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Thread: Simple Battery , Purchasing handgun ?

  1. #1
    Jack of all trades dirk70301's Avatar

    Simple Battery , Purchasing handgun ?

    My neighbor was denied in a handgun purchase a few weeks ago. He said he had plead guilty to misdemeanor RS14:35 Simple Battery and completed his sentance back in '02 or '03. After his denial he requested a copy of his crininal background check from the local sheriffs office . As he thought , his record was clean except for the RS14:35 simple battery charge . He and I have searched the web to find if this is the reason he was denied a purchase and have come up empty handed . Anyone know of any reason for this , and if it stopped his purchase of a handgun would it keep him from buying a long gun ?
    Last edited by dirk70301; August 31st, 2010 at 08:13 PM.

  2. #2
    Instructor
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    Bearco's Avatar
    Did it happen at a bigbox store who refused to transfer after a unanswered three-day delay?
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  3. #3
    Marksman

    Premium Member
    It depends on the Simple Battery charge.

    If it was against a spouse or female, he is SOL. My nephew cannot own a gun after pleading guilty to Simple Battery. He hit his wife and then pushed her up against a wall. That is the same as Domestic Violence but under a different charge.

  4. #4
    Instructor
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    It depends on the Simple Battery charge.
    True. Was he convicted under this?

    RS 14:35.3 (Domestic abuse battery)

    How did he answer this question?

    From a 4473 form:
    Have you been convicted in any court of a misdemeanor crime of domestic violence? (See Important Notice 6, Exception 1 and
    Definition 4.)
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  5. #5
    Jack of all trades dirk70301's Avatar
    Quote Originally Posted by BearIT View Post
    Did it happen at a bigbox store who refused to transfer after a unanswered three-day delay?
    I believe so . He called the dealer back on the forth day . The dealer had to call him back to let him know he was denied .
    Last edited by dirk70301; September 1st, 2010 at 03:21 PM.

  6. #6
    Jack of all trades dirk70301's Avatar
    On his background check it shows as RS14:35 simple battery . If he plead guilty to domestic violance it should show as domestic abuse battery RS14:35.3 . Am I correct on this ? He also says it was not a family member or spouce just some Joe off the street .

  7. #7
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    Quote Originally Posted by BearIT View Post
    Did it happen at a bigbox store who refused to transfer after a unanswered three-day delay?
    Quote Originally Posted by dirk70301 View Post
    I believe so .
    If he received a delay, after three days the store can legally transfer the firearm to him if no response has been received on it. Some big box stores refuse to transfer if they have not received a response. If this is what happened, tell him to go to his local dealer.
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  8. #8
    Jack of all trades dirk70301's Avatar
    This is a new subject for me , so if somone is convicted of Misdemeaner Domestic Violance they can not own , purchase or possess a firearm . They loose their right to bear arms as a felon does . Does the 10 year automatic pardon work in this case also ?
    Last edited by dirk70301; September 1st, 2010 at 04:03 PM.

  9. #9
    Marksman

    Premium Member
    Quote Originally Posted by dirk70301 View Post
    This is a new subject for me , so if somone is convicted of Misdemeaner Domestic Violance they can not own , purchase or possess a firearm . They loose their right to bear arms as a felon does . Does the 10 year automatic pardon work in this case also ?
    Most likely, the man is banned for life.

    I have not ran the laws out on this but at first blush, I looks like it is like a DUI and follows someone for life.

  10. #10
    Marksman rebelray84's Avatar
    Quote Originally Posted by dirk70301 View Post
    This is a new subject for me , so if somone is convicted of Misdemeaner Domestic Violance they can not own , purchase or possess a firearm . They loose their right to bear arms as a felon does . Does the 10 year automatic pardon work in this case also ?
    That's correct.Even thou a misdemeanor with that domestic violence tacked on it takes away the right to keep and bear arms.That little dandy goes back to the Bill Clinton days.Thanks Bill!......a**hole
    "Blessed are the peacemakers for they shall be called the children of GOD."

    "GOD made man,Samuel Colt made them equal."

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