slicendice

Here it is, plain and simple. There are 9 Federal prohibitors. They are:

1) 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.
4)Has been adjudicated as a mental defective or has been commited to any mental institution;
5)Is an alien illegally or unlwfully in the United States;
6)Has been discharged from the Armed Forces under dishonorable conditions;
7)Who, having been a citizen of the United States, has renounced citizenship;
8)Is subject to a court order that restrains such person from harassing, staking, or threatening an intimate partner or person;
9)Has been convicted of a misdemeanor crime of domestic violence.

Argue what you will, but he had marijuana, has an open case in court concerning marijuana and has admitted using marijuana. If it looks like a duck, quacks like a duck....

statjunk

Geterdun2,

The only part of question E that pertains to you is the, "Are you a user". Obviously you could stop tomorrow and your answer to this would be no.

However, with that said, you have just indicated on a public forum that you fully intend to continue to use marijuana. You have just given potential proof against yourself.

As for the issue of using the stuff, I feel it just happens to be illegal. I think it is safer than alcohol in many instances and people don't smoke weed and beat the wife. However, I think it isn't a good thing to be smoking or drinking. In the end I'm sure you'll find you don't need it and wondered why you did it in the first place. It's called getting old.

Tom

geterdun2

slicendice - I am determined to find out the correct information. like i said, If i have been told by everyone I asked what the answer is, then this post would have ended on page 1 b/c if everyone says it, then im not an idiot, iwould take there word for it. but thats not the case - i have had numerous answers. im just trying to determine the definite truth, I dont give up easy if i feel there is something i can do about a certain situation. I love firearms and hunting and just b/c i smoked a smoked a bit of weed, doesnt mean im bad or even irresponsible enough to safely own a firearm and use one. also, i dont think i need professionalhelp as you are saying,it is illegal which concerns me to a degree, but i dont think its completely terrible morally, as long as its used save. i dont smoke crack you know lol. but i respect your opinion

bigcountry - I agree with you, but i guess the point they are making is that i have a official record of me associated w/ marijuana. my thought is that just b/c i used once, why does that mean i have to bea "user" forever, lol. why couldnt that citation make me say, "hey, marijuana is the worst thing in the world and ill never do it again". i could then answer "no im not a user". if the question said "have you been arrested for drug charge.." then i would have to say yes, but how do they know i use drugs...? thats what im trying to understand

bigbulls - i dont want to make you say it over + over ,im just putting forth what information i have collected from a multitude of sources. never did i say your wrong, and i respect your opinion and attempts to make me understand, sorry if im notundersting like you wantedme to, but im trying. I will defintely contact the BATF, right after i finish this post.

Briman - i see where everyone is coming from, bigbulls also. but, i have not been convicted of anything.

ok..just say, I was convicted of simple possession, no STET, a straight guitly plea, so now i have a misd. charge on my record, how long would i have to wait to get a firearm then? I mean a simple possession / misd. cant prohibit me from ever buying a firearm (can it?). would it be a year, a month, or what? in the application, i didnt see anywhere it said narcotics within the last year, or does it?

statjunk - when did i say iwill continue to use? i said i use here + there, which is what i have bee doing,but i could stop today, fill out the form saying "no, i dont use drugs", and not be lieing about anything b/c i dont really use them. thats where im gettin confused. just because i have a STET (or even a formal), why does that make me a "user" 100% all the time forever? dont people give things up? just to go even farther, what if i said "no i dont use drugs" on form, I get the firearm, and then a month down the road start smoking again, i did not lie at the time of the purchase. im just given situations that could lead to a answer

to everyone, i appreciate everyones ideas, both supportive and non, and thank u guys for trying to help me out. im going to contact the BATF and see what they say and continue to consider your ideas. im not trying to "get around anything" and i defintely wont try to lie on the damn form lol, i dont want to go to jail for this, im just trying to determine a legal, honest way to buy a firearm without being devious, or lie, or tamper w/ evidence lol none of those. thanks alot all

Lanse couche couche

Why not just go buy a gun out of state. The problems seems to be purchasing a gun in state under his current circumstances, not actually having one in his possession. Or am i way off base here?

As for the issue of pot, I would much rather see an occasional toker own a gun than someone who handles their guns while drinking. If that type of law was enforced, gun ownership would drop off quite a bit.

geterdun2

lanse CC- im not sure about different states, i beleive the problem (if there is one) would be with the FEDS, b.c like i said i called the State firearms licension division and he said that it wouoldnt stop me, so im guessing it might be ok with the state but the problem might arrise federally. i just wrote the ATF so we will see what they have to say.

i agree, i think pot is not great, but not the worst either. i dont drink or do any other drugs at all, so i feel a lil her e+ there is ok but now since i got this citation, i have not been doing it hardly at all. i never do while handling guns and have never had a problem b/c i have seen first hand what guns do to deer, and humans, and would never want to accidentally shoot someone (or myself) becuase i was high and misjudged something.

Lanse couche couche

Does your state require a federally issued permit to own a firearm? If they don't then i don't think that the feds would have anything to do with your possessing a firearm. Please note, I'm just thinking out loud and would be talking to a lawyer if i was you.

geterdun2

i agree, i will talk to a lawyer after, and if, the BATF replies to my email and see what they say. im not sure tho, im not familiar with process becuase i have never bought one, so all i have been doing is thinking out loud as well. i know, or think, the feds does a check, so im guessing i must have a FED permit. What is your state like? do you have to have a FED permit?

CalNewbie

No surprise there. Ask any question here, or on any internet forum and you'll get at least half a dozen different opinions. A lot of the folks here know guns and they have differences of opinion. Most folks probably aren't lawyers, the different answers is a good indication that you're not gonna get the real answer online. Sad as it may be, if you want an answer to a question regarding the law you're gonna need to talk to a lawyer. Get your paperwork together, get a copy of the questionnaire, and schedule some time with a criminal attorney. You don't want to make a bad situation worse.

I was talking with the owner of a gun shop I frequent, poking fun at the questions and asking who would ever answer "yes" to any of those. He explained how all he hears on the background check is a yes or a no, however that "no" is usually followed-up by a knock on the door of the guy who tried to buy the firearm by law enforcement. Worse would be to have your paperwork get joined up after the fact and they decide you'd lied on the form and already had the gun.

geterdun2

good point. i would hate to be innocent and simply make a bad judgement on the application and have FEDs knocking on my door - not my idea of a good day. so yea i will hear what the ATF says and then contact a lawyer. i didnt realize how easy it would be for me to be honest and answer no, but for the FEDS to see it differently and lock my ass up lol, for something that i didnt knowingly and unlawfully commit.

Lanse couche couche

Geter,

I live in Ohio where no permit is required. I have bought one gun, a rifle, since moving here. They did a 10 minute background check and i walked out of the store with the rifle. Before that, I lived in illinois where a gun permit is required to purchase or possess a gun or buy most ammunition. However, if you are a non-resident and are in Illinois to hunt, you don't have to have a permit to possess a gun. Go figure.