of the offense into three categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors;
(3) Class C misdemeanors.
(b) An offense designated a misdemeanor in this code without
specification as to punishment or category is a Class C
misdemeanor.
(c) Conviction of a Class C misdemeanor does not impose any
legal disability or disadvantage.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 12.21. CLASS A MISDEMEANOR. An individual adjudged
guilty of a Class A misdemeanor shall be punished by:
(1) a fine not to exceed $4,000;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 12.22. CLASS B MISDEMEANOR. An individual adjudged
guilty of a Class B misdemeanor shall be punished by:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and confinement.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 12.23. CLASS C MISDEMEANOR. An individual adjudged
guilty of a Class C misdemeanor shall be punished by a fine not to
exceed $500.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1991, 72nd Leg., ch. 108, § 1, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

 

[NavyLCDR]

And that screws him... is it right, doesn't have to be.. it's the Law.... or in the words of Tony Soprano "Ain't Nothin in the Constitution About Being Fair Son."

How does that screw him? It sounds like he was never convicted of anything carrying a jail sentence of greater than one year. According to Texas penal code he could have been convicted of a class A misdemeanor and be OK to possess firearms, at the Federal law level.

 

[bikemutt]

The court documents should have all the information needed to answer the question. If he doesn't have those, they are generally available online direct from the counties of conviction for a small fee, especially if you don't request certified copies. These records should state clearly what statutes the convictions were obtained under, from there one can determine the maximum sentences.

If it still looks unclear at that point, arrange a consultation with a lawyer skilled in these matters.

 

[CapnMac]

Well, from that citation of AL law above, seems to revolve on the definition of assault--but would only affect pistol ownership in AL.

If there is any flavor of "domestic" in the Texas Conviction, though, that's Federal, and would create a prohibited person status.