Am I eligible for gun purchase with 2nd OWI?

[skeeter88]

What is the name of your state (only U.S. law)? WIS

Back in 2004 I was arrested and convicted of OWI 2nd offense. In wisconsin it's an unclassified misdemeanor. I have no other criminal record. I was looking to purchase a gun form a dealer, but before I did I was hoping to be sure that this type of misdemeanor conviction won't prevent me from doing so. I have purchsed guns in the past(prior to the owi) and I know that I'm not in violation of owing them, but I'd like to know if I can still purchase. As I understand each state has different gun laws. Any advise would be helpful.

Thanks,
Jack

[HomeGuru]

Originally Posted by skeeter88

What is the name of your state (only U.S. law)? WIS

Back in 2004 I was arrested and convicted of OWI 2nd offense. In wisconsin it's an unclassified misdemeanor. I have no other criminal record. I was looking to purchase a gun form a dealer, but before I did I was hoping to be sure that this type of misdemeanor conviction won't prevent me from doing so. I have purchsed guns in the past(prior to the owi) and I know that I'm not in violation of owing them, but I'd like to know if I can still purchase. As I understand each state has different gun laws. Any advise would be helpful.

Thanks,
Jack

**A: why do you want a gun?

[20pilot]

Originally Posted by HomeGuru

**A: why do you want a gun?

It is called self defense. You can choose to call 911 and die, others want to defend themselves. You do know that the police do not have a legal obligation to help any individual and you do not have any recourse against the police or the city/county if the police do not come to your aid.

To the OP, what exactly were you convicted of? What was the maximum term of imprisonment that COULD have been imposed on you?

The requirements for purchasing a firearm are exactly the same as for being in possession of one. If you can not buy one, you can be in possession of one whether it was previously owned, borrowed, or even stored by your spouse in a place accessible by you.

[HomeGuru]

[quote=20pilot;2226894]It is called self defense. You can choose to call 911 and die, others want to defend themselves. You do know that the police do not have a legal obligation to help any individual and you do not have any recourse against the police or the city/county if the police do not come to your aid.

**A: your posts made some sense thus far with the exception of this one.
Please refrain from dumb comments in the future.

[20pilot]

Originally Posted by HomeGuru

**A: your posts made some sense thus far with the exception of this one.

Huh? Care to cite some laws that require the police to respond when you call them?

Hint: There are none. There are decisions from almost every state's supreme court as well as the US supreme court that clearly state that the police have no obligation to respond when a citizen calls for help.

As the laws stand in most states in the USA today, the police are responsible for the public's safety and general law and order. They do not have an obligation to any particular individual to come to their aid. In some state, an obligation is created after they show up and make contact (the can not abandon you when they start helping), but there is no obligation if they choose to not respond.

[skeeter88]

Originally Posted by 20pilot

It is called self defense. You can choose to call 911 and die, others want to defend themselves. You do know that the police do not have a legal obligation to help any individual and you do not have any recourse against the police or the city/county if the police do not come to your aid.

To the OP, what exactly were you convicted of? What was the maximum term of imprisonment that COULD have been imposed on you?

The requirements for purchasing a firearm are exactly the same as for being in possession of one. If you can not buy one, you can be in possession of one whether it was previously owned, borrowed, or even stored by your spouse in a place accessible by you.

I was charged with "Operating While under Influence (2nd), an unclassified misdemeanor, Wisconsin Statutes 346.63(1)(a). And "Operating with PAC .10 or More (2nd), an unclassified misdemeanor, Wisconsin Satutes 346.63(1)(b)
From what I've learned, in wisconsin you will automatically be issued these two citations when arrested for suspicion of OWI....it's double insurance for the prosection. You can only be convicted of one though, not both.

In wisconsin a 2nd owi conviction carries a minimun 5 days jail time to a maximum of 6 months.(regardless of which charge your convicted of)
I was convicted of Operating While under Influence (2nd), an unclassified misdemeanor, Wisconsin Statutes 346.63(1)(a). The Operating with PAC .10 or More (2nd), an unclassified misdemeanor, was dismissed.

