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  1. #1
    scotdc is offline Junior Member
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    Possession of a Controlled Substance and Right to Bear Arms

    What is the name of your state (only U.S. law)? NV
    I was convicted in 1997 of possession of a controlled substance, felony, and possession of less than 1 oz of marijuana in the state of California. I completed the court ordered diversion program and did no time in jail, first offense.

    I have been in no legal trouble since, and am now living in the state of Nevada.

    Can I obtain a federal gun permit? Not looking for a concealed weapon permit, just a handgun to keep in the home. Do I need to get my old records expunged first?

    Any help would be appreciated. Thanks.
    Last edited by scotdc; 02-19-2009 at 04:54 PM.
  2. #2
    xylene is offline Senior Member
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    Was the charge a felony?
  3. #3
    scotdc is offline Junior Member
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    Yes it was a felony on the controlled substance.
  4. #4
    garrula lingua is offline Senior Member
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    As I recall, for a short period in the 90s, when DEJ and Prop 36 were new, defendants didn't have to plead 'Guilty' in order to get into a diversion program.

    It caused problems with defendants who failed the program demanding a trial, so the rules changed - requiring a 'guilty' plea to be allowed into the program.

    Are you among the minority who never pled ??
  5. #5
    garrula lingua is offline Senior Member
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    This is a quick summary of federal law from NRA:

    Ineligible Persons

    The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

    Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
    Fugitives from justice.
    Unlawful users of certain depressant, narcotic, or stimulant drugs.
    Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
    Illegal aliens.
    Citizens who have renounced their citizenship.
    Those persons dishonorably discharged from the Armed Forces.
    Persons less than 18 years of age for the purchase of a shotgun or rifle.
    Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
    Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
    Persons convicted in any court of a misdemeanor crime of domestic violence.
    Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.
  6. #6
    scotdc is offline Junior Member
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    Garrula,

    Thanks for your info so far. Yes, I plead nolo contendre to my charges.
    Last edited by scotdc; 02-19-2009 at 05:23 PM.
  7. #7
    garrula lingua is offline Senior Member
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    Well, I'm sorry; that's a conviction.

    You can still have a black powder gun or a bow and arrow or, better yet, a baseball bat.
    No other guns, though.
  8. #8
    garrula lingua is offline Senior Member
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    ATF, the ones who regulate this, have the 1968 Gun Law on their site:

    [url]http://www.atf.gov/pub/fire-explo_pub/2005/p53004/18usc_chap44.pdf[/url]
  9. #9
    poopeepants is offline Junior Member
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    So, let me get this straight.... even after 10 yrs this is still an issue for people living in NV?

    For instance, I have a fed felony for distribution of steroids with house arrest and 5 yrs probation.... once probation is over, am I never allowed to purchase a shotgun or handgun for home protection or is this state dependent?
  10. #10
    SIN EATER is offline Member
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    No, you couldn't own or possess a gun without risking another felony for that act.
    If you got a pardon, you could apply for gun ownership.
  11. #11
    poopeepants is offline Junior Member
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    WOW! I definitely understand the risks associated with allowing a felon to possess a weapon such as a handgun, etc but I thought the life long ban was reserved for felons with weapons charges or domestic violence. Thanks for the info.
  12. #12
    needJDgrad is offline Junior Member
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    If you can get the case expunged then you may again own and possess firearms. The charges in California will follow you no matter what state you go to. I believe the required "good time" to have a felony drug charge expunged is 10 years. If you have been good for 10 years you may petition the courts for expungement. Once granted you may again ; Vote, own firearms, answer no on employment applications, and a few other things I cant recall off hand.
    garrula lingua;
    Black powder guns are also illegal for felons to possess. Cross bows, and compound bows are also included. Anything that fires projects or hurdles any missle of any type that is designed for or made for killing any living creature is considered a firearm. Compound bows intended strictly for target shooting may be waived at the discretion of the local jurisdiction.
    A good friend of mine was arrested for felon in possession of a fire arm for having a ram set gun in his trucks tool box. He is a contractor and it was strictly a tool. The fact that it used powder charges to actuate the drive pin caused the arrest. It stuck too. Cost him 4 months in jail.
  13. #13
    CdwJava is online now Senior Member
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    Quote Originally Posted by needJDgrad View Post
    If you can get the case expunged then you may again own and possess firearms.
    Only if NV expungements automatically grant that right, otherwise any expungement would have to explicitly return gun rights.

