How does a background check while buying a firearm in texas work?
What would flag one as ineligible. I mean right now I may have a parking ticket from campus police in ohio(where i go to college) yet to be paid because it gets put onto my overall tuition bill which gets paid every few months or so. would that make me ineligible to buy a gun?
I know it sounds stupid but in this day and age when the “ruling class” thinks we are too dumb to run our own lives I can never be too sure what now constitutes an individual being a criminal.
November 25th, 2011 at 4:06 am
At this time, you can go to a local law enforcement agency & see if they will do a background check on you & see what shows up. then, if anything serious shows up, will it prevent you from buying a gun ?
November 25th, 2011 at 4:42 am
Parking ticket?. . . . . . I am trying not to laugh. . . . . . . .
No — Parking tickets don’t meet the criteria to prevent you from owning a firearm. . . .
Felony convictions are what would prevent you from owning a gun. . . Things like rape, robbery, burglary, assault with a deadly weapon – stuff like that. . . . . .
Your fine. . . . Just stop by a firearms dealer. . . . Pick out what you want, produce a drivers license or state issued non drivers ID, fill out a form, wait a few minutes for the background check. . . It will come back ok, cough the cash up and your on your way. . . . . Its not as if your filling out a mortgage application and are waiting for approval. . . . . . .
November 25th, 2011 at 5:13 am
Just to clarify, being a convicted felon (or someone convicted of assault family violence) does not keep you from owning a firearm. Under the USC TITLE 18 PART I CHAPTER 44 § 922
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (there is more but this is the “felon” part)
http://www. law. cornell. edu/uscode/uscode18/usc_sec_18_00000922—-000-. html
Nowhere in § 922 does it state a felon (or someone “convicted in any court of, a crime punishable by imprisonment for a term exceeding one year”) can not own a firearm. It is illegal to sell or give a firearm to someone knowingly or having cause to believe that someone is a “felon”.
Under state law someone convicted of a felony or a class A misdemeanor family violence has to wait 5 years after all their punishment is over to own a firearm and then only at their place of residence.
http://www. statutes. legis. state. tx. us/Docs/PE/htm/PE. 46. htm#46. 04
I will post the federal law concerning people that can not have a firearm sold to them (again does not mean that they can not own a firearm)
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U. S. C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U. S. C. 1101 (a)(26)));
(6) who [2] has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence.
This is Texas state law concerning people that can not have a firearm sold to them (again does not mean that they can not own a firearm)
http://www. statutes. legis. state. tx. us/Docs/PE/htm/PE. 46. htm#46. 06
Add:
Some posters have it backwards. If it is 5 years after someone has finished their punishment for a felony or a class A misdemeanor family violence, they are not prevented from purchasing a firearm (Texas Law).
Other people are prevented from knowingly selling them a firearm (federal law). For legal reasons this is a huge difference. This is how the news thinks. The federal government made it illegal to SELL to a felon. So the news starts telling everyone that it is illegal for a felon to own one. Not true.
So anyone that has never read any United States Code please do so before you tell others what the law is. If you don’t please state that “this is just my opinion”.
November 25th, 2011 at 5:40 am
To be prevented from buying a fiream – you need to be eiether a convicted felon or have spent considerable time in a mental instution and deemed mentally incompetent by a judge or doctor.
For just $5 you can walk into any DMV office and ask them to print off your arrest and driving record. Many companies requrie you do this and bring it in as a requirement for employment. You can do this if you want.
The most important thing you can do to avoid any troubles when buying a gun – is give them your optional social security number. I know – it sucks. But, this is the only one true way to prevent the background check process from mixing you up with a guy who has the same name – and a record.
Hope this helps
November 25th, 2011 at 6:25 am
You ever seen the 4473? The things listed on the form. Being a felon, having a restraining order, or a domestic violence misdemeanor.