[xylene]

Originally Posted by skeeter88

What is the name of your state (only U.S. law)? WIS

Back in 2004 I was arrested and convicted of OWI 2nd offense. In wisconsin it's an unclassified misdemeanor. I have no other criminal record. I was looking to purchase a gun form a dealer, but before I did I was hoping to be sure that this type of misdemeanor conviction won't prevent me from doing so. I have purchsed guns in the past(prior to the owi) and I know that I'm not in violation of owing them, but I'd like to know if I can still purchase. As I understand each state has different gun laws. Any advise would be helpful.

Thanks,
Jack

Your multiple convictions for alcohol offenses are problematic.

[HomeGuru]

Originally Posted by 20pilot

Huh? Care to cite some laws that require the police to respond when you call them?

Hint: There are none. There are decisions from almost every state's supreme court as well as the US supreme court that clearly state that the police have no obligation to respond when a citizen calls for help.

As the laws stand in most states in the USA today, the police are responsible for the public's safety and general law and order. They do not have an obligation to any particular individual to come to their aid. In some state, an obligation is created after they show up and make contact (the can not abandon you when they start helping), but there is no obligation if they choose to not respond.

**A: that was not the comment I was referring to. It was the one about calling 911 and dying.

[20pilot]

From memory (which is known to be wrong) you are disqualified from owning a firearm if you have been convicted of a misdemenor offense of domestic violence or any offense where the penaly could be more than 1 year (or it is 1 year or more) in jail. It appears that what you have posted does not fall under this, but you need to talk to a lawyer to be sure.

You are also prohibited from owning a firearm if you are an unlawful user of drugs or alcohol. I do not recall the exact language, so you may fall under that one due to your multiple conviction in that area. I would consult a lawyer. If you just fill out the ATF form and see if you pass the Brady check (many gun store clerks advise that), you run the risk of exposing yourself to criminal liability because you made a false declaration under the penalty of perjury. Talk to a lawyer if you are unsure. Call the NRA and they will recommend a lawyer in your area that is up on and into firearm related issues.

[20pilot]

Originally Posted by HomeGuru

**A: that was not the comment I was referring to. It was the one about calling 911 and dying.

"Call 911 and die" is the title of a book on this subject. It is basically a catalog of state and federal court decisions absolving states from the responsibility to help or protect any particular individual. Some of the incidents that led to the court action s are really egregious.

While my own experience calling 911 for fire/medical issues as been 100% positive, I have heard some real horror stories first hand from the individual making the calls. If someone was about to place me in mortal fear or was in the process of breaking into my house, I would not count on 911 to get me help before I was dead.

And yes, I once did pull a gun on a black intruder that was half way inside a pried open window. I did not have to pull the trigger (I was close). The offender was persistent and was eventually fatally shot by a neighbor a few days later. The neighbor did not have to face any consequences because he had his appropriate black bear hunting tags

[HomeGuru]

[quote=20pilot;2227102]From memory (which is known to be wrong)

**A: thanks for speaking the truth.

[xylene]

Originally Posted by 20pilot

And yes, I once did pull a gun on a black intruder that was half way inside a pried open window.

By black, I hope you mean evil.

Or are you attempting to prove some racial point - you did not say "black like me..."

[You Are Guilty]

Originally Posted by xylene

By black, I hope you mean evil.

Or are you attempting to prove some racial point - you did not say "black like me..."

RIF my friend. He set the trap and you walked right into it. He was talking about a bear.

[HomeGuru]

Originally Posted by You Are Guilty

RIF my friend. He set the trap and you walked right into it. He was talking about a bear.

**A: it could have been a goriila in the dark.

[skeeter88]

Well thanks everyone for your repies. It seems that no one but the NICS knows whether I'm allowed to purchase or not. I asked two attorneys in my area and they said that I don't meet the the criteria for disqualification, however that doesn't mean its a sure things. They informed me that the NICS is red-flagging people with no criminal record and if they have a common name or if they have a medical history of depression...."medical history"?? WTF!! So now I'm not sure if I'm willing to rock the cradle by attempting to purchase, the last thing I want is initiate a response from the feds.