    The charges in California will follow you no matter what state you go to.
    In CA possession of less than an ounce of marijuana is a misdemeanor (H& 11357(b)) and punishable by a fine only. It is also the ONLY offense I know o in this state that is supposed to be destroyed after two years. It is not a disqualifying offense for firearms possession.

    Black powder guns are also illegal for felons to possess.
    Maybe in NV, but not in CA.

    Cross bows, and compound bows are also included. Anything that fires projects or hurdles any missle of any type that is designed for or made for killing any living creature is considered a firearm.
    Uh ... no. I am unaware that ANY jurisdiction includes those things in the definition of a "firearm". I suppose it is possible, but it would be very unusual and I have never seen it.

    A good friend of mine was arrested for felon in possession of a fire arm for having a ram set gun in his trucks tool box. He is a contractor and it was strictly a tool. The fact that it used powder charges to actuate the drive pin caused the arrest. It stuck too. Cost him 4 months in jail.
    Yep. I've seen that, too. I think that's pushing the envelope a tad TOO far, but I've known it to happen.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  14. #14
    needJDgrad is offline Junior Member
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    Hi Carl;
    Not saying you are wrong but there are a few points I think you may have missed.
    "Only if NV expungements automatically grant that right, otherwise any expungement would have to explicitly return gun rights."
    I dont believe that NV has the authority to expunge a CA case. If the case is expunged then no record will be available for the authorities to say that he can not possess a firearm. If expunged he regains all his previous rights.

    "In CA possession of less than an ounce of marijuana is a misdemeanor (H& 11357(b)) and punishable by a fine only. It is also the ONLY offense I know o in this state that is supposed to be destroyed after two years. It is not a disqualifying offense for firearms possession."
    He was convicted of a felony narcotics possession charge in addition to the pot charge.

    "Maybe in NV, but not in CA." Are black powder guns not firearms? They go bang and kill people. To me that is a gun/firearm


    "Uh ... no. I am unaware that ANY jurisdiction includes those things in the definition of a "firearm". I suppose it is possible, but it would be very unusual and I have never seen it."
    According to the terms of probation here in Kern County these are illegal to possess. This is standard terms for those convicted of felony drug possesion. I have a brother that was convicted of drug possession three years ago. He was cought with a childrens bow and arrow set in his home and did 30 days for violating his terms of probation. While this may seem unreasonable, it really isn't if you consider that he has no children living with him.

    "Yep. I've seen that, too. I think that's pushing the envelope a tad TOO far, but I've known it to happen."
    Yup, it goes bang and fires a projectile.

    [/QUOTE]

    Thanks for the post.
    Best, Smitty
    Last edited by needJDgrad; 05-03-2009 at 10:34 PM.
  15. #15
    CdwJava is online now Senior Member
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    Quote Originally Posted by needJDgrad View Post
    I dont believe that NV has the authority to expunge a CA case. If the case is expunged then no record will be available for the authorities to say that he can not possess a firearm. If expunged he regains all his previous rights.
    Correct, NV cannot expunge the case ... I replied making the assumption it was a NV case.

    And the firearm possession would only be permitted if the defendant was otherwise permitted to possess a firearm. There are certain offenses for which this would not be the case.

    Are black powder guns not firearms? They go bang and kill people. To me that is a gun/firearm
    It is all in the definition. Pursuant to 18 USC 921(a)(3)(D) an "antique firearm" is not included in the definition of a "firearm". Likewise, under CA law pursuant to PC 12020(b)(5) a black powder weapon is also generally going to be an "antique firearm" and exempted from the general definition of "firearm.
    According to the terms of probation here in Kern County these are illegal to possess. This is standard terms for those convicted of felony drug possesion.
    Terms of probation can include most anything. They can include a prohibition to possess crossbows, black powder weapons, even knives if the want to.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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