unregistered gun and intent to distribute....

the father of my niece recently got arrested(he's a real winner), for possession of weed w/ the intent to distribute(which means he had more than like 4 grams), the illegal possession of a unregistered handgun(some model of S&W M&P, he kept in his glovebox), and it seems like he got busted for driving under the influence(weed), if thats possible, so i could just be making it up, but it seems like i recall that much of it(its been a couple weeks, i just now thought about it today).

My question is though, can you have an unregistered handgun in Mississippi? i mean literally, is this possible? because when you purchase the gun.....thats it...right? cuz if not i've got a safe full of unregistered guns!

like i told my fiance's sister, when you buy the gun(legally) its "registered" right then(right???)....you don't have to do anything after the fact. so the only way that i can think that the gun could be "unregistered" is that it was stolen at some point, either by him or whomever he bought it from. or maybe it was originally bought out of state and not registered there(assuming its a state w/ strong registration laws) and then sold privately.

i dont know...the whole situation just didnt make sense to me. he got off pretty easily though. they confiscated the gun, and he has to go through some process to get it back(registered this time presumably). he also received 6 months probation, submit to weekly drug tests and go to potheads anonymous.

she also could've gotten her facts wrong though too, cuz this is the same girl who, at age 18, wanted me(at 20) to buy her a pink .22 cricket from bass pro cuz she thought you had to be 21 to buy a gun, and jokingly said i was no good to her since i wasnt even old enough. and shes also the same one who tried to convince me that i needed a carry permit to even keep a gun in my truck.

If he's getting the gun back, it wasn't a felony. You get convicted of one and it's no mo' guns.
Probably having a firearm in the commision of a crime. Then again, he could turned over enough names to get it reduced, which if the facts you were given are correct he could have done.

There is no gun registration in Mississippi.

I can sell you a gun on the street. No paperwork, no background check. No registration.

Was that in Mississippi?

NRA_guy wrote:There is no gun registration in Mississippi.

I can sell you a gun on the street. No paperwork, no background check. No registration.

Was that in Mississippi?

thats what i told her. and yes it was in ms.

they arent going to send anyone to jail over a few grams/ounces of weed anymore...they're too overpopulated for anything that minute. knowing the d-bag like i do(since 4th grade), i highly doubt he turned over any information for anything. the firearm in commission of a crime was another option i'd thought of...they tend to get a little testy over that.

i dont necessarily agree with weed, but i dont think it should be illegal, but i'm just glad my niece wasnt with him when he got arrested cuz it would've gotten ugly. i havent like the guy since i met him, but when they were dating he was actually not a total @$$(couple years ago)....found out right after they broke up, that he smoked weed like cigarettes(and still smoked about 2 packs of those a day, so that should tell you something). but i think the weed actually calmed him down some, and made him a halfway bearable human being.

none of this is a big deal(as long as he keeps my niece out of it), i was just curious about that unregistered gun BS...he probably told her that as just the simplest explanation for why they took his gun

Get them to tell him what STATUTE they are trying to get him (regarding the unregistered gun crap) and post back here.

When you purchase a new gun in Mississippi, they are not registered. The federal background check is done, but we do not tell them specifically which firearm the person is getting at that time.

2ALawyer wrote:Get them to tell him what STATUTE they are trying to get him (regarding the unregistered gun crap) and post back here.

We dont speak. And he doesn't come around much

jakeg823 wrote:

2ALawyer wrote:Get them to tell him what STATUTE they are trying to get him (regarding the unregistered gun crap) and post back here.

We dont speak. And he doesn't come around much

I can relate.

360glitch wrote:When you purchase a new gun in Mississippi, they are not registered. The federal background check is done, but we do not tell them specifically which firearm the person is getting at that time.

Very true, but the serial # is in your books. The ATF can come by at any time, check your books and see who bought what gun, serial number and all. Not "registration" per se, but in fact "de facto" registration.

Hammer wrote:

360glitch wrote:When you purchase a new gun in Mississippi, they are not registered. The federal background check is done, but we do not tell them specifically which firearm the person is getting at that time.

Very true, but the serial # is in your books. The ATF can come by at any time, check your books and see who bought what gun, serial number and all. Not "registration" per se, but in fact "de facto" registration.

I think your supposed to keep a proper record of who and when you sell the firearm to if you do it privately aswell. Or am I not correct

teirst wrote:

Hammer wrote:

360glitch wrote:When you purchase a new gun in Mississippi, they are not registered. The federal background check is done, but we do not tell them specifically which firearm the person is getting at that time.

