Dui?

[BPTactical]

Here is the only answer you need to relay to your friend: "C" on a 4473 form:

"Have you been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more

than one year, even if you received a shorter sentence including probation?"
I believe you stated that he had been jailed for 2 years for DUI correct? If so he is disqualified from purchasing a firearm.
And with the fact that you know of his situation it would be unlawful for you to sell a firearm to him.

[Jumpstart]

I was on a DUI and prohibited weapons charge jury. Dude had a 9 under his seat. Never pulled it, never was asked about it until they did a complete search at the SO. The big question, why would this citizen have his 2nd Amendment rights infringed upon because he had a firearm and a few beers in/on him? He wouldn't. He walked (and rightfully so) on the weapons charge. That's why I like Teller Co. People seem Constitutionally aware.

[TFOGGER]

I was on a DUI and prohibited weapons charge jury. Dude had a 9 under his seat. Never pulled it, never was asked about it until they did a complete search at the SO. The big question, why would this citizen have his 2nd Amendment rights infringed upon because he had a firearm and a few beers in/on him? He wouldn't. He walked (and rightfully so) on the weapons charge. That's why I like Teller Co. People seem Constitutionally aware.

It's important to know the law. How long ago was this? Under current Colorado law, having a loaded handgun in your car is perfectly legal without a permit, so long as it's for "personal protection while traveling", so unless he was otherwise statutorily prohibited from possessing a firearm, he should never have been charged in the first place.

[spleify]

Well, I would have to agree with the whole back ground check thing. Have him pay for it. If he refutes doing it, them maybe its best to move on.

Or

Tell him after he gets his CCW, to com eand talk to you and you will hook him up. If he clears getting his CCW then he is good to go, if not......

[rl45acp]

Another thing you can do to save money, is go into a gun store with him, tell the guy behind the counter, "hey I want that one", fill out the paperwork and wait for the reply from CBI. If he passes the check, he can always "change his mind" on the purchase and walk out of the store. It may not be completely etical, but the big chain stores suck too much money from us anyway.

Just a thought,
Rob

(although somebody who spent two years in prision raises some flags for me)

[Bailey Guns]

It's important to know the law. How long ago was this? Under current Colorado law, having a loaded handgun in your car is perfectly legal without a permit, so long as it's for "personal protection while traveling", so unless he was otherwise statutorily prohibited from possessing a firearm, he should never have been charged in the first place.

I disagree on this statement (in bold) assuming he was "in possession" of the firearm. The law (18-12-106 (1)(d) is very clear that being in possession of a firearm while under the influence of intoxicating liquor or drugs is illegal.

The key would be possession. If it's locked in the trunk that's one thing. Under his seat (I'm assuming that means the driver's seat)? If he can reach it, he's in possession.

If a jury acquitted him on the Prohibited Use charge, that's fine. But from what Jumpstart said, it was an appropriate charge.

[sniper7]

DUI isn't a felony. My buddy got one and he is still okay to buy guns. He just bought one about 2 weeks ago.

I used to work for the adams county parks and we had the inmates from the adams county jail come and work with us to do some of the shitty jobs so they could work off some of their sentences. I know of at least 2 guys that had 8+ DUIs and I don't either of them (or any of the other guys that were in for DUI) had received a felony for it. Pretty sure it is a misdemeanor unless something else is involved like assaulting a police officer.

[theGinsue]

It's possible he went to jail for two years on some sort of consecutive sentencing on more than one charge. Some people use jail and prison interchangably even though there's a difference.

My thoughts exactly.

Get the Background check on this guy. Friend or not, if he is NOT allowed to own/possess a firearm, and you had reasonable belief of such, you can be charged/convicted of a firearms related offense.

Be safe, get the check.

[Dr_Fwd]

yeap, talked to the guy, said I'd feel more comfortable if we do it via FFL, he said "No problem".
will see...

My thoughts exactly.

Get the Background check on this guy. Friend or not, if he is NOT allowed to own/possess a firearm, and you had reasonable belief of such, you can be charged/convicted of a firearms related offense.

Be safe, get the check.

[Tristan]

I feel there needs to be some clarification here.
Although everything Bailey Guns said is correct- there some exceptions.
Quite contrary to popular opinion, even if you're on parole, it is perfectly legal to own a gun for self defense purposes.

A defendant charged under this section who presents competent evidence showing that his purpose in possessing weapons was the defense of his home, person, and property as recognized by section 13 of art. II, Colo. Const., thereby raises an affirmative defense. People v. Ford, 193 Colo. 459, 568 P.2d 26 (1977).

Doesn't mean you wouldn't get arrested for it, however. Nor would I like to be in the hot seat on that one.

Also, the "ever" part does not exist. After 10 years, your civil rights are restored.

(I) From the date of adjudication to ten years after the date of adjudication, if the person was not committed to the department of institutions, or on or after July 1, 1994, to the department of human services; or








(II) From the date of adjudication to ten years after the date of release from commitment, if such person was committed to the department of institutions, or on or after July 1, 1994, to the department of human services or, if subject to supervision imposed as a result of an adjudication, ten years after the date of release from supervision.

So the amount of time that one had to do really doesn't matter if he's been good for ten years.

And to go past even that, if your civil rights have been restored, then even the feds can't charge you.

Prior Colorado conviction not predicate felony for purposes of federal prohibition of possession of firearm by felon. Defendant was wrongly charged for possession of gun by felon, because at the time of his arrest he was once again entitled to possess a gun. Under this statute defendant's civil rights had been restored ten years after he served time on his prior conviction, such rights encompassing his ability to possess a firearm. U.S. v. Hall, 20 F.3d 1066 (10th Cir. 1994).

The only thing in Colorado that really would sink the ship is a domestic violence.
It is not your job nor your duty to scrutinize this person's background. All that state law says is that you see a valid Colorado ID and that you know of nothing that would bar said individual from legally possessing a firearm.