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CAN I PURCHASE?


Question
HELLO, I AM WONDERING IF I CAN LEGALLY PURCHASE A HANDGUN. I BEEN CONVICTED OF THEFT AND GOTTEN A YEAR SUSPENDED SENTENCE AND 5 YRS. PROBATION! OHIO LAWS SAY IF YOU ARE SENTENCED TO A SENTENCE EXCEEDING A YEAR, YOU ARE DISQUALIFIED. I ONLY GOTTEN A YEAR, AM I QUALIFIED TO PURCHASE SINCE IT'S THEY'RE LAW? I'VE GOTTEN EXACTLY A YEAR, NO MORE THAN THAT!

Answer
Laron,

The short (non-researched) answer is under the "Brady" provisions that were added to the GCA-68 there is a provision as you describe. I am not a licensed attorney in Ohio and cannot give you legal advice. However it would seem that you indeed may be "under disability" as it is defined in this section. I would assume same unless/until you get clarification via the B.A.T.F. and not attempt purchase.

Please keep in mind that certain provisions in the GCA have changed (and continue to do so) frequently. The only way to be certain about any paticular portion applying to you would be to get the answer as per the above. I would not want to advise you based on my opinion only to later find out that you somehow violated the law based upon an opinion here.

I strongly suggest that you contact the B.A.T.F. for a definite anwser to your question. After all, you could have lot riding on the answer !

You can reach them at any of the following:

www.atf.treas.gov
Columbus Ohio Field Office 614-469-5303

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