Form 4473-Did not know I had a felony on my record

[texaninphx]

I filled out BATF form 4473 and said I did not have any felonies. Turns out I had a class "D" Felony on my record from mid-90s. I thought it was a misdemeanor. I was denied my gun purchase. I went to a Glock store and applied for a Glock 19. It was the only store I went to and I've never applied for a gun permit before. Question is, am I going to get a visit from the BATF? I'm worried as hell.

 

[texaninphx]

Oh, charge was for a bad check.... around $150.... case has since been dismissed, but before it was dismissed, I plead guilty.

 

[Davek1977]

If you've plead guilty to a crime, it cannot be "dismissed". Dismissal comes BEFORE pleading guilty...it doesn't happen after the fact in most circumstances. Its entirely possible that the judge agreed to seal your record if a period of probation or something was successfully completed, but sealed records don't just "go away", and are accessible under a variety of conditions. You need to have an attorney look into getting the charge removed from your record, rather than merely having it sealed....if thats the situation. As for a visit by the BATFE, I wouldn't be too worried. As gun owners, thats part the the ire we feel towards new gun laws....the fact that laws currently on the books( such as felons attempting to purchase firearms) are not even close to being uniformly enforced. Thats not a dig at tyou, but just a statement of fact. You will be fine, because the BATFE doesn't seem interested in prosecuting felons who attempt to purchase firearms

 

[texaninphx]

Dave I can't thank you enough. The only reason I was attempting to purchase a gun was because some gang-banger almost car-jacked me a few weeks ago. I wanted to buy a gun though a licensed dealer, and not thru a gun show. I was 90% positive that it was a misdemeanor. I found the record online. It said....."State appears by Deputy Prosecutor, The court, being duly advised NOW ORDERS this case dismissed on the motion of the State"

 

[texaninphx]

Should I call the ATF/FBI and explain my situation-- without giving my name of course. And see what they say? Or should I just let it fade away.. I don't want a surprise visit from Law enforcement or ATF.

 

[texaninphx]

It was dismissed in December 2004. original charge was in 1997

 

[Colonel]

Get a lawyer in the state where you have the record to sort it out. Shouldn't cost you much, I wouldn't think.

 

[TexasRifleman]

It was the only store I went to and I've never applied for a gun permit before. Question is, am I going to get a visit from the BATF? I'm worried as hell.

Technically you broke the law, attempting to buy a firearm as a prohibited person, but ATF has a VERY low "attack rate" with this particular action so I wouldn't be too worried about getting the knock at the door. Seems like I read that they go after like 2 percent of these.

But you probably should see a lawyer about getting it cleaned up that way if the ATF does decide you are one of the 2 percent he will have the info necessary. The odds are you will never hear a word.

 

[bikemutt]

I'm assuming the reason you know why you were denied is because you've already asked NICS why you were denied, I don't know of any other way to find out. Now you must decide whether to appeal or not.

Regardless, I suggest you obtain your record from the FBI. This way you'll know for sure what they believe your criminal history is. If that record does not agree with what you believe it should be, you may then ask them to correct your record though the appeal process. If the record they have is correct then, as others have said, you may want consider engaging a lawyer to see if you can get the crime vacated and your right to possess restored.

I can't stress enough the importance of obtaining your FBI record, it's very simple to do, only the fingerprinting cost, and it doesn't take a terribly long time. In a strange way it almost doesn't matter what the truth is, it matters what NICS believes the truth is.

 

[texaninphx]

Bikemutt, no. AFTER I filled the form out I did some digging on a case I thought was a misdemeanor, and found out it was a Class "D" felony. If I would have known before, I would not have applied for a gun. Still not 100% positive, the gun store said got 1 approval and 1 denial... the guy said the gal misplaced who got the approval and who got the denial. He said he'd call me this morning. But If I found this, then I'm guessing the NICS found it......

 

[texaninphx]

Bikemutt, right now the right to carry a gun is not important. I'm more concerned about what was a mistake on my part, that could turn out to be a very very big legal problem.

