ATF form 4473 question

[Frosty]

This is a very old thread . I’m curious if the original poster ever got an answer because I’m in the same boat. My felony was 23 years ago and I recently had it converted to a misdemeanor. In court I asked the judge if I could posses a firearm. He told me he was not allowed to give legal advice. So I asked him if I am filling out paperwork for a job or anything else , and I see the question “Have you ever been convicted of a felony?” , what should I answer/ The prosecutor spoke up and said “You answer No….that much I can tell you “

So I’m still curious if I am legal

There’s really only two ways to find out. Ask Mr. Relford or get caught with a firearm and find out you are prohibited. Personally I’d ask Mr. Relford.

 

[DadSmith]

I'm here to learn something.
Waiting on the lawful answer.

 

[TOD74]

There’s really only two ways to find out. Ask Mr. Relford or get caught with a firearm and find out you are prohibited. Personally I’d ask Mr. Relford.

Well I submitted the VAF for the UPIN . Also applied for Indiana gun permit. I wouldn’t risk it without being given the ok….just curious what to expect .

 

[Frosty]

Well I submitted the VAF for the UPIN . Also applied for Indiana gun permit. I wouldn’t risk it without being given the ok….just curious what to expect .

IANAL, but I would think of it’s now recorded as a misdemeanor you would be ok, I had a class D felony dropped to a misdemeanor and part of the plea deal was that it would be expunged, I was still asked about it when I was in the process of getting custody of my daughter, so it might still haunt you, but I hope not. Good luck!

 

[KellyinAvon]

Well I submitted the VAF for the UPIN . Also applied for Indiana gun permit. I wouldn’t risk it without being given the ok….just curious what to expect .

That seems like a good course of action. The term Guy uses is "felony expungement" which restores gun rights.

 

[DoggyDaddy]

IANAL, but I would think of it’s now recorded as a misdemeanor you would be ok, I had a class D felony dropped to a misdemeanor and part of the plea deal was that it would be expunged, I was still asked about it when I was in the process of getting custody of my daughter, so it might still haunt you, but I hope not. Good luck!

INGO...

 

[armalitesheepdog]

I dont know of this answers the question but I know a kid at work who was arrested with 1/4lb of Marijuana 10 years ago He had it plea bargained down to misdemeanor under a ounce.He now has a lifetime permit regularly buys firearms and has a C&R license.......FWIW

 

[Slapstick]

This is a very old thread . I’m curious if the original poster ever got an answer because I’m in the same boat. My felony was 23 years ago and I recently had it converted to a misdemeanor. In court I asked the judge if I could posses a firearm. He told me he was not allowed to give legal advice. So I asked him if I am filling out paperwork for a job or anything else , and I see the question “Have you ever been convicted of a felony?” , what should I answer/ The prosecutor spoke up and said “You answer No….that much I can tell you “

So I’m still curious if I am legal

First I'm NOT a lawyer so take what I'm about to say with a grain of salt! I did work in the Court system until I retired and have worked selling firearms part time. The short answer is yes you should be good to go. Reduction of your sentence, providing it isn't for domestic battery, should allow you to purchase or possess a firearm. One problem you may run into is if the Court failed to notify the appropriate agencies of the reduction of your sentence, i.e. National Crime Information Center(NCIC) or Indiana State Police criminal database, (iii). I've seen eligible people get a denial from NICS on their purchase due to this. At that point it's a pain in the rear because you have to appeal the denial and provide NICS with proof that the sentence was reduced.

On a side note I've seen people with an Indiana hand gun permit get a denial from NICS because the Court DID notify the State police but that info never made it into the NCIC's system.

It's not something that happens a lot, most of the time the Courts are good about notifying the appropriate agencies but it does happen on occasion. The best course is to always ask your attorney, (I'm assuming you had an attorney to handle you reduction of sentence) and have a bit of patience to allow time for the info to get entered before attempting to purchase a firearm from an FFL.

 

[Onebad06vtx]

Hunter Biden lied on form 4437,nothing happened to him!

 

[fullmetaljesus]

Because his attorney isn't the one who will go to jail.

Hold up.

You have a vetted, educated, seasoned, licensed, certified or whatever lawyer who got paid who got your kid off on a felony charge. You disregard his advice bc "never take advice from someone who won't endure the consequences"

But you will come to an internet forum full of strangers with no attachment to you or even possibly a light handle on reality and you ask for free advice?

Here's a little free advice from a stranger on an internet forum who's handle on reality could be called into question.

You and your son need to take a minute. Take a deep breath. Maybe do some mediation to calm your thoughts. More deep breaths.

Then evaluate your motivation, desires,and approach to the situation your son's actions put you both in.

 

[Frosty]

INGO...

