New guy in need of a legal ownership question???

[Prodefulkarma]

Hello, I have a question before I go and try to buy a handgun.


So 13 years ago I was charged with a misdemeanor battery touch or strike in the state of Florida.

Legally am I able to purchase a handgun? It is not a felony or a domestic violence.

[Roundballer]

Well, first:

Greetings from Imlay City "Gateway to the Thumb",

Home of Vlasic Pickle.

This is not actually the best section of the forum to ask a legal question, not enough traffic of the sort that pay close attention to the specifics of some laws.

But with that being said, if it was not a felony and not DV offense, I don't know what the dis-qualifier would be, "battery touch or strike" is not something that is in Michigan law.

Have you tried to pass a NICS check any time in the recent past? That would tell you what you have recorded against your name in the system.

[Prodefulkarma]

Thank you for the reply! I have not tried to apply but I figured that would be the only way I would know for sure.

[Roundballer]

Another option would be to go to the Caro police station and apply for an LTP (License to Purchase, RI-010). They will run a background check to get that, and it should include a NICS check along with a LEIN check. You won't have to mess with the FFL, but you will get the answer.

[donald150]

Another option would be to go to the Caro police station and apply for an LTP (License to Purchase, RI-010). They will run a background check to get that, and it should include a NICS check along with a LEIN check. You won't have to mess with the FFL, but you will get the answer.

Unless things have changed, this may not get you the answer you need. One of the guys that used to go to our church had gotten into trouble , I can't remember what he did but if I remember correctly it was a Felony 15-20 years prior. He applied for a LTP and was granted it. He bought a pistol from an individual. Thinking he was good to go, he put a rifle in layaway only to get denied on the NICS check.

[Norton]

Welcome to the forum.
You said you were charged, what happen?
Convection? Plea deal?
If no conviction, it never happened.

[Prodefulkarma]

It was a conviction. Thank you for the reply, very much appreciated.

[esq_stu]

Might depend on the details of the misdemeanor. Touch or strike could be spitting or water pistol, could be punching or bopping with a stick. Also depends on who was touched or struck - family member in the home, significant other, etc. could count as domestic violence. Even if it passes a NICS check, domestic violence can make firearms possession unlawful under federal law. But there are exceptions. https://www.atf.gov/file/58786/downl...or%20receiving

Might want to consider moving this thread to the Legal Beagle corner. Any mod can do that.

[Scoop]

Even if it passes a NICS check, domestic violence can make firearms possession unlawful under federal law.

IIRC, one of the two reasons the ATF revoked the Michigan CPL as a Brady exemption was a misdemeanor DV conviction ((18 U.S.C. § 922(g)(9))) for which Michigan was apparently NOT disqualifying CPL applicants - or so the PSA stated, anyways.

[Roundballer]

IIRC, one of the two reasons the ATF revoked the Michigan CPL as a Brady exemption was a misdemeanor DV conviction ((18 U.S.C. § 922(g)(9))) for which Michigan was apparently NOT disqualifying CPL applicants - or so the PSA stated, anyways.

That law is one that NEEDS to be challenged!

It is/was unconstitutional because it is an "Ex post Facto" law that is specifically prohibited in the Constitution. They made something that punishes people that did something before the law was passed.