Pistols and background checks

[bulrush]

In Michigan there is a waiting period to buy a pistol, during which time a background check is run on you. Correct me if I'm wrong. What exactly do they check? Driving records? Prison records? To see if you are a felon? Medical records? Pharmacy (prescription) records?

Anyone know?

[Rick]

I don't know about Michigan. I would suspect felony arrests and mental declarations.

[bulrush]

What's a mental declaration? Do you mean a court action? Or if someone gets anti-psychotics from the pharmacy/doctor? I'm just curious.

So if my grandmother was declared unable to care for herself by a court, she could not buy a pistol? Could she buy a rifle?

EDIT: Also, where should I get a rifle or pistol? From a big chain? Would they have better prices and selection? Or from a private local company? How about a pawn shop? I'm a beginner gun buyer so I would not know which problems to look for at a pawn shop.

[Rick]

Based on what I can find on Google, it looks like a criminal check. Here is a good article on most of the laws for Michigan. Don't know about ammo purchase.

http://crime.about.com/od/gunlawsbys...gunlaws_mi.htm

[Mountain Man]

The pistol purchasing process is at a the federal level in regards to background check, all states do it. Except maybe those handful that recently challenged the fed for manufacturing and selling within their own state.

Anyway, you can look it up on google to find out exactly what they look into...

[SARKY]

First they will check for any felonies, next will be any history of mental illness, lastly they look to see if you any history (convicted or not) of domestic violence. Any or all of these could prevent you for being approved. Let us not forget just how much identity theft is going on in this country.... so if you get turned down and you know you have a clean slate. Find out why and challange it!

[Rick]

Sarky is right on with the domestic abuse piece. That will keep you from getting a CCW in Indiana as well.

[tipacanoe]

In Maine, domestic dispute, no convection, you will loose your right to guns. I haven't heard of anyone getting them back on appeal. I hope I'm wrong about the appeal.

[Rick]

In Indiana:

Carrying a handgun without a license or by person convicted of domestic battery
Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person shall not carry a handgun in any vehicle or on or about the person's body, except in the person's dwelling, on the person's property or fixed place of business, without a license issued under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun in any vehicle or on or about the person's body in the person's dwelling or on the person's property or fixed place of business.

[bulrush]

Wow Rick, that's harsh. In Michigan battery (per my lawyer) is as simple as taking something out of someone's hands, or unwanted touching (like if I poke someone in the shoulder). I don't remember what spitting on someone would be, assault or battery.

[Rick]

You are pretty close but I wouldn't call it harsh, either. A real man doesn't lay his hands on a woman (a real woman doesn't lay her hands on a man, either). Nor do they throw things.

IC 35-42-2-1.3
Domestic battery
Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as provided in subsection (c); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
(b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
(1) has a previous, unrelated conviction:
(A) under this section (or IC 35-42-2-1(a)(2)(E) before its repeal); or
(B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
(2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
(c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising children together;
(5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
(6) other factors the court considers relevant.

[OICU812]

In Tenn. a Domestic charge will almost assure you never to "legally" own another handgun for the rest of your life, much less the legal purchase of one. Its foggy on long arms but here at least a felony or DUI limitations run the 7yrs. and good behavior to be eligible again for gun rights.

[Ole WV Coot]

We get the usual checks and suppose to be made public record. The Judge I went before ordered my records sealed and I have paid the same to renew but it was take $$, take pic, and out the door in less than 15 min. Just had to show driver's license when we went to pic ID, my first pic was this year.

[endurance]

In Colorado, from the best of my knowledge (and recognize I haven't been in local law enforcement in roughly 15 years, but I do try to keep up) it's:
1) Any violent or drug-related felony (while the law may have changed since I was a cop, you could be convicted of a traffic or white collar felony and still purchase a gun lawfully)
2) Any active mental health holds (perceived by a medical professional, the courts, or law enforcement as a threat to one's self or others)
3) Any active restraining order (even non-domestic)
4) Any conviction on a domestic violence related charge (even misdemeanors)

It's not just purchase on the last two, it's possession, too. I have known cops who spent their last dime trying to prevent a domestic violence conviction because it meant they'd never work in law enforcement again. In Colorado, the arrest alone is not enough to ban you from ownership (unless there's a temporary restraining order with it, which there often is), it's the conviction. If a restraining order becomes permanent, you're done. However, most judges are pretty reasonable with this. If it's a couple going through an ugly divorce that hasn't become violent yet, but has the potential, they're issue a restraining order with a 180 day duration. While you have to turn in all weapons during that time, it's temporary and eventually you'll get back both your own guns and you'll be able to purchase new guns again in the future.

Obviously things vary by state, so check your local laws. I have never heard of any system checking to see what prescription drugs you're taking or medical records unless it resulted in a mandatory mental health evaluation.

[Ken]

I don't remember what spitting on someone would be, assault or battery.

Battery or, believe this or not, Battery with a Dangerous Weapon.