I am new here but frequent several car forums so I will get this out of the way. I did do a search and did not find the answer I was seeking.
My brother and I were avid hunters with my father growing up and I still am with my father. But in 2004 my brother was convicted of a class D felony (Theft by Deception). He was 23 years old and clearly still being stupid. He conned people on the internet to send products to him he never paid for basically.
He served no jail time but was on house arrest for 3 months with work release. And probation for 1 year with restitution. He fulfilled all of his sentencing requirements.
He is now 31 years old, has 3 children, is an Indiana successful business owner, owns a very nice home, never been in any trouble since but a seat belt ticket. He has expressed interest in missing the annual hunting trips we took as children with my father and I still do today.
So I have started research the last couple days (which has lead me here) about felonies and hunting or buying a long gun. I have read the 2nd Amendment in its entirety and found this section of code.
18 U.S.C. 921(a)(20)(A)
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices, or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.
What constitutes a conviction of such a crime shall be determined
in accordance with the law of the jurisdiction in which the
proceedings were held. Any conviction which has been expunged, or
set aside or for which a person has been pardoned or has had civil
rights restored shall not be considered a conviction for purposes
of this chapter, unless such pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.
(21) The term "engaged in the business" means -
I feel that my brother may fall under this code. But since it did not call out specific felonies and only generalized it I am not sure. I am sure it is written like this on purpose because some states give different names to the name crime. But wanted other opinions.
I told him yesterday to go and try and buy a rifle and see what they say. I say a long gun only because he has never had any interest in hand guns and never will. The worst is they say "no we can't sell this weapon to you" is my feeling. His feeling is he would be embarrassed by it do to the fact he is a business owner and pretty known locally. (The crime happened several hundred miles away so the locals are not familiar with it.)
What are your opinions on if he would qualify or not. I am also researching a lawyer for expungement for him as an option.
Sorry for the long post.
My brother and I were avid hunters with my father growing up and I still am with my father. But in 2004 my brother was convicted of a class D felony (Theft by Deception). He was 23 years old and clearly still being stupid. He conned people on the internet to send products to him he never paid for basically.
He served no jail time but was on house arrest for 3 months with work release. And probation for 1 year with restitution. He fulfilled all of his sentencing requirements.
He is now 31 years old, has 3 children, is an Indiana successful business owner, owns a very nice home, never been in any trouble since but a seat belt ticket. He has expressed interest in missing the annual hunting trips we took as children with my father and I still do today.
So I have started research the last couple days (which has lead me here) about felonies and hunting or buying a long gun. I have read the 2nd Amendment in its entirety and found this section of code.
18 U.S.C. 921(a)(20)(A)
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices, or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.
What constitutes a conviction of such a crime shall be determined
in accordance with the law of the jurisdiction in which the
proceedings were held. Any conviction which has been expunged, or
set aside or for which a person has been pardoned or has had civil
rights restored shall not be considered a conviction for purposes
of this chapter, unless such pardon, expungement, or restoration of
civil rights expressly provides that the person may not ship,
transport, possess, or receive firearms.
(21) The term "engaged in the business" means -
I feel that my brother may fall under this code. But since it did not call out specific felonies and only generalized it I am not sure. I am sure it is written like this on purpose because some states give different names to the name crime. But wanted other opinions.
I told him yesterday to go and try and buy a rifle and see what they say. I say a long gun only because he has never had any interest in hand guns and never will. The worst is they say "no we can't sell this weapon to you" is my feeling. His feeling is he would be embarrassed by it do to the fact he is a business owner and pretty known locally. (The crime happened several hundred miles away so the locals are not familiar with it.)
What are your opinions on if he would qualify or not. I am also researching a lawyer for expungement for him as an option.
Sorry for the long post.
