Federal Firearms Disability Question

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Jumping Frog

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I know that Federal Firearms regs have various reasons that disqualify a person from owning or possessing a firearm.

Being a convicted felon is one such reason.

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

So my question is, if someone was "convicted" as a juvenile of a felony, does that felony conviction follow them into adulthood and bar them from possessing firearms?

As info, the person I am speaking of is adament that he has passed NICS checks when purchasing firearms. So I have to figure that either a juvenile offense is not a disqualifier, or that it is a disqualifier but these particular juvenile records were never entered into NICS.

Can anyone shed any insight?
 
The "person you are speaking of" needs to consult with an attorney, because this can be a complicated issue.

For example in the state in which I currently live and work a juvenile felony in that state would not prohibit a person from possessing a firearm under federal law, the individual is still prohibited from possessing firearms under state law.

It's better that this "person" seek the advice of competent legal counsel rather than seek answers on the internet.
 
Hello, Jumpin Frog. I'm not an attorney, so unlike other forum members I can't answer your question.

Instead, I have a question of simple curiosity: How did this Person answer the questions on the 4473 form when firearms were purchased? If the juvenile record hasn't been closed (sealed, expunged, whatever the legal term may be) then how can he answer No to those questions on the form?
 
As I understand it, in most states juveniles don't actually commit "crimes" unless they are tried as adults, they commit "acts of delinquency". Because of that, many states give sort of a second chance once a person reaches adulthood.

Though most states don't automatically seal or expunge records at 18, as I understand it most of them allow that to be done fairly easily as part of this "second chance".

So yes, it's entirely possible that his ownership of a firearm is legal but hard to say without knowing the exact crime and the state where it happened.

If he's passing NICS it's almost a certainty he had the records expunged.
 
well i speak from personall experience

when i was 23, i got in alot of trouble, i did a few years in TDC. I REALLY DONT WANT TO ELABORATE. it was a total of 7 felonies. none involved crimes against people, nor did they involve firearms or crimes that involved any kind of violation of anybodies property or personal and private properties. i had to wait 5 years after my punishment was finished, i then got a attorney and had my record esponged, i have been back to hunting and purchasing firearms from dealers not individuals so they are registered to me. I origianally got the espongement because in my proffession of network and telecom technician i have to be bonded and pass a background because my specialization is for school and institutional setup.i also got my process server certification and do that part time when a lawyer friend needs it. I am also ready to apply to get a FFL.I am 39 and living a different life,in a sorta twisted way me getting in trouble changed my life and probably saved me from lifestyle that i do not desire now. i have not ever had a delay, denial or any other roadblock that that would prevent me from moving forward.




from what i know a juvenile record can be sealed to where the general public such as employers and instances where a background check is needed. but it will always be there for law enforcement to access, unless the espongement process is done it will always be there and prevent things like firearm purchases.

also i think but not sure on this,if the crimes involves firearms,felony assault,and crimes of violence or malice it will always prevent firearm purchases and ownership.also it is not a guarentee that the courts will grant the requested espongement.


to the op,i know that if someone is in doubt of what is on criminal history, they can go to local police dept and pay 10 or 20 dollars get a fingerprint done that will get a full report of what is currently on record.it takes a few weeks to get back but it will answer any criminal history questions someone has.
 
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DMF said:
The "person you are speaking of" needs to consult with an attorney, because this can be a complicated issue.

For example in the state in which I currently live and work a juvenile felony in that state would not prohibit a person from possessing a firearm under federal law, the individual is still prohibited from possessing firearms under state law.

I participate in a different forum where this topic came up; I agree with the attorney advice because that is the exact same thing I told the OP. I am familiar enough with the local state law that a juvenile "felony of violence" is a state level disqualifier, but a juvenile non-violent felony is not.

However, I did not know how things worked at the federal level. Hence the above question. I am not seeking advice on what to do, but instead simply seeking to better understand how the federal regs would treat juvenile offenses. IOW, I am a gun nut who likes to deepen my knowledge.

ants said:
Instead, I have a question of simple curiosity: How did this Person answer the questions on the 4473 form when firearms were purchased? If the juvenile record hasn't been closed (sealed, expunged, whatever the legal term may be) then how can he answer No to those questions on the form?
I believe he unwittingly/unknowingly lied about it. He didn't realize those papers he signed at age 14 meant he pled guilty to a felony 5 until he got denied a CCW license many years later.
 
I am familiar enough with the local state law that a juvenile "felony of violence" is a state level disqualifier, but a juvenile non-violent felony is not.

However, I did not know how things worked at the federal level.


Every state is different. The federal government does not even prohibit juveniles that serve lengthy sentences from federal charges. Juveniles that go through the federal system with federal felonies are not even treated as felons once they are released.


Juvenile courts in many states are a joke, so it is probably a good thing they don't often count the same. In many states juveniles cannot even get jury trials (Constitutional requirement), and if charged with a crime a "conviction" or finding of delinquency/adjudication is almost certain in some places.

You have not said what state you are from, which although you are asking for the federal law, makes all the difference.
The federal prohibition exists based on how things are dealt with at the state level.
In some states juveniles can never be convicted. In others they can be convicted.
In some they can expunge thier record completely, with the court essentially removing that the conviction ever happened. In others expungement is not an option.
In yet others the term "expunge" merely means sealing of the records to various extents and may or may not remove disqualification, but the crime is still considered to have legally happened, record access is just reduced to certain people. In others expunge may remove the finding of guilt, but the record remains. The term varies from state to state. In those that use the term to refer to actually removing the finding or erasing the record altogether it undoes the conviction because it legally never happened, and the crime is federally as if it never happened. In those where it merely becomes sealed and harder for people to access, it may be treated differently if the crime is a "felony conviction", because then it still legally happened.

Further complicating matters is that the individual in question is subject to the laws and restrictions that were in place at the time of thier court proceedings. Not necessarily current standards. So if for example the state decided to become more restrictive of minors after committing offenses in the 90s, but the offense happened in the 80s, then the 80s statutes would normally apply. So just looking up current laws does not tell you what laws, restrictions, and sentencing guidelines existed at the time.
Retroactively applying new laws or guidelines is generally not done and may be against either state or federal law in different scenarios.
 
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I am bringing this bad boy back up... "Every state is different. The federal government does not even prohibit juveniles that serve lengthy sentences from federal charges. Juveniles that go through the federal system with federal felonies are not even treated as felons once they are released." Well, what is the law in Louisiana?
 
As I understand the law in the state of Michigan, and am not sure if this if Federal or state.

If an individual commits a crime and is convicted as a juvenile there are 2 possibilities.

1.) If the person does not commit another crime between 18 and 21 their juvenile record is sealed. It never happened. It can not be used again in court for later offenses or anything.

2.) If the person commits a crime where they are tried as an adult before age 21 the juvenile record is never sealed.

Assuming an individual commits 1 crime and that's it, then I would say as an adult they should be clear.
 
Here's the problem with suggesting the OP consult a lawyer... who's to say the lawyer's advice is right?

I've been in the same situation to a degree... Felony Conviction when I was 21... spent years thinking most of my rights were gone.... Judge told me they were (can't serve on jury duty), only thing a lawyer said I could do was get a pardon from the Governor and I would have to contribute to his campaign to get that....

The only folks who disagreed were the state police in S.C. (SLED)... seems the felony I was guilty of in 1978 is now only a misdemeanor...
 
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