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Buying a firearm (restrictions)


Question
My husband has a battery against a house hold member. The conviction was made on 06/05/07 and his probation ended on 06/12/08. I want a hand gun for protection in our home and I like to go to the range. Can he buy or have in his home a fire arm legally? State of NM won't issue him a permit to conceal carry but does not have constrictions but I am having trouble with the federal statutes.

Answer
Cant say since not sure of your state laws.  He cannot have gun that does not mean you can't.  You can buy and have a gun, he just can't have access to it, you could say you keep it locked up and only you have the key. He may be able to petition the courts to have his misdemeanor battery expunged (? basically taken off his record and sealed as if it never happened).  The courts will do that if you find a lawyer who does it to take your case.

I would not volunteer the information about your hubby, unless you are asked?  Most states do not ask if you have anyone living with you that can't have a gun.  The only issue would be if your husband got access and used the gun, then there would have to be some explanations. Since current laws cannot force a spouse to testify against their spouse, a court would have a hard time getting a statement that could be used against either of you.

I would think you could buy and get a gun with no issue and if there was an issue you could say the gun will be secured and only would have access to it.

I would go to your local gun shop and buy a gun and see what the process is and buy it.  Use the current military policy "don't ask / don't tell) if it is good for the gov, it should be good for the citizens.

Just my opinion. :)  

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