Gun laws and personal records

[Bambito]

Last weekend my wife and I spent the weekend at my in-laws cabin. Her dad, I and her brother got on the topic of gun laws. Her brother was charged 4 years ago with terristic threats is a gross misdemeanor from what it states on his record. Something to do with his gf's ex bf. Anyways this past spring he went in to buy a new shotgun and was denied. I told him I am pretty sure he is screwed when it comes to buying a guns. He said that he can still be in possession of a firearm cause he was not charged with a felony. I read up on this a little bit last night and it seems there could be a waiting period of 7 years before he can buy again? Is this true or completely false? He said he can appeal the denial of selling him a firearm.. I have never heard of that though? Thoughts?

[TruthWalleyes]

Something to do with his gf's ex bf.

My old man used to say:

"Nothing good happens after 2am"

[bobbymalone]

"charged" or "tried and convicted"?

609.713 TERRORISTIC THREATS.

Subdivision 1.Threaten violence; intent to terrorize. Whoever threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. As used in this subdivision, "crime of violence" has the meaning given "violent crime" in section 609.1095, subdivision 1, paragraph (d).

[Bambito]

So he can still be in possession of a firearm but he cant purchase? That doesn't make sense.

[lawdog]

Firearms laws are far too complex to be resolved here! He needs to seek competent legal advice.

[harvey lee]

I agree Dog, either a lawyer or a call to the Federal gov. I do not know if I would even bother with a licensed dealer, I would want the facts if I could own or use one.

If you could not possess one and were caught, I highly doubt that any judge would here the facts that a member on HSO said I was legal to possess a weapon.

Not worth a few years in jail.

[rockman]

Crimes of domestic violence are an automatic disqualifier in purchasing a firearm, and are asked about on the 4473 form when a gun purchase is made. I am guessing that the gross misdemeanor charge is a domestic violence crime, so that guy is screwed in trying to buy a gun. Don't take my word for it off of a internet forum, but do research it, and/or get legal advice.

[Tom7227]

There is a section in Minn. Stat. §609.713 terroristic threats that is a gross misdemeanor violation.

Subd. 3.Display replica of firearm.

(a) Whoever displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner, may be sentenced to imprisonment for not more than one year and one day or to payment of a fine of not more than $3,000, or both, if, in doing so, the person either:

(1) causes or attempts to cause terror in another person; or

(2) acts in reckless disregard of the risk of causing terror in another person.

That conviction does NOT result in a loss of privileges. However a felony conviction for terroristic threats does result in a loss of privileges.

It is possible that the person was charged under Subd. 1 as quoted above but sentenced at a gross misdemeanor level. Minn. Stat. §624.712 Subd. 5. classifies a felony level conviction for terroristic threats as a crime of violence and so the person looses their privilege to obtain or possess any firearm.

If the person was charged and convicted under Subd.3 they should not be prohibited. If that was the case then it is likely an error to prevent the purchase and the person could appeal.

If a prohibited person possesses a firearm under Minnesota Law it is a gross misdemeanor ( Minn. Stat. §624.713 Subd. 1(j)(1)) , but under federal law it is a felony and I believe the penalty is up to 10 years in prison.

[Bambito]

Now that you mention that he did say he was charged under subdivision 1. So what does that mean for him?

[Bambito]

K I just talked with him and his charge was 609.713.1 and it was dropped to a Gross Mis.

[Tom7227]

You would have to read the sentencing document to get the answer. I would not at all be surprised if he was convicted of the felony level terroristic threats. I don't know if the sentencing for the crime is enough to make the difference. Obviously the NICS check considered it a felony. I guess I don't have enough facts to know the answer.

[Double D]

Go to mncourts dot gov

Access the trial court records there. It has all the information you should need. Fun to check up on people you don't like, too!!

DD