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Thread: old duis
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April 14th, 2013, 11:46 PM #1Junior Member
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old duis
I am 35 and thinking of purchasing a handgun. I had 3 dui's in NC a while ago(the latest being in '05). I was young and dumb and have since straightened myself out and started a family, have a good job and rarely drink anymore. It was not a felony and i cannot remember if the maximum sentence was more than two years(i think the max may have been two years but i got 30 days). Would I have a problem passing a background check and is there a way I could run a check on myself to see. Thank you
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April 14th, 2013, 11:52 PM #2Super Member
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Re: old duis
Welcome to the forum!
Your best bet is to post exactly what you were charged with..I'm sure that info would be needed by anybody who can help you figure that out.
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April 14th, 2013, 11:58 PM #3Junior Member
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Re: old duis
Thanks, I've been trying to find my Paper work. It's been a while and not even sure if I still have it.
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April 15th, 2013, 12:06 AM #4Super Member
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Re: old duis
this may help
http://webapps6.doc.state.nc.us/opi/...do?method=view
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April 15th, 2013, 12:10 AM #5Junior Member
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butler,
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Re: old duis
I appreciate the help. What I could find on there it said dwi level 1
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April 15th, 2013, 12:21 AM #6Super Member
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Re: old duis
We're your three offenses within ten years of each other?
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April 15th, 2013, 12:37 AM #7Junior Member
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butler,
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Re: old duis
Yes. They were within ten years. I got the minimum sentence. The max was 2 years min. 30 days. If it would keep me from purchasing a gun is there anyway to change that, since it is not a felony? Would it be wise to go to the gun shop and explain the situation to them and have them run a check?
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April 15th, 2013, 12:54 AM #8Super Member
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Re: old duis
https://www.ncdps.gov/index2.cfm?a=0...,000935,000939 level one says max sentence two years
http://www.atf.gov/forms/download/atf-f-4473-1.pdf has questions for sentences over one year as seeming to disqualify.
I'm going to say you're probably not eligible but I'm not a lawyer, and I'm just doing my best to help you figure your stuff out.
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April 15th, 2013, 02:17 AM #9
Re: old duis
You have to read the definitions section of the federal law (or the back of the 4473) to see that the "crimes punishable by more than one year" prohibition is modified to exclude state misdemeanors that are punishable by not more than 2 years.
There's also a prohibition if your 3 DUI's fall within a specific time frame. The details are important.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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April 15th, 2013, 02:32 AM #10
Re: old duis
Before you go any further obtaining a firearm, how long have you been sober? I would not make any recommendation to the original poster until he realizes he has problem with drinking and needs to take care of that problem first before obtaining a firearm.
Corruption is the default behavior of government officials. JPC
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