2nd Amendment and Right to Bear Arms/DUI

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Expert: - 2/5/2010


Question
Hello,
I am a resident of Iowa. I have no criminal activity in my past. I was issued a DUI about 5 months ago. I went to a local gun shop today to purchase a shotgun, filled out all of the paperwork. The manager called it in to the DOJ and it came back delayed.  Will the DUI affect me purchasing a shotgun.

Answer
Darn, Greg, this is a Criminal Justice question you're asking in the Second Amendment topic. Did you really think they were the same thing?

But in general, delays are fairly routine on Firearms Transactions now-a-days. If by "DOJ" you mean the FBI NICS transaction center, you have up to three (3) business (not calendar) days to get a PROCEED or DENIED response from them.

If you are denied, there is always an appellate process to pursue.

If the disposition of your DUI resulted in a Felony Conviction, you will likely be DENIED, and you may be further prosecuted for the making of a False Document when you signed and certified the information you provided on the Form 4473 you executed at the gun shop.

G'luck.  

2nd Amendment and Right to Bear Arms

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Dean Speir

Expertise

I can answer questions about Handguns, Rifles, Ammunition, the Firearms Industry, the "gunzine game," practical accessories for self-defense (CCW) handguns; rumor control on firearms myths, errata on the "gunshop grapevine."

I am NOT an Attorney, and nothing I provide here should be relied upon as legal advice. Therefore, please do NOT make inquiries about Criminal Justice issues... this is the Second Amendment topic.

Nor do I do "Private Consultations." Want to made it "private," retain an attorney.

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25 years practical and competitive hangunning; 26 years in the firearms industry; 15 years writing for the gunzines, including 4½ years as Industry Editor for The New Gun Week; maintainer of www.thegunzone.com.

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Life Member, NRA

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Guns Magazine, Combat Handguns, Petersen's Handguns, American Handgunner, The New Gun Week, Gun & Shooter, American Handgunner, Shooting Industry, American Firearms Industry, Machine Gun News, Practical Shooting International, Law Enforcement Techology, Police Product News, The American Guardian, The Shotgun News, Visier (Germany) and various DBI Books.

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BA in English Graduate Lethal Force Institute Graduate Gunsite Graduate Defensive Training Institute

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