cant own a gun due to dui 2nd?

[gonhuntn1022]

What is the name of your state (only U.S. law)?

 

[quincy]

What is the name of your state (only U.S. law)?

What is the name of your state?

 

[gonhuntn1022]

I live in sc and was sentenced to 1 year suspended to 90 days hip. I read where you cant own a firearm if committed of a crime carry a sentence EXCEEDING a year but mine didnt exceed a year. Do i have grounds for an appeal?

 

[Just Blue]

I live in sc and was sentenced to 1 year suspended to 90 days hip. I read where you cant own a firearm if committed of a crime carry a sentence EXCEEDING a year but mine didnt exceed a year. Do i have grounds for an appeal?

As you are not able to use basic judgment with your car...Why would the state think you could use judgment with the gun?

 

[Silverplum]

As you are not able to use basic judgment with your car...Why would the state think you could use judgment with the gun?

Superior point, Blue.

{My edit. }

Guns are for dessert.

 

[CdwJava]

If the offense is a felony (carries a potential sentence of more than a year) then that is a bar to firearm ownership and possession.

 

[quincy]

I live in sc and was sentenced to 1 year suspended to 90 days hip. I read where you cant own a firearm if committed of a crime carry a sentence EXCEEDING a year but mine didnt exceed a year. Do i have grounds for an appeal?

Here is a link to the Smart Gun Laws Organization with a list of those who are (generally) prohibited from purchasing guns in South Carolina: http://smartgunlaws.org/prohibited-purchasers-generally-in-south-carolina/

Were either of your DUIs felony convictions?

 

[Mass_Shyster]

I live in sc and was sentenced to 1 year suspended to 90 days hip. I read where you cant own a firearm if committed of a crime carry a sentence EXCEEDING a year but mine didnt exceed a year. Do i have grounds for an appeal?

Where did you read about this?

My brief search doesn't show any laws in SC that restrict ownership by someone convicted of dwi. If you are talking about Federal Law, you need to dig a little more.

If you are referring to 18 USC § 922

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
.
.
.
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Then you really need to see the definition section

18 U.S. Code § 921

(a) As used in this chapter—
.
.
.
(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

If this, indeed, is the section you are referring to, then more information is required. Is a dui 2nd a misdemeanor and punishable by a term of imprisonment of two years or less? I've seen that with a high enough bac, you may be punished by up to three years in jail, so that part would certainly qualify.

 

[CdwJava]

So, WHY were you denied the ability to own/purchase/possess a firearm?

A 2nd DWI in SC appears to only be a misdemeanor. As such, it would not appear that this particular conviction is what is holding you down.

Do you know the statutes under which you were convicted?

 

[gonhuntn1022]

No felonies no violent crimes no cdv etc

 

[CdwJava]

What statute were you convicted of?

 

[quincy]

... Do i have grounds for an appeal?

What is the gun concern? Do you own one or want to purchase one?

Nothing you have said so far appears to prohibit you from either, if neither of your DUIs resulted in a felony conviction (e.g., the DUIs did not cause great bodily injury or death).

Why do you think you can appeal your DUI conviction? There has to be a basis for an appeal other than not being able to own a gun (which does not seem to be an issue for you anyway).

Or have your concerns already been addressed and you just returned to provide clarification (which was nice)?

 

[HighwayMan]

I live in sc and was sentenced to 1 year suspended to 90 days hip. I read where you cant own a firearm if committed of a crime carry a sentence EXCEEDING a year but mine didnt exceed a year. Do i have grounds for an appeal?

So were you TOLD that you can't own a firearm and if so, by whom? Based upon just what you've said here that's not true.

One year is not "exceeding a year".