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Here’s the story……..

I know a young man that got nailed on a domestic violence charge when he was 14. He and his brother got into a fight and ‘daddy’ called the cops. He received 2 years probation. (Total bull in my opinion.)

Fast forward several years. He bought a .22 rifle from one of the local sporting goods stores. NICS gave him a green light and they sold him the gun.

Does this not count because he was a juvenile? Was his record sealed/expunged because he was a juvenile? Did it just fall through the cracks and not show up on the FBI computer?

Basically, is it legal for him to own this gun? Any ideas on how to pursue this quietly to find out?

You would need the actual charge and convection, relationship between the brothers to know that answer..

What, specifically was he convicted of?
This might help
http://www.atf.gov/publications/downloa ... 3310-3.pdf" onclick="window.open(this.href);return false;

My understand is, normally a "Brother" would not be cause for charges controled by
misdemeanor crime of domestic violence.

"“has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly
weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a
person with whom the victim shares a child in
common, by a person who is cohabiting with
or has cohabited with the victim as a spouse,
parent, or guardian, or by a person similarly
situated to a spouse, parent, or guardian of the
victim.”"

If the brother was not a guardian I don't think it counts.... but of course IANAL.

I played one in the US army having to navigate if soldiers of mine were restricted from firearms use under The Lautenberg Amendment.

He should contact the court clerk for where he was convicted.
it could be just a family court issue, and therefore, no "real conviction"

I would go to my local PD and have them do a NCIS check on myself and look at what is there. When doing the CHL the same records will be reviewed and any issues can be addressed before hand.

brentski wrote:I would go to my local PD and have them do a NCIS check on myself and look at what is there. When doing the CHL the same records will be reviewed and any issues can be addressed before hand.

That makes a dangerous assumption.

See there are many, many incomplete records that never make it to NICS (especially old ones, and most especially misdemeanors).

So someone can take the approach, "Let me see if I pass a NICS check, and then they are convinced they are out of the danger zone.

Problem is, a person is accountable for knowing whether or not they have a firearms disability. It doesn't matter what NICS says, if they cannot possess firearms and choose to do so anyway, it is still a crime.

To the OP: a brother does not meet the relationship definition, as stated above. That is a green light. However, you should get a certified copy of the case disposition documents to submit with your application.