NFA firearm background check

**Brian5000** · April 8th, 2013, 12:27 PM

Hi,

How extensive is the more extensive background check involved in purchasing an NFA firearm? I've gotten two DUIs over the past 15 years and while this doesn't preclude ownership of other firearms, I'm not clear on how it affects the ability to purchase NFA firearms. Can anyone shed any light on this?

Thanks in advance.

**shademtarmory** · April 9th, 2013, 11:17 AM

That shouldn't affect you. Two DUIs won't preclude you from owning any firearm in PA. However, if any of those DUIs are graded as a misdemeanor of the first degree, you're prohibited from possessing a firearm under Federal law. Any M1 falls under the Federal definition of a crime punishable by more than a year. But regardless, generally two DUIs won't preclude you from possessing a NFA firearm.

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**Brian5000** · April 9th, 2013, 08:10 PM

Originally Posted by shademtarmory

That shouldn't affect you. Two DUIs won't preclude you from owning any firearm in PA. However, if any of those DUIs are graded as a misdemeanor of the first degree, you're prohibited from possessing a firearm under Federal law. Any M1 falls under the Federal definition of a crime punishable by more than a year. But regardless, generally two DUIs won't preclude you from possessing a NFA firearm.

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Uh, my second one is an M1. WTF.

**knight0334** · April 9th, 2013, 10:11 PM

Originally Posted by Brian5000

Uh, my second one is an M1. WTF.

When was that second M1? There may have been a time period were the DUI section of law had a specific sentence maximum that was different from the standard M1.

However, for the most part and with only a few exceptions, a M1 is as prohibiting as a felony is because the maximum possible sentence exceeds 2 years.

**shademtarmory** · April 10th, 2013, 01:37 AM

I think in 2004 is when they rewrote the DUI laws and put them into section 3802 of the Vehicle Code. Before that I think they were in chapter 37. I do know that the gradings were higher under the old law. I think the default grading was an M2. Now with the new law, its an ungraded misdemeanor until you get to a certain BAC or certain subsequent offense.

I'm not sure how the old law was worded, but I know PICS pretty much does a blanket denial when they see an M1 DUI on your record. So yeah, you'll have to look up what the maximum penalty was for the M1. I know under the new DUI law, an M1 is a typical M1. They don't limit it so much like with some other laws.

**Brian5000** · April 10th, 2013, 09:45 AM

Originally Posted by knight0334

When was that second M1? There may have been a time period were the DUI section of law had a specific sentence maximum that was different from the standard M1.

However, for the most part and with only a few exceptions, a M1 is as prohibiting as a felony is because the maximum possible sentence exceeds 2 years.

The first one was M2 in 2001, and I only got it because I was 19 instead of 21. I blew a 0.06. What a crock of sh*t.

The second one was more than 7 years later (2008), but in 2004 they changed the lookback provision from 7 years to 10 years, so it was considered my second offense. Unfortunately, I really did deserve this one, as I was in the highest rate of alcohol, so it was an M1 and the maximum penalty is 5 years. Trust me when I say I have paid the price and also regretted what could have happened (hurting people) while driving intoxicated at that level. I never flinched when I served my time, paid the bloated fines, and complied with the myriad other stiff penalties.

But this is just wrong. This isn't justice.

**Brian5000** · April 10th, 2013, 09:53 AM

Originally Posted by shademtarmory

I think in 2004 is when they rewrote the DUI laws and put them into section 3802 of the Vehicle Code. Before that I think they were in chapter 37. I do know that the gradings were higher under the old law. I think the default grading was an M2. Now with the new law, its an ungraded misdemeanor until you get to a certain BAC or certain subsequent offense.

I'm not sure how the old law was worded, but I know PICS pretty much does a blanket denial when they see an M1 DUI on your record. So yeah, you'll have to look up what the maximum penalty was for the M1. I know under the new DUI law, an M1 is a typical M1. They don't limit it so much like with some other laws.

You are correct about the DUI laws. Looks like I will never be permitted to possess a firearm.

I'm sure some would disagree, like those who have had family members killed by drunk drivers (who also would probably support any increase in penalty of any type, regardless of appropriateness), but I actually feel betrayed by this to a great degress. I am now a second-class citizen - stripped of my rights. I wonder what collection or combination of politicians advanced their careers by telling DUI sob stories and gun horror stories in order for this chain of circumstances to happen.

EDIT: In case it isn't clear, I am aware that the DUI penalties aren't directly preventing me from owning a firearm, it's the combination of laws at the State and Federal level. Although at the state level alone, my ability to have a LTCF is alone impeded.

**shademtarmory** · April 10th, 2013, 10:04 AM

I'm always one who is for stiffer penalties for certain offenses. It does seem unfair to take away your right to possess a firearm because of a second DUI.

What really gets me is if you write a bad check and if the amount is high enough, it's an M1. So now you can't possess a firearm because you wrote one bad check. Rediculous.

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**knight0334** · April 10th, 2013, 10:15 AM

Originally Posted by Brian5000

You are correct about the DUI laws. Looks like I will never be permitted to possess a firearm.

I'm sure some would disagree, like those who have had family members killed by drunk drivers (who also would probably support any increase in penalty of any type, regardless of appropriateness), but I actually feel betrayed by this to a great degress. I am now a second-class citizen - stripped of my rights. I wonder what collection or combination of politicians advanced their careers by telling DUI sob stories and gun horror stories in order for this chain of circumstances to happen.

EDIT: In case it isn't clear, I am aware that the DUI penalties aren't directly preventing me from owning a firearm, it's the combination of laws at the State and Federal level. Although at the state level alone, my ability to have a LTCF is alone impeded.

What you need to do is make sure you are not in any form of possession of any guns or ammunition. You are prohibited on the federal level, so you are prohibited in every state.

You can petition for a pardon. However they don't usually even consider you until many years have passed since the latest offense. And if they deny you for any reason, you're pretty much blackballed from being considered later.

You need to wait about 10 years or so, not get into any more trouble, make sure you're a tax paying contributor to society, then petition for pardon. Having a good record of volunteering for social programs and other things helps. If granted a pardon you will then need to petition the courts for an expungement.

**wanneroo** · April 10th, 2013, 10:52 AM

Having seen what drunk drivers do to people, including to some relatives, I support strong penalties for drunk drivers. I do think there is a difference though between low range drunk driving around the limit and people that are 2-4 times the limit and penalties should be adjusted that way.

However I think for a lot of crimes such as this, if a person keeps their nose clean for 10 years or so, then there needs to be a way for them to clear their record.