Yet they called and did nothing? Every State ranks DUIs differently by the amount of them you have so no clue about other States. The 3 main factors are drugs, violent crimes and domestic abuse the rest can be appealed here. Open container here is a misdemeanor.

Is there a specified time one must own a gun before selling it or giving it away in order to differentiate between none-of-the-governments-business and 'straw purchase'?

After a cursory reading from a pro gun-control website ( https://www.nrablog.com/articles/2016/7/buying-and-selling-firearms-part-6-straw-purchases/ ), it seems that unless people want MORE government involvement in what you do with the firearms you purchase and own you DO NOT want the government to be investigating and prosecuting 'straw purchases' of firearms.

https://www.nrablog.com/articles/2016/7/buying-and-selling-firearms-part-6-straw-purchases/

Sure. The specified time is from, "I had the money" to "I needed the money."

Mike

Dui in the 1970s was a misdemeanor too. The state attorney general office asked the atf to waive it for everbody because it is an unintentional prohibition of the law but they refused to do it. And they say they dont want everybodies guns. Its just really unfair

Ok, did some reading up on this since i know folks, like i said that have dui's and still buy guns.

The federal law is.....If your DUI results in a sentence of 1 year or more. Doesn't matter if it's a felony or not, first or 5th one, goes by the length of sentence.

So yes, 1 DUI could do it if you did other stupid stuff that resulted in a sentence of 1 year or more. When the DUI was doesn't look to matter.

Here we look at the background check DUI's here can only go back 10 years then you need to start over. SD also only goes back 10 I believe it's 10 years on domestics too. You don't have a serious drug charge, a violent crime or recent domestic you can get a carry permit in SD.


The first permit I got was in Brooking and I remember the Sheriff looked me up and down and asked what I needed it for told him to shoot Yotes. I was working ADC for game and fish at the time the Sheriff I work for today won't play that game with people.

This is a Federal law, Law dog. It should apply to any state that uses the NICS.

I know we just don't enforce the Fed laws we follow the State laws here but the Feds are on their own I'm talking a crry permit not a purchase.

Any single charge over a year in jail is a Felony here but they can sentence a guy to jail time for multiple issues to jail for more then a year.

Lawdog answered my question so I deleted it. The states ignore federal law on the second amendment in some cases. It is no wonder states ignore federal immigration law in other instances.

from reading the article it sounds like the ATF does what it always does go after people who were not trying to break the law while ignoring tens of thousands of criminals making straw purchases or other illegal things.

one example was a guy could buy a gun at a better price in his state so he did then he not wanting to break the law ships it to his relatives dealer in another state and the relative goes and fills out a 4473 for the gun and takes possession of it. the ATF comes down on them they not wanting to break the law very well documented the breaking of the law as the atf interpreted it , but wait the guy who took possession of the gun filled out a 4473 and was background checked , that is completely against the spirit of what the gov and antis say should be . just an example of the hypocrisy in play.
while at the same time a guy who is a felon takes his girl friend in to a gun store says yeah baby were gonna buy you this gun for your protection it's your gun so you should fill out the form , he hands here the stack of 20s all drug money she hands it to the clerk he gifted her the money and she bought herself a gun. so it was not a straw purchase.

she can make purchases like this say at a rate of 1 a month for a long time and unless one of those guns gets gets seized by police used in a crime no one is the wiser , it is likely years later any way that the dots are connected , say she bought 6 guns over a 24 month time period , she sold one here and there as they were broke and waiting on a payday, they would have to prove the intent that she purchased them for other people. she was supposed to keep records of who she sold them to but they were lost in her moves or just lost , so they could get her on failure to keep records but that is really minor.

Still a felony conviction that would make sense the suspended time is still time to serve if you mess up and part of the conviction, here you can get a sentence imposition as a 1 time deal but only once.

The bottom line is the government has no place in the transaction of business between two consenting adults. The straw purchasing scam sham investigation and prosecution shows this clearly. Do not ask government to get involved in business between two consenting adults for any reason because the track record is clear they screw the pooch 100% of the time.

Yet I can go buy a gun/ammo today no problem so your beef is elsewhere maybe?

Quote Finn
"The states ignore federal law on the second amendment in some cases. It is no wonder states ignore federal immigration law in other instances."


So if we have rules the Government BAD if a State respects the 2nd amendment we are wrong also somehow? LOL What amendment covers illegal immigration a new one maybe?

Lawdog, a state is allowed to have more stringent laws than federal government, not less. That is called the supremacy clause. Here is some reading on the subject: https://en.m.wikipedia.org/wiki/Supremacy_Clause
You may agree or disagree, that is fine. I happen to like states that lean towards freedom. It doesn't take much of a rubbing of two brain cells to realize that other states can then use that same power to nullify other federal stuff, such as immigration laws.

Hippie you didnt dig deep enough. In the early 1970s all dui charges were that you COULD have been sentenced up to 3 years. Didnt matter what your acuall sentence was. The dui law changed to different levels of misdemeanors these days. You didnt have to do any other dumb stuff to go along with it

I must have too.

I found where Dick Thornburg signed the STRICTER DUI law we have now, in 1982.

I was sewing my oats in the 70's and i remember when they started the jail time for DUI's.

They use to give me a 35 dollar fine and take my booze. done deal. Guess i'll have to keep looking unless you have a link because what your saying isn't what i remember.

Either way, the dui had to result in a conviction that carried a 1 year jail sentence.

My brother had a routine dui in 1971. No wreck no fighting with cops. Got a 300 fine and a years probation. No jail time butCOULD HAVE BEEN SENENCED TO 3 YEARS. Cant own a gun today. He went thru a couple thousand bucks for 2 lawyers and that what it was.

Could be.
They musta relaxed the DUI laws since then if that's the case. Takes 3 to earn that today unless your plastered or do something else along with a DUI.