D.U.I and guns

[glockbull]

although this does not concern me it does however concern a friend of mine who wants to buy a gun but has his license revoked due to a dui. can you still buy a handgun if that is your his only concern , or should he wait until his license is reinstated.

[XD45]

Was it just the one DUI? I thought it took more than one to loose your license.

[lexington86]

Let me preface this by saying that I speak from experience here.

Okay, so your buddy got a DUI and had his driver's license revoked. Just because he doesn't have a driver's license doesn't mean he can't purchase a firearm, BUT due to the DUI, he is likely also on probation. One of the terms of probation is that you can't possess firearms (except any you may already own). As soon as he is off probation (one year if it's his first offense), he should be good to go.

[glockbull]

it was a f-ed up scenario of the leo accusing him of refusing the blood test and slamming him for a year intstead of 3 months.

[knight0334]

If he's on probation, nearly every county mandates that he not have firearms in his possession until released. Occasionally exceptions are made for hunting though.

Once the terms are completed, and if there are no other prohibiting factors - he'll be allowed to possess a firearm again.

[mtp81]

Was it just the one DUI? I thought it took more than one to loose your license.

No it only takes 1, trust me I know from experience. Unfortunately, I got a DUI when I lived in NJ on Labor Day weekend of 01' when I was 19. It's something that really fucked me for a while and something I had to explain alot too for various things (applications, etc.)

In NJ first offense is 6-12 month license suspension (I got 10 month)
second offense is 2 year license suspension
thrid offense is 10 year license suspension
^all of the above can have jail sentences too depending on the crime

It's wiped clean from my record now, doesn't even show up on an FBI fingerprinted background check. I actually haven't gotten any type of motor vehicle ticket since then..knock on wood.

[gbrown221]

the history of a DUI arrest stays on your record in NJ unless you file an expungement petition in the Vinceage that your case was adudicated.

Look at my post "Looking for Attorney for LTCF revokation"


The hear of my case was my DUI conviction in NJ.

DUI falls solely under the motor vehicle laws in NJ and that is why it will not be seen on an FBI background check.

TRUST me the history of your arres in NJ is still "shows up"

You have to petition a court to expunge that actual arrest.

it was a litlle less then 100.00 dollars when I completed my expungement in NJ for DUI.

I have templates for the process if interested.

I am not an attorney and in no way giving you legal advice.

the forms are also available on the NJ Judiciary website.

grbrown@fastmail.net

Greg

[gbrown221]

to MTP81

unless you filed an expungment in NJ Vinceage your DUI is NOT

"wiped clean "

as you state

Greg

[mtp81]

I have never filed expungement but I have had around 3 PA State Police criminal background checks done for nursing school and nursing jobs and every time it didn't come up.

More recently, like this past December, I had to submit a PA and DE State Police criminal background check, get fingerprints sent to the FBI for their own background check all to transfer my PA RN license over to DE. I included on the applications that I had received a DUI in 2001 and had to attach an explanation/what I've done since then letter and was contacted by the DE Nursing Board stating that both my DE State Police and FBI checks came back clean with no DUI because they said I disclosded that I had received one 6 years prior. It was almost as if she didn't believe that I really got one because it never came up.

I don't know why it never shows up...

[gbrown221]

That is because DUI arrests in NJ fall solely under the motor vehcile code.

If you were to submit a set of prints to NJ for with a letter indicating you wanted to personally review your criminal history you would note that the NJ repository will still list your DUI arrest in NJ.

It will not show up anywhere but on an NJ criminal check. NJ unlike many states keeps many records in their own repository. Usually only inditable offense are reported to the FBI in NJ. And NJ does not share much with the FBI. For iditable offenses the FBI usually reports back to contact NJ. The FBI will merely have information that NJ has a history of an arres.

NJ does charge 33.00 dollars for a personal review of your criminal history.

Without an NJ expungement your DUI is still on file in NJ. It would never arrise from an RN license because your driving record was not questioned.

The escape in this is that as I indicated above that the NJ DUI statute is unique in that it fall totally under the Motor Vehicle Code. Hence why an individual convicted of a DUI in NJ can check NO to a question on an application that states Have you ever been convicted of a misdemeanor or felony.

DUI in many states is a misdemeanor but not in NJ.

I hope this clarifies what I was trying to explain to you.

grbrown@fastmail.net

Greg B