Form 4473 Question

[dancan929]

Hello everyone. I'm new to this forum and have a question I hope someone can possibly help me with. I am not a gun owner(yet) but am ready to make my first purchase. My question is with question 12c on the form 4473. 20 yrs ago(Im 43now) when I was young and dumb, I was charged with poss. of marijuana class A misdemenor, punishible up to but not more than a year. Long story short, It never went to court and the case was adjudicated and I've never been in trouble since. I think if I answer the question as written, my answer should be NO. But I'm not 100% sure. I don't want to be accused of being misleading when filling out the form. Here is question 12c: "Have you ever been convicted of a felony or any crime, for which the judge could have imprisoned you for more than 1 year, even if you received a shorter sentence, including probation? Sorry this was so long and I hope I made sense.

 

[GM.Chief]

Wel, if what you say is accurate, then you were never convicted of a felony and therefore the answer is no. No worries, you'll be fine.

 

[TexasRedneck]

Agreed - no conviction, no foul. The adjudication wiped that off the books for you....

 

[GM.Chief]

Too further clarify, I too was arrested for a similar charge a about 11 years ago, and I have had not one single issue with a purchase.

 

[TexasRedneck]

To further separate myself from certain other potheads...I never was! View attachment 2347

 

[GM.Chief]

Wish I wasn't...chock it up to being younger and dumber than I am now. One stupid decision will follow you through life, that's for sure.

 

[dancan929]

Thanks everyone. A Couple of scumbags tried to break into my house a week ago when my family and I were asleep. I never want to have that feeling where I thought I couldn't protect them. The past week has really opened my eyes to the world we all live in.

 

[GM.Chief]

Well make yourself a spot here at TGT and ask questions. The guys and gals here are friendly and willing to share info that can help to keep you and your family that much safer.

 

[dancan929]

Thanks again Chief. I've been doing quite a bit of research and talking to a lot of gun owners that I know. Glad to know I found a place that will help me gain some knowledge about firearms. I went with my brother to purchase his first gun today. I saw that question and my heart sank. Like you said, that one stupid decision 20 yrs. ago that I had long put away in my mind came rushing back to me. I think sometime this week I will try to make my first purchase. I will let everyone know how it goes.

 

[Texas1911]

Even if you put yes it does not disqualify you from owning the firearm. In Texas it's a 5 year period following the last day of your sentence.

 

[TexasRedneck]

All of us make mistakes to varying degrees....for some, too late we learn the REAL cost of those mistakes. I was lucky - my folks rode herd on me like a Dad on his 16 yr-old daughters' first date! Used to think they were way too strict....until I matured enough to understand that between them and good luck, I made it into adulthood w/o getting into serious trouble - so please don't presume that I'm lookin' down on ANYone!

 

[okie556]

To further separate myself from certain other potheads...I never was!

Was never convicted or was never caught?? LOL

Mine was......never caught......but what happened in Nam stays in Nam!

 

[TexasRedneck]

Actually, I led a boring life - never touched it. But had good reason for it - I hate drugs because of what happened to a family member when I was very young. Consequently, I was never inclined to mess with 'em - but I know many that did, and they're just fine. Just not something I was wanting to be involved with...

 

[KellyAsh]

I know the point has been made that you are good to go but to add to your comfort, I think the most important part of the answer is in the part of the question on the form that says, "...for which the judge could have imprisoned you for more than 1 year" and I dont think, even though an adjudication is technically a conviction because you have to plead guilty to get the adjudication, the crime isnt one that would get you a year in state jail even if outright convicted. And, like someone else said, the limit is five years on a weed conviction anyway.

 

[Major Woody]

Deferred Adjudication is not a conviction. Your OK. You can have that expunged. It don't know if it matters if you go for your CHL.

 

[txinvestigator]

Deferred Adjudication is not a conviction. Your OK. You can have that expunged. It don't know if it matters if you go for your CHL.

Deferreds cannot be expunged in Texas. Deferreds are convictions for CHL purposes. But a misdemeanor is only a 5 year disqualifier.

 

[txinvestigator]

I know the point has been made that you are good to go but to add to your comfort, I think the most important part of the answer is in the part of the question on the form that says, "...for which the judge could have imprisoned you for more than 1 year" and I dont think, even though an adjudication is technically a conviction because you have to plead guilty to get the adjudication, the crime isnt one that would get you a year in state jail even if outright convicted. And, like someone else said, the limit is five years on a weed conviction anyway.

The maximum confinement for a Class A misdemeanor is 1 year. State Jail is for State Jail Felonies only, and that is from 180 days to 2 years.

 

[Nate C]

Even if you put yes it does not disqualify you from owning the firearm. In Texas it's a 5 year period following the last day of your sentence.

A muy importante point of clarification regarding Texas1911's posting: Texas Penal Code section 46.04 states that a convicted felon may possess a firearm after the "fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later" and even then only in that felon's own residence.

HOWEVER: under Title 18 US Code Section 922 of federal law, a convicted felon can not legally possess a firearm or ammunition at any time, ever again, unless that person is pardoned (by the President or the Governor) or has the disability removed (administratively by ATF). Congress has effectively blocked ATF from removing any felon's disabilities since 1992 by saying that zero dollars of that agency's budget can be expended to restore the rights of felons in that regard.

 

[KellyAsh]

You're right Nate but its a moot point in regards to this thread. The guys not a felon and in the worst case scenario, the guy is looking at being scrutinized for answering yes to the question for a Class A misdemeanor which received a final disposition around 20 years ago which is way beyond the states or Feds ability to keep him from buying a gun. He needs to answer yes and wait his time but he is legal. Better yet, he could just get his CHL and walk out with whatever gun he chooses, baring Class 3 stuff.

 

[Nate C]

It was not my intent to assert that the OP was not eligible to purchase/possess. It was my intent to clarify the information about 'when' a felon can again legally possess.