private sale

Discussion in 'GA Laws and Politics' started by brian6839, Nov 26, 2006.

  1. brian6839

    brian6839 New Member

    3
    0
    0
    if you are denied a firearm due to your background check but are not a felon can you own a gun bought thru a private sale frrom a friend
     
  2. ICP_Juggalo

    ICP_Juggalo Active Member

    1,923
    0
    36
    Generally yes, but there are also other things that govern legal gun ownership as well such as citizenship/alien status, discharge status from the armed forces, outstanding warrants, age, fugitive from justice, in-paitent in a mental hospital, illegal drug user, just to name a few.

    Georgia's ownership laws mirror that of the federal laws. So if your not prohibited by federal law from owning a firearm, then you wouldn't be prohibited by GA law from owning one and vice versa.

    I would be very curious as to why I was denied a sale. Usually being denied a sale is because of the reasons listed above.
     

  3. foshizzle

    foshizzle New Member

    1,283
    0
    0
    ICP is right...

    He also mentioned that GA's laws mirror those of the feds. According to the Feds, you cannot own guns for a LOT of reasons, only one of which is being a felon.

    You can have a misdemeanor conviction for domestic violence, which is a misdemeanor, yet a disqualifying criteria for a purchase from an FFL. Yes, even a convicted felon can purchase a firearm FTF in GA with a drivers license, but if you get CAUGHT with one, being a prior felon or have a prior misdemeanor conviction for domestic violence will result with you being charged with a felony (felon in posession), or a misdemeanor (misdemeanor conviction for DV and having a firearm).

    Honestly, if you are denied through and FFL, you are NOT safe having one, even though you can buy one FTF in GA.

    Check your record and get it expunged if possible.
     
  4. brian6839

    brian6839 New Member

    3
    0
    0
    what are the steps to take to get my record expunged
     
  5. foshizzle

    foshizzle New Member

    1,283
    0
    0
    This site seems to have a pretty good description

    http://www.atlantalegalaid.org/criminalrecord.htm

    The GA statue that outlines the requirements and process in detail is.

    O.C.G.A. § 35-3-37(d) (1)

    Read here.

    http://www.legis.ga.gov/legis/GaCode/?t ... section=37

    It may be 5 years before you can apply for expungement or a pardon.

    To BEST ANSWER YOUR QUESTIONS... see a lawyer. Consultations wont break the bank to get the real low-down. To have them actually do all the paperwork for you.. I dunno 1-3k maybe. For you to do it yourself... probably 250 bucks and a crapload of reading... tons of reading lol. Probably safer with a lawyer.
     
  6. SheriffOconee

    SheriffOconee New Member

    10,667
    0
    0
    The form is quite simple actually. It request that the prosecutor sign off on the expungement. I will see if I can send someone the form in a PDF file and ya'll can post it here on the website
     
  7. johnpeace

    johnpeace New Member

    96
    0
    0
    So, out of curiosity...

    In those cases, who bears the burden of keeping the ineligible owner from buying a gun: the buyer or the seller?

    I know it's against the law for certain ineligible people to own guns. What laws are there that regulate the selling of privately owned guns?

    If private sellers don't have to do NICS checks, then surely the burden for determining the eligibility of the buyer can't be on the seller, right?
     
  8. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    Right. From the BATFE's FAQ: