Simple Battery , Purchasing handgun ?

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  • dirk70301

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    Nov 14, 2009
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    Thibodaux , LA
    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 ?
     
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    oldman45

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    Aug 22, 2010
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    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.
     

    dirk70301

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    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 .
     
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    dirk70301

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    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 .
     

    Bearco

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    Did it happen at a bigbox store who refused to transfer after a unanswered three-day delay?

    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.
     

    dirk70301

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    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 ?
     
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    oldman45

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    Aug 22, 2010
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    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.
     

    rebelray84

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    Amite,LA
    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
     

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