Can a previous arrest affect a person’s ability to get a gun license? Or can only a conviction affect this?
Arrests which do not result in convictions of some kind are completely and utterly irrelevant to much of anything, except to cops.
Anyone says otherwise, you can take him to court. If you are not found guilty of anything in a court of law, legally, you are presumed to be as innocent as a baby, regardless of how often the cops drag you in for questioning.
To be specific, a felony conviction means one cannot legally obtain a gun permit in the U.S. Misdemeanor convictions do not necessarily prohibit one from owning a gun.
What if the case is still pending? For example, Person X is arrested for battery and is out on bail and tries to buy a gun.
Hmmmmm, I don’t think I’m liking the general trend of this.
An arrest does not mean anything, anyone can be accused/arrested for anything.
In America, a citizen is innocent until proven guilty.
If the battery was domestic violence related, or if there is a domestic violence injunction or restraining order against the person, then he cannot purchase the firearm
If he was arrested for simple battery, or any non-domestic violence related misdemeanors he can purchase the firearm. Even if convicted, he can purchase the firearm, so being out on bail doesn’t matter. However, once convicted, a condition of probation may be “no possession or firearms”. If that is the case, then you will be violating your probation if you buy the gun after you were convicted and sentenced to probation for some simple theft.
You wont be committing a federal firearm violation, however. You’ll only be violating your probation.
Not necessarily. If a person is out on bond awaiting trial for a felony charge, he cannot purchase a firearm. He can, however, possess a firearm previously purchased legally.
After conviction, however, he would not be able to possess his previously bought guns or buy new ones though.
[hijack]Unless you are dealing with the IRS.[/hijack]
Carry on.
I know somebody that was arrested for possession of pot. The state police did not approve the hand gun purchase made after the arrest and before court. After calling the SP and explaining that the max penalty is not more than 1 year and $1000, they approved the purchase before the court date. It seems that in that persons state, even a conviction for the pot would not have barred the approval. It is based on the <1yr/$1,000 penalty of the crime. - BTW, I think the person got a PBJ when it was all over.
A Peanut Butter and Jelly sandwich? Plea Bargain Judge? 
It depends a great deal on the state you live in. A felony conviction will permanently bar you from purchasing a firearm from a licensed dealer - that’s federal law. But some states (like Massachusetts) have licensing schemes which make certain classes of licenses discretionary - some govt. official (e.g. the Chief of Police in your town of residence in MA) has total discretion whether or not to issue the license. If he decides to pull up your arrest record and make his decision based on that there’s very little you can do about it.
A few months ago I looked into obtaining a FFL for myself.
When reading about the licence I was surprised to learn that not all felonies necessarily will disqualify you from obtaining a gun permit.(which is the way it should be imho)
iirc you need a judges okee dokey to get the licence.
They also said that now,after 9/11, it is pretty had to get a judge to ok it.
So before someone hollars for a site I’m looking for it.
Its been a while and my first look didn’t come up with it.
Damned computer locked up so this may show up twice.
Not exactly what I remembered and not the same site but here is the info.
From ATF Online - Firearms FAQ…
(A10) Q. How can a person convicted of a felony apply for relief from firearms disabilities? [Back]
A. Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing firearms. (See 18 U.S.C. section 922(g).) The GCA provides the Secretary of the Treasury with the authority to grant relief from this disability where the Secretary determines that the person is not likely to act in a manner dangerous to the public safety. (See 18 U.S.C. section 925©.) The Secretary delegated this authority to ATF.
Since October 1992, however, ATF’s annual appropriation has continuously prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities. This restriction is located in Pub. L. No. 107-67, 115 Stat. 514, which contains ATF appropriations for fiscal year 2002. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals. Consequently, we cannot entertain any individual’s request for firearms restoration while this prohibition on the processing of such applications remains in place.
Furthermore, the restriction contained in Pub. L. No. 107-67 does not change the status of prohibited persons. They are still prohibited from possessing, receiving, transporting, or shipping firearms under Federal law.
(A11) Q. Are there any alternatives for relief from firearms disabilities?[Back]
A. Current alternatives as follows:
Persons convicted of a Federal offense may apply for a Presidential pardon. Sections 1.1 through 1.10 of the Code of Federal Regulations, Title 28, specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice, 500 First Street, NW., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.
Persons convicted of a State offense may contact the State Attorney General’s Office within the State in which they reside for information concerning any alternatives that may be available.
Well there you go. I didn’t think they had any chance.
PBJ = Probation Before Judgment.
No guilty plea or conviction - often used for first time offense or non serious stuff.