 

[dprice3844444]

get a copy of all the paperwork and have it ready in case atf comes a knocking.then take the paperwork and send it to whomever does the backround checks.check with the states attorney and or the attorney generals office of your state and see what it would take to correct this problem.keep all copies.check governors site and see if they have an expungemet section available in your state,file the paperwork with them

 

[texaninphx]

I cannot believe I'm in this mess. It was an honest mistake. Don't know if I should go to the ATF and explain, or move, or what. I cannot afford a lawyer.

 

[dprice3844444]

http://www.azgovernor.gov/cs/constituent_Jud.asp

 

[texaninphx]

Should I call the ATF and attempt to explain and clear this up or should I pray that this goes away....

 

[TexasRifleman]

I wouldn't contact anyone. I think the odds of you hearing anything about this are extremely low. Don't work yourself up and make things worse by talking to anyone other than a lawyer about it.

Even if you did hear from ATF on this, your explanation as to why it happened is reasonable. That's simply not the kind of thing they are after.

Oh you hear the crazy stories about ATF doing this or that, and those abuses do happen, but this particular one is something they just don't seem to ever mess with, according to their own documents.

 

[deadin]

You had best get this cleared up because, as of right now, you can't even legally buy a firearm from a private party. They may not know you are a prohibited person, but you do know. Possession of a firearm puts you at risk of prosecution as long as that felony is on your record.

 

[texaninphx]

Deadin,
maybe when I get some $$ for a lawyer to clear this up, but until that happens no gun. I only wanted a gun because Phoenix is turning into gang-banger heaven and I was nearly car-jacked at a gas station a few weeks ago. If I get jacked or shot, or well, I'd rather have that than this stress---- I was up all night worried about this

 

[ATBackPackin]

As already said.........lawyer, lawyer, lawyer. Unfortunately that is the only thing that is going to help you to clear this up, if it can be cleaned up, I do not know because I am not a lawyer.



On a side note this is one of those cases that really ticks me off, cleaner words used for THR purposes. A person bounces a check 14 years ago and now they are denied the right to defend themselves and their family.:banghead:


I wish you good luck Texan.
Shawn

 

[M-Cameron]

On a side not this is one of those cases that really ticks me off, cleaner words used for THR purposes. A person bounces a check 14 years ago and now they are denied the right to defend themselves and their family

yeah, i was gonna say.....a felony seems AWFULLY harsh for a bounced check......

 

[crracer_712]

If you had money to buy a gun, use it on an attorney to expunge the record. Something like that shouldn't cost much more than 300-400 bucks.

 

[crracer_712]

yeah, i was gonna say.....a felony seems AWFULLY harsh for a bounced check......

In the state of kansas, a bad check of 150 or more is considered a felony. It does seem harsh, and it can happen as an honest mistake. But being in business for myself for more than twenty years, and being fortunate to have only received 3 bounced checks in that time (two of which were paid by the customer), I had to take one dead beat to court that had a history of writing bad checks. Court ordered the customer to pay all of the bad checks written (to the court) and the court paid out the proceeds. I received two checks of 20 bucks each and that was it, on a 400 dollar bounced check.

Anyway, in the state of Kansas, you could have that record expunged and given the time that has elapsed, your rights for that class of felony would be restored once you have had your record expunged.

 

[NavyLCDR]

Technically you broke the law, attempting to buy a firearm as a prohibited person,

Technically he broke NO laws.

http://www.law.cornell.edu/uscode/718/usc_sec_18_00000922----000-.html

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
....
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Did he ship, transport, possess or receive any firearm or ammunition? NO.

(a) It shall be unlawful—
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

Did he KNOWINGLY make any false statements? NO.

So what law was broken, even technically?

Conspiracy/planning to commit a crime is a crime by itself, but our OP did not conspire or plan....

To the OP..... just do the NICS appeal if your charge was supposed to be expunged.

 

[Kaeto]

Problem is as far as the feds are concerned he's a convicted felon. And there is no way short of a pardon to get that removed from the federal record.

 

[TexasRifleman]

Navy, you are right on paper if course but be realistic. It's going to be very difficult to convince someone you didn't know you pled guilty to a felony.

But I still think that realistically there is little to no chance it will ever be noticed.