View attachment 224267

Look, she was fine, and if she was honest she probably liked it. I don’t know how that car got flipped over, and I don’t know why my pants aren’t on….

 

[TOD74]

First I'm NOT a lawyer so take what I'm about to say with a grain of salt! I did work in the Court system until I retired and have worked selling firearms part time. The short answer is yes you should be good to go. Reduction of your sentence, providing it isn't for domestic battery, should allow you to purchase or possess a firearm. One problem you may run into is if the Court failed to notify the appropriate agencies of the reduction of your sentence, i.e. National Crime Information Center(NCIC) or Indiana State Police criminal database, (iii). I've seen eligible people get a denial from NICS on their purchase due to this. At that point it's a pain in the rear because you have to appeal the denial and provide NICS with proof that the sentence was reduced.

On a side note I've seen people with an Indiana hand gun permit get a denial from NICS because the Court DID notify the State police but that info never made it into the NCIC's system.

It's not something that happens a lot, most of the time the Courts are good about notifying the appropriate agencies but it does happen on occasion. The best course is to always ask your attorney, (I'm assuming you had an attorney to handle you reduction of sentence) and have a bit of patience to allow time for the info to get entered before attempting to purchase a firearm from an FFL.

No attorney. Just filed the petition myself. I have a signed order from the judge. Your advice is consistent with what I was told by a retired gun store owner , which is why I’m going through the VAF process

 

[FNparabellum]

I know this has been bantered around before but I couldn't find an old thread that spelled this out specifically.

My son was charged and convicted of a felony that carried a potential sentence of over a year when he was 18.

When he was convicted, his sentence laid out that if he did A, B and C, the conviction would be modified to a Class A Misdemeanor which carries potential jail time of up to one year. This modification was completed in court earlier this year and his record shows that he was convicted of a Class A Misdemeanor rather than a Felony.

As we all know, when you purchase a firearm from a LGS, you have to complete ATF form 4473. Of particular concern is box 11c which asks "Have you ever been convicted of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, ..." It then has Instructions that are found a few pages down which indicate that a person is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or…..”

So, my question is whether the modification he received meets the standard of being “pardoned, the conviction has been expunged or set aside”? I realize that ATF form 4473 is a national form and may not match up with the exact language on a state by state basis. His attorney says he good to go and that he can lawfully possess and purchase but I'm not yet 100% convinced.

I appreciate your response - especially if you are an attorney that practices law in Indiana, has a background in this area and doesn't mind giving free non-binding advice.

Easy day, your attorney is correct. He would have to have a Felony or have spent a year in prison to be prohibited under these circumstances. Now of course im not an attorney but ive filled out thousands of 4473s with thousands of people.

 

[Ingomike]

Easy day, your attorney is correct. He would have to have a Felony or have spent a year in prison to be prohibited under these circumstances. Now of course im not an attorney but ive filled out thousands of 4473s with thousands of people.

This poster has not been to the forum since January and the original post is from 7 years ago…

 

[TOD74]

This poster has not been to the forum since January and the original post is from 7 years ago…

I searched the forum trying to find an answer to my question rather than start a new post. I was hoping the original poster was still around or that someone else could tell me

 

[Ingomike]

I searched the forum trying to find an answer to my question rather than start a new post. I was hoping the original poster was still around or that someone else could tell me

I was just letting FNP that the post he replied to was not likely to be answered. Your post was fine here. Sometimes we don’t see the dates and think we are replying to a recent post.

 

[Cameramonkey]

Easy day, your attorney is correct. He would have to have a Felony or have spent a year in prison to be prohibited under these circumstances. Now of course im not an attorney but ive filled out thousands of 4473s with thousands of people.

IANAL but I believe that isnt quite correct. Simply being convicted of a felony with a year or longer sentence is enough as I recall. You dont have to set foot in an actual prison.

If I were convicted of felonious mattress tag removal and the penalty is 1-5 years, but the judge sentenced me to a year of probation instead, I would no longer be a proper person.

 

[DoggyDaddy]

IANAL but I believe that isnt quite correct. Simply being convicted of a felony with a year or longer sentence is enough as I recall. You dont have to set foot in an actual prison.

If I were convicted of felonious mattress tag removal and the penalty is 1-5 years, but the judge sentenced me to a year of probation instead, I would no longer be a proper person.

Correct.

 

[TOD74]

IANAL but I believe that isnt quite correct. Simply being convicted of a felony with a year or longer sentence is enough as I recall. You dont have to set foot in an actual prison.

If I were convicted of felonious mattress tag removal and the penalty is 1-5 years, but the judge sentenced me to a year of probation instead, I would no longer be a proper person.

This is my understanding also .

 

[Ingomike]

Correct.

View attachment 224383

Sounds like gotcha questions…