Very true, but the serial # is in your books. The ATF can come by at any time, check your books and see who bought what gun, serial number and all. Not "registration" per se, but in fact "de facto" registration.

I think your supposed to keep a proper record of who and when you sell the firearm to if you do it privately aswell. Or am I not correct

supposed to? i dont think so....good to do? definitely!

Hammer wrote:

360glitch wrote:When you purchase a new gun in Mississippi, they are not registered. The federal background check is done, but we do not tell them specifically which firearm the person is getting at that time.

Very true, but the serial # is in your books. The ATF can come by at any time, check your books and see who bought what gun, serial number and all. Not "registration" per se, but in fact "de facto" registration.

thats what i was thinking...which is why i think they claimed it was unregistered(assuming that is really what was said). but isnt the only way it could not be in the books by being stolen from a shop at some point in the life of the pistol?

There is no such term as "unregistered" on the books in MS for such a firearm. Maybe your niece is making this up (like needing a permit for you to carry in your truck) out of sheer innocent ignorance, or maybe the LE officers used that phrase when they traced it & it was sold to John Doe way back when and the trail then went cold, i.e. there is no record of his name on the weapon. Which is a situation we are all in, if we have ever purchased a firearm from an individual, perfectly legal, just no record in the system since the current owner didn't buy the firearm from an FFL. It very well could "not be in the books", and still 100% legally owned. But possession during commission of a crime is another matter, that usually enhances the charges, unless the perp was known to the LE officers and clearly wasn't out to use the firearm, but just happened to have it in the glove box while riding around getting stoned...

My niece is a year old and doesn't talk yet. So pretty sure that's not the case.

He came over for thanksgiving yesterday and apparently has his pistol back as he pulled it from his crotch plaxico burress style to show me. He asked me and my fiance's brother in law about if he could still buy a firearm while on probation(for a misdemeanor if that makes a difference). We told him we had no clue it just depended on the terms, but that he would probably get a red flag when they called in the purchase.

Come to find out he has his firearms license so as long as he answered the form questions correctly and showed his license he shouldnt have any problems. I don't personally recall anything about a misdemeanor being on there? And he's been clean for a couple months now so he's not a unlawful user of drugs at the moment so he should have no reason not to answer honestly and just give them his license and walk out with a gun(without the store being the wiser).

I guess that's a benefit and a downfall to our firearms permit laws. Because we always assume that someone with a permit is a more law abiding citizen....which I'm all about second chances so maybe he'll be cleaned up this time permanently. If not I know that my rights are to important to me to be hanging around someone that could possibly get them taken away from me

Sorry, I mis-read who had told what to whom, it was your fiance's sister... if he had a CCW permit, I believe that could get pulled only for a felony, I would have to go back and read the law. If his CCW is still valid, then the FFL would not be obliged to call NICS to do the background check according to law, so no red flags would be raised. Which leads to another question: what if the CCW permit really had[u] been pulled, but somehow he still kept the card(maybe said he lost it, etc. if he was asked to turn it in)? Would the FFL be in violation for selling it to him on the basis of his "apparently" valid CCW permit? I buy firearms all the time at a local shop and show my card, fill out the form, walk out. No checks as to whether it is still valid. Interesting.

Yeah kinda my same thinking...beats me though

I guess my only advice is don't be in a vehicle with him with firearms, or in a residence with him with firearms IF you think he might be doing something unlawful. Your judgment here, is the prevailing factor. For what it's worth, I hope for his sake and the sake of his family he has chosen the right path and is "clean".

me too. i mean i dont see a big deal with weed(except when mixed with guns, like alcohol), but obviously the law does. i'm not a fan of the guy anyway, so i dont plan on spending any time w/ him thats not necessary.

yes I am also more libertarian in that regard(weed) but the law is not, and for me that is the deciding factor. I won't be around it, or persons using it, at least not knowingly. I don't want to lose my legal privileges / rights due to someone else putting me in violation of the law.

jakeg823 wrote:

thats what i was thinking...which is why i think they claimed it was unregistered(assuming that is really what was said). but isnt the only way it could not be in the books by being stolen from a shop at some point in the life of the pistol?

Any gun made since they started serializing them and keeping track of them is on a book somewhere. It may not be current, but it is on a book. Even if it is stolen from a shop, the shop owners report it stolen, and it is flagged as being stolen. So it is on a book or list then. If I buy one from a shop, it is in thier book. If I then sell it to someone, The gun is still on the dealers book, it just does not have the current owner listed anymore. The feds could check the dealers book, get my name and come ask me what happened to the gun if they wanted to.

But you dont legaly have to keep a record of private sales between individuals, but I do, just for my own future reference if need be...