Not to talk down to you, but arrest does not equal conviction. You should have beaten the rap at trial if things were as you say. I would check to be sure. Most states have a first time deferral program where you go to anger management or some such nonsense and in exchange the charges are dropped.
If that is what happened, then you were not convicted.
No, I was convicted. I admitted to the police that I slapped her, because I had. I told them the truth, and they arrested me and not her, possibly due to the kids being asleep in what at the time was technically her place when this occurred. I was given a suspended sentence, probation, a small fine and anger management classes. SO that is on my record as a conviction for domestic violence, I’m afraid.
Anyway, I went to the gun shop today and explained my situation and I decided to go on ahead and fill out the paperwork and they are running it through. I need to know if I am even going to be able to purchase a gun. And if I get denied, if there’s anything I can do about it.
This week if it all works out, that tax return is burning a hole in my pocket!
Well, there goes my idea. The OP had said they’ve fired & loved firing a Mossberg. I was going to say “Shorty, you’re my my angel, you’re my darling angel. Closer than my peeps you are to me, baby…” 
Sorry to hear that. You might want to look into your state’s procedures for expungement, restoration of civil rights, or clemency/pardon. That was always a ridiculous law and it needs to be done away with.
Be sure not to lie on the Form 4473 where it asks have you been convicted of DV. It’s a federal felony to lie on the form (but I doubt they will send agents after you).
Thanks. I didn’t lie on the form. It was the only box I checked “yes” on. I pled guilty to misdemeanor battery…there’s no mention of domestic violence in the charges, but…either way, since I checked “yes”, I think I am screwed. Either way, at least it will be an interesting experiment to see if I slip through the cracks, so to speak, or not.
Sorry FoieGrasIsEvil, but you’re almost certainly screwed since the form itself says:
and the domestic violence question is 11.i. It doesn’t matter what the results of the background check are. You can’t answer yes to any of the b through k questions.
Patrick Star: “We’re waiting…we’re waiting…”
Well…I cleared the background check. The Feds never called back and the gun shop said that by Friday (today) if I hadn’t heard anything from the dealer that I could come in and purchase a gun. I got the .45 I was eyeballing, two boxes of FMJ Federal ammo, a cleaning kit and a trigger lock. Now I need to find a place where I can safely shoot the thing.
What, you mean straight up in the air isn’t an option…c’mon celebrate a little.
Ha, yeah, then I will lose the gun and then REALLY not be able to buy another one! Sometimes I wish that I owned about 30 acres of scrub land…and by sometimes I mean right now!
Aren’t you in the central time zone (I’m thinking you’re in Chicago). There’s probably a range open for another couple of hours somewhere. I haven’t gone shooting yet, but I’ve looked and the ranges are open until 6 on weekdays by me (Milwaukee).
Good for you, FoieGrasIsEvil, happy shooting!
I have primary custody of my sons right now, so I have to go pick them up from school, make them dinner, do homework…Mr Mom stuff. Perhaps they will allow me to shoot apples off their heads in the backyard before sunset.
I think I am going to try to go and shoot on Tuesday, my next day off from work.
Well, isn’t that something. I’m curious about how you made it through the check, but I’m happy for you that you did. Congratulations, be careful, and happy shooting.
Might as well go all out and shoot lit cigarettes out of their mouths.
When background checks started there was a clause that if the gunshop didn’t hear back within a certain amount of time (3 days?), you were in the clear. It seemed to me (at the time) it was a way to make sure that the people who do the checks don’t drag their feet. I don’t know if the gun shop is supposed to get an OK if you’re OK, but it sounds like they didn’t hear back. Perhaps Foie isn’t in the clear but got through on a technicality. I remember when the background checks first started that was happening from time to time.
That’s pretty much the reason. The Feds never called back. The gun shop told me that if they didn’t hear back from them by today to come in and buy a gun if I wanted to. We had to use the Stoeger’s information as if that was the gun I was going to buy, which turned out to be the one I had pretty much wanted anyway.
ETA: I’ve been wondering if its possible that the Feds could call the store on like Monday or something saying “Don’t sell that guy a gun! He’s a convicted batterer!” and the gun shop calling me up and telling me I have to return it. Seems unlikely but I guess you never know.
From here:
“If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.”
What I’m getting from that page is that the store gets a response within 30 seconds of yes/no/delay. They got a delay and were told (by the feds) to hold on to the gun until Friday and wait to hear back. They didn’t hear back and so it was up to them. Maybe the feds are still working on it. Maybe the non-response is the same as an “ok” or maybe the non-response was their way of saying “Well, we see what happened and it was a long time ago, let’s let the shop keeper figure it out” and if you looked like a jerk that was ready to kill his girlfriend he would have said no. But you looked like a nice guy and the shopkeeper said “I don’t know what that was all about…here’s your gun.”