quick question for the lawyerly bunch.

[Dravur]

I have a friend who would like to get a handgun for home protection... so she called me. I have nothing in inventory that would work for her at the moment. now for the kicker....

She was involved in an altercation with a former beau and she slapped him. She was arrested and spent the night in jail. She has had the matter expunged from her record.

Do you think she will have any problems purchasing a firearm? I explained that I could not buy her a gun as that makes for a Straw purchase.

I told her that she should not lie on the 4473 form, but as this is expunged, what are her options?

 

[El Tejon]

Find out what she means by "expunged". Often I find it isn't what you and I think that it means.

I had a guy tell me that once he was out of prison, done with house arrest, and then off probation for an Armed Robbery that it would be "off his record."

Find out what happened to the case. No, you look at it, not your secretary, not your mom, you look at it and find out what happened. Often people are confused or may, just may, lie to you (I know shocking that people involved in the criminal justice system would lie, but from time to time . . .).

If it really is "expunged" by what Black's means, then yes, no problem. However, look at the case first. Have her show you the court order.

 

[Dravur]

El t.

That's kind of what I thought. I am getting this story from her and according to her, it is truly expunged as in a CBI check does not show it on her record. Now, as to that, I cannot say as I have no legal standing to see her record.

I just wanted to check on this on here as t is a fairly good source for info.

 

[El Tejon]

It's not public record in Red?

Did she show you the order?

 

[rkh]

The simplest thing to do is this:

Suggest she go to the courthouse and obtain proof that her record has been expunged. Then have her attempt to purchase a gun.

The clerk at the store won't be able to help her if the background check comes back denied, but she may need the records if the state police pay her a visit.

 

[stevemis]

I think the OP has a two-parter... Let's say it is expunged. For purposes of the 4473, did it ever happen or not?

 

[Art Eatman]

Been a while since I filled out a 4473. But doesn't it ask whether you've been indicted for a crime for which the punishment could have been two or more years?

If her deal was not an indictment, what's recorded?

 

[mpmarty]

If the guilty plea or verdict has been withdrawn and the case dismissed you may answer "no" on the appropriate line of the 4473.

 

[JohnBT]

Art, I believe it still asks if you're under indictment, like the following version of the form.

www.atf.treas.gov/forms/4473/index.htm

Line 11 B, click on the letter B to enlarge the section.

John